Criminal Felony vs. Criminal Misdemeanor Generally speaking, a felony is usually classified as a crime punishable by death or imprisonment in excess of one year. In contrast, an offense classified as a misdemeanor is a crime punishable by imprisonment for less than one year or by fine. If convicted of a felony or misdemeanor there may be restrictions placed on firearms possession by the convicted in Califiornia. A person convicted of a felony is considered a felon. At common law the only felonies were murder, manslaughter, robbery, larceny, arson, rape, sodomy, mayhem, and burglary. Contact an Orange County criminal defense attorney in our office for help with your criminal case. Our criminal defense attorney is knowledgeable and experienced in criminal defense law. A wobbler is a crime that can be charged as a felony or a misdemeanor. Pursuant to California Penal Code 17. (a) A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. (b) When a crime is punishable, in the discretion of the court, by imprisonment in the state prison or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances: (1) After a judgment imposing a punishment other than imprisonment in the state prison. * * * (3) When the court grants probation to a defendant without imposition of sentence and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor. (4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of his or her arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint. (5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.

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