California Felony vs Misdemeanor: Sentences, Fines and Wobblers (2026)

California sorts every offense into one of three categories rather than lettered classes: a felony is a crime punishable by death, by imprisonment in the state prison, or by county jail under Penal Code 1170(h), and every other crime or public offense is a misdemeanor unless it is classified as an infraction (Cal. Penal Code 17(a)). Where the offense statute names no other punishment, a felony carries 16 months, two years or three years (Penal Code 18(a)) and a misdemeanor up to six months in county jail, a fine of up to $1,000, or both (Penal Code 19).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California's general classification and default-punishment provisions in the Penal Code (sections 16 to 19.8, 672, 1170, 667(e), 1203.1, 1203a and 1203.2). It does not cover the grading of specific offenses, felony time limits, record clearing, federal offenses or local ordinances. For how other states classify crimes, see felony and misdemeanor classes by state.

Felony vs misdemeanor in California

The line in California is drawn by the punishment a statute allows. Penal Code 17(a) reads:

"A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions."

Two points follow from that wording. First, a felony is not limited to state prison: a crime punishable by county jail under Penal Code 1170(h) is still a felony. Second, the label comes from the punishment the statute authorizes. The main exception is the wobbler, a crime punishable either way, which Penal Code 17(b) turns into a misdemeanor in specific situations (covered below).

California's third tier is the infraction. An infraction "is not punishable by imprisonment," and a person charged with one is not entitled to a jury trial (Penal Code 19.6).

California's default sentences and fines

California has no Class A, B or C felonies or misdemeanors. Its classification provisions define only felony, misdemeanor and infraction and set default punishments that apply "except in cases where a different punishment is prescribed by any law of this state" (Penal Code 18(a) and 19). The table below shows those defaults; the statute for the specific offense controls whenever it sets its own term or fine.

The fine column comes from Penal Code 672, which applies only where "no fine is herein prescribed" for the crime: the court may then impose a fine "not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed."

For misdemeanors, Penal Code 18.5(a) converts every county-jail maximum of "up to or not exceeding one year" into a period "not to exceed 364 days." Separately, Penal Code 19.2 bars a jail commitment of more than one year on a misdemeanor conviction, or as a condition of probation on a felony or misdemeanor, except for a 1170(h) felony or for consecutive sentences on more than one offense.

County-jail felonies under Penal Code 1170(h)

Some California felonies are served in county jail rather than state prison. Under Penal Code 1170(h)(1) and (2), a felony punishable under that subdivision is served in county jail for the term in the underlying offense, or for 16 months, two years or three years when the offense names no term.

The county-jail rule has limits. Penal Code 1170(h)(3) sends an executed sentence to state prison instead where the defendant has a prior or current conviction for a serious felony under Penal Code 1192.7(c) or a violent felony under Penal Code 667.5(c), has a prior felony conviction in another jurisdiction for an offense with all the elements of one of those felonies, is required to register as a sex offender, or receives an enhancement under Penal Code 186.11.

How the actual sentence is chosen

When a felony statute lists three possible terms, the top one is the outer limit rather than the starting point. Penal Code 1170(b)(1) says that when "the statute specifies three possible terms, the court shall, in its sound discretion, order imposition of a sentence not to exceed the middle term." Under 1170(b)(2), the court may go above the middle term only when aggravating circumstances justify it and the underlying facts "have been stipulated to by the defendant or have been found true beyond a reasonable doubt at trial by the jury or by the judge in a court trial." Prior convictions may be considered on a certified record of conviction without a jury, though that rule does not apply to enhancements imposed on prior convictions (1170(b)(3)). Under 1170(b)(6), the court must impose the lower term if psychological, physical or childhood trauma, youth, or being a victim of intimate partner violence or human trafficking contributed to the offense, unless it finds the aggravating circumstances outweigh the mitigating ones so that the lower term would be contrary to the interests of justice.

Prior convictions can change the term. Under California's three strikes provision, Penal Code 667(e), one pled-and-proved prior serious or violent felony conviction doubles the term for the current felony; with two or more such priors, the current felony carries an indeterminate life term with a minimum of the greatest of three times the otherwise-applicable term, 25 years, or the term set under Penal Code 1170, subject to the exception in 667(e)(2)(C). California's life sentence rules cover how those terms work.

