A misdemeanor is a less severe offense than a felony. On the other hand, a felony is the most severe offense a prosecutor can charge you with and carries lengthy sentences and heavy fines. Misdemeanors are punishable by fines and time in county jail. Non-violent crimes like disorderly conduct, driving under the influence, and shoplifting are misdemeanors, while violent and severe criminal conduct like murder and robbery are felonies. Sometimes, aggravating factors can increase misdemeanor charges to felony charges. Please continue reading this blog post to learn more about how a felony differs from a misdemeanor.

Defining California Felonies and Misdemeanors

Felonies and misdemeanors are two primary types of criminal crimes in California. Misdemeanors are considered less severe offenses where the maximum county jail sentence does not exceed a year, and fines are capped at $1,000. California felonies are more severe offenses where the potential prison sentence exceeds one year, and maximum fines could be $10,000.

Felony crimes in California include:

  • Carjacking.
  • Rape.
  • Manslaughter.
  • Aggravated battery.
  • Mayhem.
  • Gross manslaughter while intoxicated.
  • Murder.
  • Torture.
  • Negligent manslaughter while intoxicated.
  • Kidnapping.
  • Lewd acts with an underage child.
  • Sexual battery.
  • Child molestation.
  • Involuntary manslaughter.
  • Attempted murder.
  • Grand theft.
  • Hate crimes.
  • Grand theft.
  • Child pornography.
  • False imprisonment.
  • Voluntary manslaughter.
  • Assault with a firearm.

The judge can impose felony probation that lasts between three and five years. You should also meet conditions like paying victim restitution, random drug testing, meeting regularly with the probation department, and serving community service.

California felony charges are punishable by any of these three terms: high-term, middle-term, or low-term. Judges typically sentence defendants to the middle term unless mitigating or aggravating factors exist.

Severe felonies could result in life imprisonment without parole or even the death penalty.

California misdemeanors include the following:

  • Prostitution.
  • Disorderly conduct.
  • Public intoxication.
  • Indecent exposure.
  • Domestic violence.
  • Trespassing.
  • Drug possession.
  • Violation of a restraining order.
  • Disturbing peace.
  • Reckless Driving.
  • Driving under the influence (DUI).
  • Trespassing.
  • Shoplifting.
  • Receiving stolen property.
  • Petty theft.
  • Driving while intoxicated.

The judge can impose summary probation and subject you to probationary terms after convicting you of a misdemeanor. Some terms to comply with include counseling classes, victim restitution, electronic monitoring, and community service.

Unlike a felony, your misdemeanor conviction will not lead to the loss of gun rights or voting rights unless you are guilty of domestic violence. Nevertheless, a conviction can lead to disciplinary action against professional license holders like lawyers, teachers, and medical practitioners.

Understanding a California Wobbler

In California, a wobbler crime is a charge that the prosecution can prosecute as either a misdemeanor or a felony.

The prosecutor determines whether to charge a crime as a wobbler based on the following:

  • The severity of the offense.
  • The accused's criminal record.
  • The suspect’s age.
  • Whether the suspect is a repeat offender.
  • The strengths and gaps of the prosecutor’s case against the accused.
  • Whether the accused is eligible for probation.
  • Other case mitigating factors, like a first-time offense, playing an insignificant role in the crime commission and using caution to avoid harming individuals or property.

Some instances of California wobbler offenses include:

  • Stalking.
  • Lewd acts with an underage child.
  • Statutory rape.
  • Vehicular manslaughter.
  • Sexual battery.
  • Child endangerment.
  • Spousal battery.
  • Grand theft.
  • Burglary.
  • Brandishing a gun.
  • Making criminal threats.
  • Forgery.
  • Elder abuse.

How to Reduce Your Felony to a Misdemeanor

Reducing your felony has many benefits and could aid in expunging your record. Defendants in California lower their felony charges to misdemeanors by using any of  the following ways:

Accepting a California Plea Deal

Often, many criminal cases are resolved through stipulated agreements or plea bargains.

If your lawyer believes that plea bargaining is the best strategy, they could negotiate with the prosecution through the plea deal process. If the prosecution agrees to the arrangement, you must enter a guilty plea to a California misdemeanor before reducing your felony charges.

Your attorney could kickstart the plea deal negotiations during your arraignment court proceeding or at any juncture before the commencement of your trial.

Complete a California Diversion Program

Sometimes, you could qualify for a felony charge reduction if you complete a diversion.

Diversions are some legal options that might be available early in the California criminal system under certain circumstances. Some can be available to you before being formally charged. They allow you to avert the criminal justice process and enter rehabilitation programs.

Diversions are primarily available for California minor offenses, like:

  • Shoplifting.
  • DUI.
  • Marijuana possession.

