Getting a call that says "you've been charged with a crime" is one of the scariest things anyone can hear. Most people don't know what that really means, or what happens next. So let's break it down clearly, in plain language, so you understand exactly what a criminal charge is, who has the power to file one, and what the most common types look like.
What Is a Criminal Charge?
A criminal charge is a formal legal accusation that a person committed a crime. It is brought by the government, not by the victim, not by the police, to begin a criminal prosecution.
When a prosecutor believes there is enough evidence that someone broke the law, they file a charging document that names the specific offense and the law allegedly violated. The charge tells you exactly what crime is being alleged and which statute was broken, for example, California Penal Code § 240 for assault.
Here's something really important to understand: a criminal charge is not a conviction. It is an allegation. The person charged is presumed innocent, and the government must prove every element of the crime beyond a reasonable doubt before anything changes. Many charges are reduced, dismissed, or end in acquittal. Being charged simply means a case has started, nothing more.
In California, charges are filed in one of three ways: a criminal complaint (the most common method, used for misdemeanors and to start felony cases), an information (filed after a preliminary hearing in a felony case), or a grand jury indictment.
If you or someone you know is facing a charge in California, The Bulldog Law's criminal defense team is here to help you understand your options right away.
Who Can File Criminal Charges?
This is one of the most misunderstood things in criminal law, and honestly, I've seen a lot of confusion about it even among people who've been through the system before.
Only a government prosecutor can file criminal charges. Not the victim. Not the police. Here's how it actually works:
The Prosecutor Decides. In California, the District Attorney handles state crimes. The U.S. Attorney handles federal crimes. Either way, these are the people with the power to decide whether to file charges, what to charge, and whether to later drop or change those charges. They review the evidence and make the call.
The Victim Cannot "Press Charges." This surprises people. When someone says a victim "pressed charges," that's not legally accurate. A victim can report a crime and share their wishes with the prosecutor. But the final charging decision belongs entirely to the prosecution. This is why some cases, especially domestic violence cases, move forward even when the victim asks for them to be dropped.
Police Investigate, But Do Not Charge. Law enforcement can arrest you and build a case against you, but they refer it to the prosecutor. The prosecutor then decides what, if anything, to actually charge.
Understanding this distinction matters a lot, especially if you're wondering why a case is still moving forward even though the alleged victim changed their mind.
What Is the Difference Between a Misdemeanor and a Felony Charge?
Not all criminal charges are the same. The most important divide is between a misdemeanor and a felony, and the difference has major consequences for your life.
A misdemeanor is a less serious charge. It is punishable by up to one year in county jail. Think of things like simple assault, petty theft, or first-time drug possession for personal use.
A felony is more serious. It typically carries more than a year in custody, often in state prison rather than county jail. Felonies can also strip you of rights, like the right to own a firearm or vote in some situations.
Then there's the in-between: the "wobbler." A wobbler is an offense that the prosecutor can charge as either a misdemeanor or a felony, depending on the facts of the case and the defendant's criminal record. This gives the prosecution flexibility, and it means the same action can lead to very different outcomes depending on how the case is handled.
The level of a charge matters just as much as the charge itself. It determines the potential penalties, the court process, and the long-term impact on your record.
What Is an Assault Criminal Charge?
Assault is one of the most common charges people search for, and one of the most misunderstood. A lot of people think assault means physically hitting someone. In California, that's actually battery, not assault.
Under California Penal Code § 240, simple assault is defined as an attempt to commit a violent injury on another person. You don't have to actually touch them. An attempt, with the present ability to carry it out, is enough to be charged.
Simple assault is a misdemeanor. But things get much more serious from there.
Assault with a Deadly Weapon under Penal Code § 245(a) is a classic wobbler, it can be charged as a misdemeanor or a felony depending on the circumstances. If charged as a felony, it can count as a strike under California's Three Strikes law. Whether the object in question actually counts as a "deadly weapon" under the law is often the central issue in these cases. Everyday objects, a bottle, a bat, even a car, can qualify under the right circumstances.
The difference between a misdemeanor and a felony assault charge often comes down to the specific facts: what was used, what was said, and who was involved. This is exactly the kind of case where having an experienced attorney matters. The Bulldog Law's assault and battery defense page walks through how these cases are typically handled in California.
What Is a Criminal Conspiracy Charge?
A criminal conspiracy charge catches people off guard because you can be charged even if the crime was never actually carried out.
Under California Penal Code § 182, conspiracy requires two things: (1) an agreement between two or more people to commit a crime, and (2) at least one "overt act" by any one of them in furtherance of that agreement. The overt act doesn't have to be the crime itself, it could be something as small as buying supplies or making a phone call.
The crime the group planned doesn't have to be completed. The agreement plus one step toward it is enough.
