Facing a criminal charge can be overwhelming. However, it’s important to recognize the potential consequences of the crime you’re charged with. Crimes can either be misdemeanors or felonies. While both involve legal consequences, the severity of the crime and probable penalties differ significantly. Understanding these distinctions can be crucial, especially if you or a loved one is facing charges.

Misdemeanors

Misdemeanors are less serious crimes that result in lighter penalties. They account for 80% of the annual arrests in America. The maximum sentence for a misdemeanor in California is a year in county jail. The fines typically range from a few hundred dollars to a few thousand. Some common misdemeanors include petty theft, trespassing, disorderly conduct, driving under the influence (DUI), vandalism and possession of small amounts of marijuana.

Felonies

Felonies are more severe offenses. They often involve violence, harm, or significant financial loss to others. The minimum sentence for a felony varies depending on the specific crime but can range from several years to life in prison. Fines for felonies can be substantial, reaching tens of thousands of dollars or more. Examples of felonies include murder, rape, assault with a deadly weapon, drug trafficking and arson.

When a misdemeanor becomes a felony

While misdemeanors are less stringent, certain circumstances can elevate them to felonies.

• Prior convictions: A previous criminal record can significantly increase the severity of a subsequent misdemeanor charge. This potentially leads to a felony charge.
• Wobblers: Certain offenses in California are classified as “wobblers.” The charge depends on the specific circumstances and the prosecutor’s discretion. For example, assault with a deadly weapon other than a firearm could be charged as either a misdemeanor or a felony.
• Aggravating factors: The extent of injury or harm caused during the commission of a crime can significantly impact the charges you face.

It’s important to remember that even misdemeanor charges can have significant consequences. Any criminal record may impact parts of your life, such as employment opportunities and housing options. If you’re facing a criminal charge, seeking legal counsel is highly recommended, regardless of its classification. An experienced professional can help you navigate the legal system, understand your rights and explore your options for defense.