Offenses that set their own punishment

Because California has no class system, the defaults above are fallbacks. Penal Code 18(a) and 19 apply only "except in cases where a different punishment is prescribed by any law of this state," so where the statute defining an offense sets its own range, that range controls. Where a statute declares conduct a public offense but sets no penalty, it is punishable as a misdemeanor (Penal Code 19.4). A felony punishable by imprisonment or a fine with no county-jail alternative of up to one year may also be punished by up to one year in county jail, a fine, or both (Penal Code 18(b)).

For how theft is graded, see California theft laws; for assault and battery, see California assault and battery laws.

Wobblers: crimes that can be a felony or a misdemeanor

A wobbler is a crime the court may punish either by state prison or 1170(h) county jail, or by a fine or county jail. Penal Code 17(b) makes such a crime "a misdemeanor for all purposes" in these circumstances:

• After a judgment imposing a punishment other than state prison or 1170(h) county jail (17(b)(1)).
• When the court, on committing the defendant to a secure youth treatment facility, designates the offense a misdemeanor (17(b)(2)).
• When the court grants probation and, at that time or later on application of the defendant or the probation officer, declares the offense a misdemeanor (17(b)(3)).
• When the prosecutor files a misdemeanor complaint, unless the defendant objects at arraignment or plea, in which case the complaint is amended to charge the felony (17(b)(4)).
• When the court determines before trial, on its own motion or a party's motion, that the offense is a misdemeanor; the case then proceeds as if the defendant had been arraigned on a misdemeanor complaint (17(b)(5)(A)). After a denial, a new motion may be made only on a showing of changed circumstances (17(b)(5)(B)).

One limit is written into the section itself. Penal Code 17(e) states that the section "does not authorize a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290" where the defendant is charged with an offense requiring registration and the trier of fact has found the defendant guilty. Under 17(f), an unfulfilled restitution order or restitution fine is not grounds to deny a request for reduction.

The California Supreme Court addressed the effect of a reduction in People v. Park, 56 Cal.4th 782 (2013). It held that when a court in an earlier case "properly exercised its discretion by reducing the assault with a deadly weapon conviction to a misdemeanor, that offense no longer qualified as a prior serious felony within the meaning of section 667, subdivision (a), and could not be used, under that provision, to enhance defendant's sentence."

Infractions

An infraction is California's lowest tier, but it is still a public offense: Penal Code 16 lists "Felonies," "Misdemeanors" and "Infractions" as the crimes and public offenses. An infraction "is not punishable by imprisonment," a person charged with one "shall not be entitled to a trial by jury" (Penal Code 19.6), and, "except in cases where a different punishment is prescribed," the fine is up to $250 (Penal Code 19.8(b)).

Infractions are not free-standing, though. Under Penal Code 19.7, "except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions," including the powers of peace officers, court jurisdiction, time limits for starting a case and bringing it to trial, and the burden of proof.

Some misdemeanors can be handled as infractions. Under Penal Code 17(d), a violation of a section listed in Penal Code 19.8(a) is an infraction if the prosecutor files a complaint charging it as one (unless the defendant elects at arraignment to proceed on a misdemeanor) or if the court, with the defendant's consent, determines it is an infraction. Except where a lesser maximum fine is expressly provided, that infraction carries a fine of up to $250 (Penal Code 19.8(a)(2)).

Probation length and violations

California caps probation by statute, with exceptions written into the same sections.

• Felonies. Penal Code 1203.1(a) lets the court suspend the sentence for "a period of time not exceeding two years." Under 1203.1(l), the two-year limit does not apply to offenses listed in Penal Code 667.5(c) or to offenses that include their own probation lengths; for those, probation may run up to the maximum possible term of the sentence. For a felony under Penal Code 487(b)(3), 503 or 532a where the property taken exceeds $25,000, probation may run up to three years. Starting January 1, 2027, AB 1816 (Stats. 2026, ch. 833) adds a further exception (see Recent changes).
• Misdemeanors. Penal Code 1203a limits misdemeanor probation to "a period not to exceed one year," except for "any offense that includes specific probation lengths within its provisions."

On a violation, Penal Code 1203.2 allows the court to revoke and terminate supervision. Under 1203.2(c), if the sentence was suspended, the court "may ... pronounce judgment for any time within the longest period for which the person might have been sentenced"; if judgment was pronounced and its execution suspended, the court may order that judgment into "full force and effect." The statute also says supervision "shall not be revoked solely for failure of a person to make restitution, or to pay fines, fees, or assessments" unless the court determines the person willfully failed to pay and has the ability to pay.