What makes conspiracy charges particularly serious is how far the prosecution's reach extends. Everyone involved in the plan can be charged, not just the person who actually carried it out. And conspiracy is generally punished the same as the underlying crime. So if you conspired to commit a felony, the conspiracy itself is treated as a felony.
At the federal level, conspiracy is charged under 18 U.S.C. § 371. Federal conspiracy charges are often used in white-collar cases, drug trafficking cases, and organized crime prosecutions.
You can read more about how these charges work on The Bulldog Law's dedicated page on criminal conspiracy charges.
Is Drug Possession a Felony in California?
This one changed significantly in recent years, and it's worth knowing where things actually stand.
Before 2014, many drug possession offenses in California were felonies. Then voters passed Proposition 47, which changed the landscape significantly. According to the California Courts self-help resource on Proposition 47, simple drug possession, with no intent to sell or transport, under Health and Safety Code sections 11350, 11357(a), or 11377 was reclassified as a misdemeanor.
So today, if someone is caught with a small amount of a controlled substance for personal use, that's typically a misdemeanor, not a felony. And first-time offenders may qualify for PC 1000 diversion, a program that, if completed successfully, can end the case without a conviction on your record.
However, the picture changes fast when sales are involved. Possession for sale under Health and Safety Code § 11351 is still a felony. Sale or transportation of a controlled substance under § 11352 is also a felony. These are serious charges that carry significant penalties.
So the short answer is: it depends entirely on the type of drug charge. Simple possession is usually a misdemeanor. Anything involving sale, transportation, or trafficking is a different story. The Bulldog Law's drug crimes defense page explains the different charge types and how they are defended in California.
If you've been charged with drug possession and you're not sure whether it's a misdemeanor or felony, it's worth understanding the factors that affect that classification. The Bulldog Law blog has a useful piece on 4 important details that influence drug possession charges that breaks this down further.
Also worth noting: as reported by the California Courts newsroom, courts received more than 200,000 petitions for resentencing or reclassification in the first 13 months after Proposition 47 passed, a sign of just how many people were affected by the reclassification of drug offenses.
If you're facing a drug charge right now, don't guess where your case falls. The details matter, and getting the right legal help early can make a real difference in how the case plays out.
What Happens After a Criminal Charge Is Filed?
A lot of people focus on the charge itself and forget to ask: what comes next?
Once a charging document is filed, the accused is typically given a court date for an arraignment, where the charge is formally read and you enter a plea. You can plead not guilty, guilty, or no contest. Pleading not guilty at this stage does not mean you're claiming you did nothing wrong. It simply means you are asking the government to prove its case.
From there, the case moves through various stages: discovery (where both sides exchange evidence), possible preliminary hearings in felony cases, pretrial motions, and potentially a trial or a plea agreement. Most criminal cases are resolved before they ever reach trial.
Throughout this process, the accused has constitutional rights, including the right to an attorney, the right to remain silent, and the right to confront witnesses. These rights exist for a reason, and exercising them early can significantly affect the outcome.
Frequently Asked Questions
Does being charged with a crime mean you are guilty?
No. A criminal charge is only an accusation, not a conviction. The accused is presumed innocent under the law, and the government must prove every element of the charge beyond a reasonable doubt before there can be a conviction. Many charges are reduced, dismissed, or result in acquittal. Being charged means a case has begun, not that guilt has been established.
Can a victim drop criminal charges in California?
No. In California, the prosecutor, not the victim, has the authority to file and drop criminal charges. A victim can report a crime and share their wishes with the District Attorney. But the charging decision belongs entirely to the prosecution. This is why some cases, especially domestic violence cases under a "no-drop" policy, proceed even when the victim asks that they be dismissed.
Is a criminal conspiracy charge a felony?
It depends on the crime that was the object of the conspiracy. Under California Penal Code § 182, conspiracy is generally punished the same way as the underlying crime the group agreed to commit. So a conspiracy to commit a felony is treated as a felony, and a conspiracy to commit a misdemeanor is treated as a misdemeanor. The agreement plus one overt act by any conspirator is enough, the planned crime need not be completed.
What is the difference between assault and battery in California?
Assault under Penal Code § 240 is an attempt to commit a violent injury, physical contact is not required. Battery under Penal Code § 242 is the actual use of force against another person. You can be charged with one, the other, or both depending on what happened. The distinction matters because they carry different penalties and defenses.
What is a "wobbler" charge in California?
A wobbler is an offense that can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant's prior record. The prosecutor decides which way to charge it. Common wobblers include assault with a deadly weapon and certain drug offenses. Because the prosecutor has discretion, an experienced defense attorney can sometimes influence which direction the charge goes.
Understanding a criminal charge, what it is, who filed it, and how serious it is, is the first step in responding to one.
This article is general information, not legal advice. The classification and consequences of any charge depend on the specific facts of your situation.
For 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.