Some rehabilitation programs require a guilty plea for the judge to suspend your sentence if you have completed your diversion program’s court-imposed conditions. The diversion programs are designed for rehabilitation purposes. For instance, a diversion for controlled substance offenses could often involve:

  • Completion of a controlled substance abuse program.
  • Reporting to a diversion program official regularly.
  • Maintaining consistent employment or full-time studies.
  • Passing random substance testing requirements.

The successful completion of a diversion program will result in the court reducing or dropping the felony charges against you.

The eligibility for California diversion programs is strict, including:

  • The crime should be your first offense or you have a limited criminal history.
  • Pose a minimal risk of re-offending.
  • Your charges should be for non-violent crimes.

Complete Your Probation

Upon your sentencing to probation in California, you must adhere to your community service conditions. Although you will be out of custody, you must obey all your stringent terms. Some regulations could be stringent, depending on your felony conviction. These probationary conditions can include the following:

  • Paying court fines.
  • Agreeing to stay out of trouble during your probation.
  • Meeting regularly with a probationary official.
  • Undertaking community service.
  • Obeying any California protective orders against you.
  • Paying restitution to the victim(s) of your crime.
  • Complying with random testing for controlled substances.

In Golden State, probation for non-violent felonies lasts for two (2) years. For grand theft felonies worth $25,000 or more, the probation can last up to three (3) years.

Upon completing your probation, you could request that the court lower the felony to a California misdemeanor.

Proving That Your Felony Conviction Was Unsupported By Facts

Certain misdemeanors become California felonies with the addition of aggravating factors. By proving that those facts are missing, you could get a reduction of your criminal felony charge to a misdemeanor.

California Penal Code 17b

An individual found guilty of wobbler felony misconduct might qualify for the reduction of their offense to a California misdemeanor per PC 17(b). Nevertheless, the qualification for reducing your felony depends on certain case factors, including the alleged crime and your criminal history, 

Additionally, you should fulfill the criteria below to qualify for a felony reduction:

  • You have completed probation or received an early probation termination.
  • Your felony conviction was a California wobbler.
  • You are not presently serving a prison term for a different crime.
  • You have satisfied your probationary terms, including any prison term.
  • You are not presently being prosecuted for another crime.

It is crucial to understand that even if you satisfy the qualification criteria, the judge still has the discretion to allow your felony charge reduction. Furthermore, specific crimes, like violent felonies, do not qualify for a decrease per California Penal Code Section 17(b) PC.

The court can reduce your wobbler felony at any of the points below:

  • After your preliminary hearing.
  • Once the court drops your felony charges to misdemeanor charges (after completing probation).
  • During your felony case sentencing.

If you qualify to file the PC 17b motion, you should follow the necessary legal steps, including the following:

  1. Fill out the relevant paperwork — You should complete a resentencing petition per California Penal Code 1170.18. It is a readily available form from your lawyer.
  2. File your documents with the California court — After your paperwork is done, you should file them with the California court that made your initial conviction. You must serve copies of the documents to the prosecutor's office.
  3. Await your petition’s hearing date —  A California judge will then schedule a hearing date. You might present yourself before a judge for your court hearing.
  4. Attend your court hearing — During the court hearing, the California judge will consider the petition and objections by the prosecution. It is also a chance to explain to the judge why you believe the court should reduce your criminal charges.
  5. Rendering of the verdict — The judge will then determine the petition based on the facts presented. If the judge grants the petition, they will reduce your felony to a California misdemeanor.

When determining whether to grant your PC 17b, the judge will consider the following factors:

  • The case facts.
  • The nature of the crime.
  • Your criminal history.
  • Whether you complied with the probation conditions.

It is crucial to know that even when the reduction is successful, your felony conviction will continue to exist in your criminal history as a California misdemeanor until you can file a petition to expunge (erase your criminal records) your misdemeanor conviction. A California expungement has significant benefits, like permitting you to qualify for specific job applications and licenses that could otherwise have been inaccessible.

Sex Offenders Eligibility for Felonies Reduction

Certain sex crimes do not qualify for felony reduction in California. For instance, crimes that require you to register as a sex offender, like sexual acts with a juvenile, rape, and child abuse, are ineligible for a reduction.

Nevertheless, there are instances when a sex offender can qualify for the reduction. It depends on the court’s discretion and the case facts. The most effective way to learn is to hire a knowledgeable defense attorney to review your case facts and advise you on the available legal options.

Criminal Penalties and Consequences that Carry Over After Your Felony Conviction Reduction?

Some felony consequences that still apply following the reduction include the following:

  • If the crime was a violent or serious felony, the law will consider your conviction a previous strike under the Three Strikes law.
  • If the felony crime obligated you to register as a sex offender under PC 290, you should still meet that responsibility even after the reduction.
  • The federal government can consider your conviction a felony per its firearms statute.
  • Some state professional licensing authorities can consider your conviction a felony. (For instance, the California State Bar will deem your conviction a California felony when taking attorney disciplinary action).

