California law distinguishes between misdemeanors and felonies based on the severity of the crime and the potential penalties. While misdemeanors carry lighter sentences, certain factors can escalate them to felonies, significantly increasing the legal consequences. A misdemeanor can become a felony due to aggravating circumstances, such as the presence of a weapon, prior criminal history, or the severity of harm inflicted on a victim. Knowing how these factors come into play can help individuals facing charges navigate the legal process and potentially mitigate the severity of their case.
What Is the Difference Between Misdemeanors and Felonies?
Under California law, the primary difference between a misdemeanor and a felony is the severity of the penalties.
- Misdemeanors: These are less serious offenses that carry penalties of up to one year in county jail, fines, probation, or community service. Examples include petty theft, DUI without injury, simple assault, and trespassing.
- Felonies: These are serious crimes that carry harsher penalties, including prison sentences of more than one year, substantial fines, and a permanent criminal record that can affect employment and civil rights. Examples include violent crimes, certain drug offenses, and white-collar fraud involving large sums of money.
- Wobblers: Some crimes fall into a gray area and can be charged as either a misdemeanor or a felony based on the circumstances. These offenses, known as “wobblers,” give prosecutors discretion in determining how to charge a defendant.
Common Circumstances That Can Elevate a Misdemeanor to a Felony
While misdemeanors are considered less serious and typically result in lower penalties, certain circumstances can escalate them to felonies, leading to harsher punishments, including longer incarceration, steeper fines, and lasting consequences on an individual’s criminal record. Some of the most common circumstances that may elevate a misdemeanor into a felony include:
1. Repeat Offenses and Prior Convictions
A defendant’s prior criminal history plays a significant role in determining whether a misdemeanor is elevated to a felony. Courts and prosecutors consider a pattern of repeated offenses as an indication of continued criminal behavior, leading to enhanced charges and penalties.
For example:
- Multiple DUI convictions: A first or second DUI is typically a misdemeanor. However, if a defendant has three or more DUI convictions within a ten-year period, the fourth offense is automatically charged as a felony under California Vehicle Code § 23550.
- Repeated domestic violence offenses: A first-time domestic battery charge may be a misdemeanor, but if the defendant has prior convictions for domestic violence, the new charge can be elevated to a felony under California Penal Code § 273.5.
Additionally, under California’s Three Strikes Law, repeat offenders with two prior serious or violent felony convictions can face life imprisonment if they commit another felony, even if the latest offense would have otherwise been classified as a misdemeanor.
2. The Use of Violence or a Deadly Weapon
The presence of violence or a weapon in the commission of a misdemeanor offense often results in felony charges. Even if an individual did not intend to cause serious harm, California law treats violent acts and weapon involvement as serious aggravating factors.
Common scenarios include:
- Assault and battery cases: A simple assault charge (misdemeanor) can be upgraded to aggravated assault (felony) if a weapon is used or if the victim sustains serious injuries.
- Brandishing or using a weapon: Under Penal Code § 417, brandishing a firearm or deadly weapon in a threatening manner can elevate a simple misdemeanor offense to a felony, particularly if the weapon is used to intimidate or harm another person.
- Robbery or theft with a weapon: A shoplifting charge may remain a misdemeanor, but if the suspect is armed during the crime, it can lead to felony armed robbery charges.
3. The Severity of Injuries to Victims
When a misdemeanor offense results in serious bodily harm to a victim, prosecutors often seek felony charges. The legal standard for elevating charges depends on the extent of the injuries and whether they meet California’s definition of “great bodily injury.”
- Great bodily injury: Defined under Penal Code § 12022.7 as “significant or substantial physical injury.” This may include broken bones, deep lacerations, or injuries requiring extensive medical treatment.
- Substantial bodily harm: While not always a felony by itself, this term is often used to justify harsher sentencing.
Examples of escalation:
- A simple battery charge (misdemeanor) becomes a felony aggravated battery if the victim suffers broken bones or internal injuries.
- Domestic violence cases can be upgraded to felonies if the victim requires hospitalization or suffers long-term physical harm.
