What are Infractions, Misdemeanors, and Felonies
When discussing California criminal law, defense attorneys often use legal terms and phrases that are common in the courtroom, but should be explained for our clients. The terms "infraction", "misdemeanor", and "felony" are three examples of common terms that we use in defending our clients in Orange County criminal courts on a daily basis.
The Hierarchy of California Crimes – Infractions, Misdemeanors, and Felonies
- The Infraction
An infraction is commonly referred to as a ticket. Pleading guilty to an infraction involves paying a fine. There is no probation, and no possibility of jail. Speeding tickets, cell phone tickets, and parking tickets are common examples of infractions. At the Law Offices of Natalio Pereira, our criminal defense attorneys can use the infraction as a bargaining tool. For example, CA Penal Code 415 "Disturbing the Peace" can be charged as an infraction, and our Orange County criminal defense attorneys can negotiate a more serious misdemeanor crime down to an infraction for PC 415 "Disturbing the Peace" when it is not possible to get a charge dismissed.
- Misdemeanors
Misdemeanors are crimes less serious than felonies. They can be punished by the imposition of fines, and/or up to one year in a county jail. California misdemeanors are not punishable with state prison time. Many of the most common crimes our clients are charged with in Orange County courts are misdemeanor crimes, such as misdemeanor DUI or VC 12500 Driving Without a License. Misdemeanor probation, or "informal probation" is not supervised. People sentenced to misdemeanor probation in California may be required to file "progress reports" with the court periodically, but will not be assigned to a probation officer or have to check in with a probation officer.
- Felonies
Felonies are the most serious types of crimes in California. Felonies are punishable by time in state prison, or even death. However, new law in California has changed the definition of a felony.
In 2011, CA Governor Jerry Brown signed AB 109 into law, which California criminal defense attorneys and judges refer to as "Realignment". This new law defines a felony in California as "an offense punishable by death or imprisonment in a state prison for more than a year, or by imprisonment in the county jail for more than a year." This means that for certain types of felonies, a prison sentence can be served in a county jail rather than state prison. This is important for our clients to know, as time served in a local jail can mean that someone convicted of a felony can remain closer to loved ones. Under this new law, people convicted of non-violent, non-serious, and non-registerable sex offenses (we call them "Three non" felonies), AND do not have prior felony violent, serious, or registerable sex offense convictions will serve felony sentences in local jails rather than state prisons.
There are also different types of felony charges in California.
The most serious crimes, such as murder and rape, are known as "straight felonies". These are crimes that can only be charged as a felony.
A "wobbler" is a crime that can be charged as either a misdemeanor or a felony. Prosecutors will look at a person's criminal history and the facts of the case when determining whether to file a charge as a misdemeanor or a felony.
Felony probation is a supervised probation structure, where people who plead guilty to California felonies are placed on probation and must report to a probation officer, typically once a month.
Our criminal defense attorneys believe that our clients feel more comfortable when they understand the charges filed against them, and what consequences they face if convicted. We hope that this information helps you to better understand the difference between infractions, misdemeanors, and felonies in California.