Fortunately, except for the above exemptions, a reduced felony under PC 17b California is deemed a misdemeanor. In other words, your reduced felony conviction does not function as a previous offense for a future crime requiring a predicate felony conviction.

Does Filing PC 17b Motion Restore Firearm Rights?

Reducing your felony charge to a California misdemeanor restores your gun rights, provided you do not have other bars to owning, buying, or possessing guns. However, some misdemeanor charges carry a ten-year gun ban.

A Penal Code 17b reduction also restores firearm entitlement per federal law, provided the federal judge did not enter a judgment.

How California Felony Expungement Differs from Misdemeanor Expungement

Under PC 1203.4, expungement entails petitioning the court for your guilty or no-contest plea and entering a not-guilty plea. The post-conviction relief releases you of penalties that originate from your conviction. It provides you with a clean start and has benefits like:

  • It makes it easier to obtain a financial loan.
  • It makes it easier to acquire affordable housing and lucrative employment.
  • It is easier to obtain a state professional license.

You are eligible for a misdemeanor expungement if the case facts below apply:

  • You have met your probation terms.
  • You have completed your probation.
  • You do not have a pending case.
  • You are not serving probation or time for another criminal charge.

Expungement is only available for some California felonies. You cannot erase your criminal record if you are convicted of the following:

  • Oral copulation against a juvenile.
  • Sodomy against a minor child.
  • Lascivious conduct with a minor minor.
  • Fraud-related crime.
  • Statutory rape.

You cannot expunge your record if you have served time in a California state prison. However, California Realignment Act Proposition 47 exempts you if the judge sentenced you to jail for a felony you committed after 2011. The realignment is tailored to handle low-risk and low-level offenders (defendants not considered high-risk and dangerous enough to be rehabilitated and integrated within their community). Some of the crimes excluded from realignment include the following:

  • Violent felonies per PC 667.5 like mayhem, rape, oral copulation, murder, voluntary manslaughter, and sodomy.
  • Serious felonies per PC 1192.7 like assault intending to rob, arson, exploding an explosive with intentions to injure, burglary, murder, and sodomy using force.
  • Sex offenses requiring sex offender registration.
  • Aggravated white-collar offenses per Penal Code Section 186.11 PC.
  • Corporal injury on your spouse (PC 273.5).
  • Pimping (PC 266h).
  • Bribery of judges or jurors (PC 92).

Misdemeanor Criminal Record Expungement Waiting Duration

Filing for your misdemeanor criminal record expungement process takes at least eight weeks. The factors below affect the waiting time:

  • The conviction’s age.
  • The jurisdiction.
  • How complicated your case is.

Please note that courts do not expunge criminal records automatically; requesting post-conviction relief is your responsibility. Otherwise, anyone who conducts your background check will see the criminal records even years later. 

If you served probation, you can request an early release.

There is no waiting time for a misdemeanor criminal record expungement for a conviction with probation as a penalty. That means you can request post-conviction relief once you complete probation. However, you should wait 12 months from when the judge sentences you if your conviction does not involve probation.

Felony Criminal Record Expungement Waiting Period

You must wait two (2) years before filing your expungement petition if the felony offense resulted in serving time in jail. This waiting duration applies regardless of whether the sentence includes mandatory supervision.

Moreover, you must wait two years if you spend time in jail, per the Prop. 47 Realignment Act.

Applying for Expungement

After satisfying your expungement conditions, you should initiate the California expungement process by:

  • Bringing your expungement forms to the court that handled your criminal case.
  • Paying the relevant court fees.
  • Attending your court hearing.

You can file your petition in any of the ways below:

  • Doing it yourself.
  • Using a lawyer.
  • Requesting the probation department’s approval.

Remember, you can begin the post-conviction relief process once you complete your misdemeanor sentence. Your legal counsel can speed up the process by requesting the judge to grant you an early probation termination. The attorney will convince the judge that your reform and good behavior justify the request and that terminating your probation will serve the interests of justice.

Contact a Qualified Criminal Defense Attorney Near Me

After your arrest, the prosecutor can either charge you with a felony or misdemeanor, depending on the severity of the alleged crime and the surrounding case circumstances. A California felony is more severe than a misdemeanor, attracting more harsh penalties and extended incarceration. Irrespective of the charge, hiring a seasoned criminal defense attorney is in your best interests; your freedom, reputation, career, finances, employment, and future are at stake. Criminal statutes are constantly changing and complicated. Sometimes, judges enhance or reduce offenses, especially if there are aggravating and mitigating factors. Los Angeles Criminal Lawyer can help you navigate the complex criminal judicial process, collect evidence, prepare your defense, and fight for your rights. Please contact us at 310-502-1314 to get answers to your questions and book your free case review.