Recent changes

• January 1, 2027 (enacted, not yet in effect). AB 1816 (Stats. 2026, ch. 833), approved by the Governor on September 30, 2026, will amend Penal Code 1203.1(l). For a person granted probation and ordered to register under Penal Code 290(c), where the probation department petitions and the court finds the person has not successfully completed probation and additional time is necessary for programming, the court may continue probation as necessary to complete programming for no more than one additional year.
• January 1, 2026. AB 321 (Stats. 2025, ch. 611) amended Penal Code 17, including the 17(b)(5) rule that lets the court determine before trial that a wobbler is a misdemeanor. SB 551 (Stats. 2025, ch. 225) amended Penal Code 1170 on the same date.
• January 1, 2025. AB 3278 (Stats. 2024, ch. 226) amended Penal Code 19.8, the infraction section.
• December 18, 2024. Proposition 36 added Penal Code 666.1. A person with two or more prior convictions for the listed theft-type offenses who is convicted of petty theft or shoplifting "is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170," and a second or subsequent conviction under 666.1 is punishable by county jail up to one year or state prison.
• January 1, 2022. AB 177 (Stats. 2021, ch. 257) re-enacted Penal Code 1203.1 with the two-year felony probation limit and its exceptions.
• January 1, 2021. AB 1950 (Stats. 2020, ch. 328) amended Penal Code 1203a, which now limits misdemeanor probation to one year except for offenses with their own probation lengths.

Related legal issues

A conviction's category affects more than the sentence. Whether a record can be cleared is covered on the California expungement laws page, and the time limits for filing felony and misdemeanor charges are on the California statute of limitations page.

Related pages

• Felony and misdemeanor classes by state
• California theft laws
• California assault and battery laws
• California expungement laws
• How long is a life sentence in California
• Arizona felony and misdemeanor classes
• Nevada felony and misdemeanor classes

This article provides general legal information about California law and is not legal advice. Sentences depend on the specific offense statute and the facts of each case. For advice about a specific situation, contact a lawyer licensed in California.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in California?

Under Penal Code 17(a), a felony is a crime punishable by death, by state prison, or by county jail under Penal Code 1170(h); every other crime or public offense is a misdemeanor unless it is classified as an infraction. A wobbler, punishable either way, becomes a misdemeanor in the situations listed in Penal Code 17(b).

Does California have Class A, B or C felonies?

No. California's classification provisions (Penal Code 17 to 19.8) define only felonies, misdemeanors and infractions and set default punishments; each offense statute prescribes its own term.

What is the maximum sentence for a felony in California?

There is no single maximum. Where the offense statute names no term, Penal Code 18(a) sets 16 months, two years or three years, and the offense statute controls whenever it prescribes a different punishment. Prior serious or violent felonies can raise the term under Penal Code 667(e).

How much jail time is a misdemeanor in California?

Unless the offense statute prescribes a different punishment, up to six months in county jail and a fine of up to $1,000, or both (Penal Code 19). Where a statute authorizes up to one year, the cap is 364 days (Penal Code 18.5(a)).

Is an infraction a crime in California?

Yes, in the sense that Penal Code 16 lists infractions among crimes and public offenses, alongside felonies and misdemeanors. But an infraction cannot be punished by imprisonment, carries a fine of up to $250 unless a different punishment is prescribed, and has no jury trial (Penal Code 19.6 and 19.8(b)).

What is a wobbler in California?

A wobbler is a crime the court may punish either by state prison or 1170(h) county jail or by a fine or county jail. Penal Code 17(b) makes it a misdemeanor for all purposes in listed situations, such as a non-prison judgment, a misdemeanor declaration when probation is granted, or a court determination before trial.

How long is probation in California?

Generally up to two years for a felony (Penal Code 1203.1(a)) and up to one year for a misdemeanor (Penal Code 1203a). Offenses listed in Penal Code 667.5(c) and offenses with their own probation lengths are excepted, and certain felony thefts over $25,000 allow up to three years (Penal Code 1203.1(l)). Starting January 1, 2027, AB 1816 (Stats. 2026, ch. 833) lets the court extend probation by up to one more year for some people required to register as sex offenders.

What happens if you violate probation in California?

Under Penal Code 1203.2, the court may revoke and terminate supervision and, if the sentence was suspended, pronounce judgment for any time within the longest period for which the person might have been sentenced. Supervision cannot be revoked solely for failure to pay fines or restitution unless the court finds the failure willful and the person able to pay.