There are three categories into which most crimes are sorted: felony, misdemeanor, and infraction. Felony is the most serious of the three, and infraction is the least serious. A misdemeanor, is the middle crime, and the penalties for a misdemeanor can vary. Someone who commits a misdemeanor crime may face any of the following penalties, or a combination of them:
- Jail time of up to a year
- Summary probation
- Fines
- Rehabilitation services like community service, therapy, anger management classes, and AA or NA meetings.
In general, the law categorizes these categories by the amount of jail time that an offender may receive. An infraction will receive at most a few days in county jail (though often will just receive a fine and no jail time). A misdemeanor will receive up to a year in county jail (or state prison for serious crimes). A felony will receive over a year in county jail or state prison. That being said, some factors of a crime may increase a misdemeanor penalty past a year or upgrade a misdemeanor to a felony. We will discuss this more later in this article when we talk about “wobblers.”
Here are some examples of misdemeanor crimes:
- Petty theft
- Shoplifting
- Prostitution
- Drug possession
- Simple assault
- Drunk driving
- Trespassing
- Indecent exposure
- Vandalism
- Resisting arrest
- Public intoxication
It is important to note, that some crimes may be classified as a misdemeanor in some legal jurisdictions and a felony in others. Therefore, check the state and county laws relevant to you.
What Does a Misdemeanor Mean For My Record?
While a misdemeanor is not as bad as a felony, it can still carry serious consequences, like jail time and probation. A misdemeanor will also stay on your record until you have completed the consequences and apply for it to be expunged. Having a misdemeanor on your criminal record can affect your job prospects and affect your ability to find housing or even cause family and friends to judge you.
The law also views a misdemeanor as a serious crime and having a misdemeanor conviction on your criminal record could mean that you face more severe penalties in future criminal trials. When determining the charge for wobblers, a misdemeanor conviction could bump your charge from a misdemeanor to a felony. The judge may also take your criminal record into account when setting sentencing, so you may receive more jail time for future offenses.
What Is a Wobbler?
In California, some crimes may be misdemeanors or felonies, depending on the circumstances of the case. These are known in the legal community as a wobbler. In most cases, they will generally be charged as either a misdemeanor or felony, but certain circumstances may see them downgraded or upgraded. For example, petty theft is generally a misdemeanor offense, but if you stole the items off someone’s person or threatened them with a gun, you may be charged with a felony.
Wobblers don’t just take into account the circumstances of the case but also allow for the judge and prosecutor to use their discretion. A felony may be reduced to a misdemeanor if the defendant helps the prosecutor or takes a plea deal. It may also be reduced if the defendant has no criminal record. However, the judge and prosecutor also have the discretion to increase a wobbler from a misdemeanor to a felony in certain circumstances.