California criminal charges fall into four levels of severity infractions, misdemeanors, wobblers, and felonies and are defined by specific sections of the Penal Code, Vehicle Code, or Health & Safety Code. This guide is a comprehensive reference to the most common criminal charges in California, organized by category. For each charge, it gives the code section, a plain-language definition, whether the offense is a misdemeanor, felony, or “wobbler” (chargeable as either), and the general penalty range. This is general legal information, not legal advice; penalties vary based on the specific facts, a defendant's record, and sentencing enhancements. If you are facing a specific charge, consult a licensed California criminal defense attorney.
What Is the Difference Between an Infraction, Misdemeanor, Wobbler, and Felony in California?
California classifies crimes into four categories by severity: infractions (fines only), misdemeanors (up to a year in county jail), wobblers (chargeable as either a misdemeanor or a felony), and felonies (more than a year, often in state prison). Understanding these categories is the foundation for understanding any specific charge:
▸ Infraction the least serious offense, punishable by a fine with no jail time and usually no right to a jury trial. Most traffic violations are infractions.
▸ Misdemeanor punishable by up to six months or, for certain offenses, up to one year in county jail, plus fines and probation. Examples include most first-time DUIs and simple battery.
▸ Wobbler an offense a prosecutor may charge as either a misdemeanor or a felony based on the facts and the defendant's record. A felony wobbler can often later be reduced to a misdemeanor under Penal Code § 17(b).
▸ Felony the most serious category, punishable by more than one year in custody, often in state prison. Some felonies are “strikes” under California's Three Strikes Law, which increases penalties for future felonies.
What Are the Most Common DUI and Driving Charges in California?
California DUI and driving offenses are defined mainly in the Vehicle Code. A first-offense DUI is typically a misdemeanor, while a DUI causing injury or a fourth DUI can be charged as a felony.
▸ DUI – Alcohol/Drugs (Vehicle Code § 23152) driving under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08% or higher. A misdemeanor for a first, second, or third offense; a fourth offense within ten years is a wobbler. Penalties escalate with each prior.
▸ DUI Causing Injury (Vehicle Code § 23153) driving under the influence and causing bodily injury to another person. A wobbler; as a felony it can carry state prison time and a strike if great bodily injury is inflicted.
▸ Watson Murder (Penal Code § 187) second-degree murder charged when a driver with a prior DUI conviction (and the “Watson advisement”) kills someone while driving under the influence. A felony carrying 15 years to life.
▸ Driving on a Suspended License (Vehicle Code § 14601) driving while one's license is suspended or revoked. A misdemeanor.
▸ Reckless Driving (Vehicle Code § 23103) driving with willful or wanton disregard for safety. A misdemeanor; “wet reckless” under § 23103.5 is a common reduced plea from a DUI.
▸ Hit and Run (Vehicle Code § 20002 / § 20001) leaving the scene of an accident without exchanging information. Property-damage hit and run (§ 20002) is a misdemeanor; injury hit and run (§ 20001) is a wobbler.
What Are the Most Common Drug Charges in California?
California drug offenses are defined in the Health & Safety Code, and classifications changed significantly after Proposition 47 (2014) and Proposition 64 (2016). Simple possession is now usually a misdemeanor, while possession for sale and trafficking remain felonies.
▸ Possession of a Controlled Substance (Health & Safety Code § 11350) possessing drugs such as cocaine or heroin for personal use. A misdemeanor after Prop 47, often eligible for PC 1000 diversion.
▸ Possession of Methamphetamine (Health & Safety Code § 11377) possessing methamphetamine for personal use. A misdemeanor after Prop 47.
▸ Possession for Sale (Health & Safety Code § 11351 / § 11378) possessing controlled substances with intent to sell. A felony carrying two, three, or four years.
▸ Sale or Transportation (Health & Safety Code § 11352 / § 11379) selling or transporting controlled substances for sale. A felony carrying three, four, or five years (up to nine for transport across county lines).
▸ Fentanyl Offenses (Health & Safety Code § 11350 et seq., SB 44) possession or sale of fentanyl, which carries enhanced penalties under recent legislation. Classification depends on quantity and conduct.
▸ Cannabis Cultivation (Health & Safety Code § 11358) growing more than six cannabis plants without a license. A misdemeanor for most adults after Prop 64; a felony for certain prior offenders or where environmental violations occur.
▸ Cannabis Sales/Transport (Health & Safety Code § 11360) unlicensed sale or transport of cannabis. A misdemeanor for most adults; a felony for sales to minors or large operations. Interstate transport is a federal offense.
▸ Possession of Drug Paraphernalia (Health & Safety Code § 11364) possessing items used to consume controlled substances. A misdemeanor.
What Are the Most Common Violent Crime Charges in California?
Violent crimes crimes against a person are defined in the Penal Code, and many are “strikes” under the Three Strikes Law. They range from misdemeanor simple assault to murder.
