In California, crimes are generally divided into four main categories based on their severity and potential punishment.
1. Infractions
An infraction is the least serious type of offense. Infractions are not crimes and typically result only in a fine, with no jail time. Many minor traffic violations fall into this category.
2. Misdemeanors
A misdemeanor is a criminal offense punishable by up to 364 days in county jail, a fine (often up to $1,000 or more depending on the offense), or both. Common misdemeanor offenses include assault, battery, driving on a suspended license, trespass, disorderly conduct, petty theft, shoplifting, prostitution-related offenses, vandalism, violation of a protective order, domestic violence, and DUI.
3. Felonies
Felonies are the most serious criminal offenses in California. A felony conviction can result in a sentence to county jail or state prison. California law also classifies certain felonies as serious or violent, which carry enhanced penalties.
Examples of felony offenses include murder, robbery, rape, kidnapping, carjacking, arson, extortion, embezzlement, gross vehicular manslaughter while intoxicated, assault with a deadly weapon on a peace officer, and DUI causing injury or DUI with multiple prior convictions.
4. Wobblers
A wobbler is an offense that may be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. Examples of wobblers include assault with a deadly weapon, burglary, theft-related offenses, drug crimes, spousal battery, certain domestic violence offenses, and DUI causing injury.
