Infractions vs Misdemeanors vs Felonies Explained

Getting charged with a crime in California means you’ll face one of three main categories: an infraction, a misdemeanor, or a felony. Each carries vastly different consequences that can impact everything from your wallet to your freedom.

The difference between these charges isn’t just legal terminology. It’s the difference between paying a fine and spending years in prison. It’s the difference between a clean record and permanent consequences that follow you for life.

Understanding infractions, misdemeanors, and felonies can help you grasp what you’re facing and why the category of your charge matters so much.

Quick Comparison: The Three Types of Charges

 

Category	Maximum Jail Time	Criminal Record?	Right to Jury Trial?	Common Examples
Infraction	None	No	No	Traffic tickets, noise violations, leash law violations
Misdemeanor	Up to 1 year	Yes	Yes	Vandalism, trespassing, DUI, petty theft
Felony	1 year or more	Yes	Yes	Robbery, assault with a deadly weapon, murder

What Is an Infraction?

What is an infraction? An infraction is the least serious type of offense in California. These are minor violations that typically involve breaking administrative rules or traffic laws.

Key Characteristics of Infractions

• No jail time – You cannot be sentenced to jail for an infraction
• No criminal record – Infractions don’t create a permanent criminal history
• Fines only – Punishment is typically a monetary fine
• No jury trial – You can appear before a judge but aren’t entitled to a jury
• No court-appointed attorney – You’re on your own unless you hire private counsel

Common Infraction Examples

The most familiar infractions are traffic violations:

• Speeding tickets
• Running a red light
• Illegal parking
• Expired registration

But infractions also include:

• Noise ordinance violations
• Building code violations
• Littering
• Dog off-leash violations
• Jaywalking

What Happens If You Ignore an Infraction?

If you don’t pay the fine or appear in court when required, the court may:

• Issue a warrant for your arrest
• Charge you with a misdemeanor (failure to appear)
• Suspend your driver’s license
• Add late fees and penalties

An ignored $100 speeding ticket can balloon into thousands of dollars in fines and potential jail time.

What Is a Misdemeanor?

A misdemeanor sits in the middle ground—more serious than an infraction but less severe than a felony. These are crimes that carry real consequences, including jail time and a criminal record.

Key Characteristics of Misdemeanors

• Up to 1 year in county jail – Maximum sentence is one year
• Creates a criminal record – Will show up on background checks
• Right to a jury trial – You can demand a trial by jury
• Right to an attorney – Court will appoint one if you can’t afford to hire your own
• Possible probation – Instead of jail, you might get probation with conditions

Common Misdemeanor Examples

California has hundreds of misdemeanor offenses, including:

• Petty theft (under $950)
• Vandalism
• Trespassing
• Disorderly conduct
• First-time DUI
• Simple assault
• Possession of small amounts of drugs
• Driving on a suspended license

Standard vs. Aggravated Misdemeanors

California recognizes different levels of misdemeanors:

Standard misdemeanors carry up to 6 months in county jail and/or fines up to $1,000.

Aggravated (gross) misdemeanors are more serious and can result in up to 1 year in county jail.

What Is a Felony?

A felony is the most serious category of crime in California. These charges carry severe penalties that can permanently alter your life.

Key Characteristics of Felonies

• More than 1 year in state prison – Sentences range from years to life
• Permanent criminal record – Follows you indefinitely
• Loss of civil rights – Voting, gun ownership, professional licenses
• Immigration consequences – Can lead to deportation for non-citizens
• Three Strikes Law – Some felonies count as “strikes” under California’s habitual offender law

Common Felony Examples

Felonies include violent and serious crimes:

• Murder and manslaughter
• Robbery
• Burglary
• Rape and sexual assault
• Assault with a deadly weapon
• Grand theft (over $950)
• Drug trafficking
• Arson
• Kidnapping
• Felony DUI (with injuries or multiple priors)

Felony Classifications in California

Not all felonies are equal. California uses different classifications:

Straight felonies can only be charged as felonies and carry specific prison terms.

Wobbler offenses can be charged as either misdemeanors or felonies depending on:

• The circumstances of the crime
• The defendant’s criminal history
• The prosecutor’s discretion
• The judge’s decision at sentencing

Examples of wobblers include some domestic violence charges, certain theft crimes, and some fraud offenses.

Serious and violent felonies receive enhanced penalties and count as strikes under California’s Three Strikes Law.

The “Wobbler” Exception

Some California crimes don’t fit neatly into one category. These “wobbler” offenses can be charged as either a misdemeanor or a felony.

What Determines How a Wobbler Gets Charged?

Prosecutors consider several factors:

• Severity of the offense – How much harm occurred
• Criminal history – Prior convictions, especially similar offenses
• Defendant’s age – Younger defendants may receive more leniency
• Cooperation – Whether the defendant is working with authorities
• Circumstances – Aggravating or mitigating factors

Common Wobbler Crimes

• Assault with a deadly weapon (not a firearm)
• Domestic battery with injury
• Forgery
• Grand theft auto
• Burglary (second degree)
• Sexual battery
• Vandalism over $400

Why Wobblers Matter

If charged as a misdemeanor instead of a felony, you face:

• Less time in custody (county jail vs. state prison)
• Fewer long-term consequences
• Better employment prospects
• Maintained civil rights

A skilled defense attorney can argue for misdemeanor treatment of wobbler offenses, making a massive difference in the outcome.

Why the Charge Category Matters So Much

The difference between charge categories affects every aspect of your case and your future.

Immediate Consequences

• Bail amounts – Felonies typically require higher bail
• Time in custody – Felonies mean potentially years in prison vs. months in jail
• Court process – Felonies involve preliminary hearings and more complex procedures

Long-Term Impact

• Criminal record – Only misdemeanors and felonies create one
• Employment – Felonies create the most barriers
• Civil rights – Only felonies cause loss of voting and gun rights
• Social stigma – Felony convictions carry heavier social consequences

Financial Costs

Beyond court fines, consider:

• Attorney fees – Felony defense costs significantly more
• Lost wages – More time in custody means more lost income
• Future earning potential – Criminal records limit job opportunities
• Professional licenses – May be suspended or revoked

Getting the Right Legal Help

The category of your charge should determine how aggressively you fight it.

For infractions, you might handle them yourself, though an attorney can still help avoid escalation.

For misdemeanors, hiring an attorney becomes important. They can often negotiate reductions or alternative sentencing.

For felonies, experienced defense counsel isn’t optional—it’s necessary. The consequences are too severe to face alone.

Law firms like The Nieves Law Firm handle all three categories of charges throughout California. Don’t underestimate the importance of getting the right legal help based on what you’re up against.

This article is for informational purposes only and does not constitute legal advice. Laws may change, and individual circumstances vary. For guidance on a specific situation, consult a qualified attorney.