▸ Simple Assault (Penal Code § 240) an attempt to use force or violence on another person. A misdemeanor.
▸ Battery (Penal Code § 242) actually using force or violence on another person. A misdemeanor; battery causing serious bodily injury (§ 243(d)) is a wobbler.
▸ Assault With a Deadly Weapon (Penal Code § 245(a)) assault with a deadly weapon or by means likely to produce great bodily injury. A wobbler; a serious felony strike when charged as a felony.
▸ Criminal Threats (Penal Code § 422) threatening to seriously harm someone, causing sustained fear. A wobbler; a strike when charged as a felony.
▸ Robbery (Penal Code § 211) taking property from a person by force or fear. A felony and a strike; first-degree robbery carries up to six years.
▸ Kidnapping (Penal Code § 207) moving another person a substantial distance by force or fear. A felony and a strike.
▸ Manslaughter (Penal Code § 192) unlawful killing without malice. Voluntary manslaughter carries three, six, or eleven years; involuntary carries two, three, or four years; vehicular manslaughter varies.
▸ Murder (Penal Code § 187) unlawful killing with malice aforethought. First-degree murder carries 25 years to life; second-degree carries 15 years to life; special circumstances can mean life without parole.
What Are the Most Common Domestic Violence Charges in California?
California domestic violence charges apply to abuse against a spouse, partner, cohabitant, or close family member, and every conviction triggers the federal Lautenberg firearms ban. They range from misdemeanor domestic battery to felony corporal injury.
▸ Corporal Injury to a Spouse/Partner (Penal Code § 273.5) inflicting a physical injury, even minor, on an intimate partner. A wobbler carrying up to four years as a felony.
▸ Domestic Battery (Penal Code § 243(e)(1)) harmful or offensive touching of an intimate partner, even without visible injury. A misdemeanor.
▸ Violating a Protective Order (Penal Code § 273.6) violating the terms of a restraining or protective order. A misdemeanor; can become a felony for repeat or violent violations.
▸ Stalking (Penal Code § 646.9) repeatedly following or harassing someone and making a credible threat. A wobbler.
▸ Child Endangerment (Penal Code § 273a) willfully placing a child in a dangerous situation. A wobbler.
What Are the Most Common Theft and Property Charges in California?
California theft charges turn on the value of the property (the $950 felony threshold) and the type of conduct. Proposition 47 made most low-value theft a misdemeanor.
▸ Petty Theft (Penal Code § 484/488) taking property worth $950 or less. A misdemeanor.
▸ Shoplifting (Penal Code § 459.5) entering an open business intending to steal $950 or less. A misdemeanor after Prop 47; cannot be charged as burglary.
▸ Grand Theft (Penal Code § 487) taking property worth more than $950. A wobbler; felony grand theft carries up to three years.
▸ Burglary (Penal Code § 459) entering a structure intending to commit theft or a felony. First-degree (residential) is a felony and a strike; second-degree (commercial) is a wobbler.
▸ Robbery (Penal Code § 211) taking property directly from a person by force or fear. A felony and a strike.
▸ Carjacking (Penal Code § 215) taking a vehicle from a person by force or fear. A felony and a strike.
▸ Receiving Stolen Property (Penal Code § 496) buying or possessing property known to be stolen. A wobbler.
▸ Vandalism (Penal Code § 594) damaging or defacing property. A misdemeanor under $400 in damage; a wobbler at $400 or more.
What Are the Most Common Weapons Charges in California?
California weapons offenses are defined in the Penal Code and cover carrying, possession, and use of firearms and other weapons. Some are misdemeanors; possession by a prohibited person is a felony.
▸ Carrying a Concealed Weapon (Penal Code § 25400) carrying a concealed firearm on the person or in a vehicle. A wobbler or misdemeanor depending on the circumstances.
▸ Carrying a Loaded Firearm in Public (Penal Code § 25850) carrying a loaded firearm in public. A wobbler or misdemeanor.
▸ Felon in Possession of a Firearm (Penal Code § 29800) possessing a firearm after a felony conviction. A felony.
▸ Assault With a Firearm (Penal Code § 245(a)(2)) assault committed with a firearm. A wobbler; a strike as a felony.
▸ Brandishing a Weapon (Penal Code § 417) drawing or exhibiting a weapon in a threatening manner. Usually a misdemeanor.
What Are the Most Common Sex Offense Charges in California?
California sex offenses are defined in the Penal Code, and many require registration under Penal Code § 290. These are among the most serious charges and demand experienced defense.
▸ Sexual Battery (Penal Code § 243.4) touching an intimate part of another person without consent for sexual purposes. A wobbler.
▸ Indecent Exposure (Penal Code § 314) exposing oneself in public for sexual gratification. A misdemeanor for a first offense; registration may apply.
▸ Rape (Penal Code § 261) non-consensual sexual intercourse. A felony and a strike.
▸ Lewd Acts With a Minor (Penal Code § 288) sexual contact with a child. A felony and a strike, with severe penalties and registration.
▸ Failure to Register (Penal Code § 290) failing to comply with sex offender registration requirements. A wobbler or felony depending on the underlying offense.
What Are the Most Common White Collar and Fraud Charges in California?
White collar offenses involve deception for financial gain and are defined across the Penal Code. Most are wobblers whose classification depends on the amount of loss.
▸ Forgery (Penal Code § 470) falsifying or altering a document or signature to commit fraud. A wobbler.
▸ Embezzlement (Penal Code § 503) taking property that was entrusted to you. Charged as petty or grand theft depending on value; grand theft embezzlement is a wobbler.
▸ Fraud / Insurance Fraud (Penal Code § 550) making false claims for financial benefit. A wobbler or felony depending on the scheme and amount.
▸ Elder Financial Abuse (Penal Code § 368) financially exploiting an elder or dependent adult. A wobbler.
▸ Identity Theft (Penal Code § 530.5) using another person's personal information for fraud. A wobbler.
▸ Writing Bad Checks (Penal Code § 476a) writing checks with insufficient funds and intent to defraud. A misdemeanor under $950; a wobbler above.
What Are the Most Common Public Order Charges in California?
Public order offenses cover conduct that disturbs public peace or obstructs justice. Most are misdemeanors or infractions.
▸ Resisting Arrest (Penal Code § 148) resisting, delaying, or obstructing an officer lawfully performing their duties. A misdemeanor.
▸ Disturbing the Peace (Penal Code § 415) fighting, unreasonable noise, or offensive words in public. A misdemeanor or infraction.
▸ Public Intoxication (Penal Code § 647(f)) being so intoxicated in public that you cannot care for your safety or that of others. A misdemeanor.
▸ Trespassing (Penal Code § 602) entering or remaining on property without permission. Usually a misdemeanor.
▸ Probation Violation (Penal Code § 1203.2) violating the terms of probation. Can result in additional penalties or revocation, not a separate crime.
▸ Contempt of Court (Penal Code § 166) disobeying a court order. A misdemeanor.
Can a California Felony Be Reduced to a Misdemeanor?
Yes many California felonies classified as “wobblers” can be reduced to misdemeanors under Penal Code § 17(b), and certain drug and theft felonies can be reclassified under Proposition 47. A reduction can restore rights, improve employment and licensing prospects, and reduce immigration consequences. Eligibility depends on the specific offense and how the case was resolved. Separately, a completed conviction may later be dismissed (expunged) under Penal Code § 1203.4. An attorney can evaluate which forms of relief apply to a specific record.
Frequently Asked Questions
What is the difference between a misdemeanor and a felony in California?
A misdemeanor is punishable by up to six months or, for some offenses, up to one year in county jail, plus fines and probation. A felony is punishable by more than one year in custody, often in state prison, and can carry lasting consequences such as loss of firearm rights and, for some offenses, a “strike” under the Three Strikes Law. Between the two sits the “wobbler” an offense a prosecutor may charge as either a misdemeanor or a felony based on the facts and the defendant's record.
What is a wobbler offense in California?
A wobbler is a California offense that can be charged as either a misdemeanor or a felony. The prosecutor decides how to charge it based on the severity of the conduct and the defendant's criminal history, and a judge can also reduce a felony wobbler to a misdemeanor under Penal Code § 17(b), often after successful completion of probation. Common wobblers include grand theft (PC 487), assault with a deadly weapon (PC 245), and corporal injury to a spouse (PC 273.5).
What are “strike” offenses in California?
Strike offenses are serious or violent felonies listed under California's Three Strikes Law (Penal Code §§ 667 and 1192.7). A first strike counts on a person's record; a second strike doubles the sentence on a new felony; and a third strike can result in 25 years to life. Common strikes include robbery, residential burglary, assault with a deadly weapon (as a felony), criminal threats (as a felony), and most sex offenses and homicides. Because of these consequences, avoiding a strike is often a central goal of defense.
Which California crimes are eligible for diversion?
California offers several diversion programs that can lead to dismissal without a conviction. Common examples include PC 1000 drug diversion for simple possession, mental health diversion under PC 1001.36, and misdemeanor diversion under PC 1001.95. Domestic violence cases have their own diversion under PC 1000.6. Eligibility depends on the charge, the facts, and the defendant's history, and successful completion typically results in a full dismissal.
This list covers the most common California criminal charges, but it is not exhaustive, and the classification or penalty for any charge can change based on the specific facts, prior convictions, and sentencing enhancements. It is general information, not legal advice.
For detailed guides on specific charges and defenses, visit The Bulldog Law criminal defense blog. To discuss a specific charge, you can reach The Bulldog Law at (888) 928-1609.