- A standard DUI may be a misdemeanor, but if the driver causes an accident that leads to serious injury, it becomes a felony under Vehicle Code § 23153.
4. Criminal Intent and Aggravating Factors
The intent behind a crime can significantly impact whether an offense remains a misdemeanor or is elevated to a felony. If a prosecutor can prove that a defendant acted with intent to commit serious harm, deceive, or defraud, the charges may be enhanced.
Key aggravating factors include:
- Committing a crime while on bail or parole: If an individual commits a misdemeanor while already facing charges or serving a sentence for another offense, prosecutors are more likely to pursue felony charges.
- Premeditation: Crimes committed with planning and deliberate intent, rather than impulsively, are more likely to be classified as felonies. For example, a person who intentionally plans and executes a fraudulent scheme involving stolen credit cards may be charged with felony fraud, even if a first-time offender engaging in minor credit card misuse might face a misdemeanor.
5. Involvement in Gang-Related or Organized Criminal Activity
California has strict laws that enhance penalties for crimes committed in connection with gang activity or organized crime.
- Gang enhancements under Penal Code § 186.22: If a person commits a misdemeanor on behalf of or in association with a gang, the charge can be upgraded to a felony.
- Drug-related offenses: A misdemeanor drug possession charge can escalate to a felony if the defendant is found to be involved in drug distribution as part of an organized group.
- Financial crimes: White-collar offenses, such as check fraud or identity theft, may be misdemeanors for first-time offenders, but if they involve a large network of individuals or significant financial losses, they can be prosecuted as felonies.
The consequences of gang involvement in a criminal act can lead to additional years in prison, higher fines, and stricter parole conditions upon release.
6. Crimes Against Vulnerable Victims
California law imposes harsher penalties for crimes committed against particularly vulnerable individuals, including children, elderly individuals, and disabled persons.
Examples include:
- Child endangerment: A misdemeanor charge of child neglect can escalate to a felony if the child is placed in significant danger or sustains injuries.
- Elder abuse: Under Penal Code § 368, financial fraud or physical harm directed at an elderly person can result in felony charges, especially if the victim suffers severe losses or injuries.
- Sex crimes against minors: Even if an offense involving a minor is initially categorized as a misdemeanor (e.g., indecent exposure or lewd conduct), it can quickly escalate to a felony depending on the severity of the act.
In many cases, crimes against vulnerable individuals carry mandatory sentencing enhancements, meaning convicted defendants face significantly increased prison time.
Specific Crimes That Can Be Charged as Either a Misdemeanor or Felony (“Wobblers”)
Many crimes in California fall under the wobbler classification, allowing prosecutors to assess the severity of the offense and determine whether a felony or misdemeanor charge is appropriate. Some of the most common wobblers include:
- Domestic Violence (Penal Code § 273.5): In domestic violence cases, a misdemeanor charge typically applies if the injuries are minor or if it is a first-time offense. A felony charge is more likely if the victim suffered significant bodily harm, the defendant has a prior history of domestic violence, or there were aggravating factors such as the presence of children during the incident.
- DUI with Injury (Vehicle Code § 23153): A misdemeanor DUI with injury may be charged if the injuries are minor, and the defendant has no prior DUI history. A felony DUI with injury can be charged if the injuries are serious, if the defendant has prior DUI convictions, or if other aggravating factors are present (such as excessive speeding or reckless driving).
- Grand Theft (Penal Code § 487): Grand theft applies when the stolen property is valued at $950 or more, and it can be charged as either a felony or a misdemeanor depending on the circumstances. A felony charge is more likely in cases involving high-value property, stolen firearms, or theft from an employer.
- Second-Degree Burglary (Penal Code § 459): Burglary involves unlawfully entering a structure with the intent to commit theft or another crime inside. It is a wobbler and can be charged as a misdemeanor if the crime is relatively minor (e.g., shoplifting from a store after hours). However, if the burglary involves a large-scale theft or forced entry, it is more likely to be charged as a felony.
- Vandalism (Penal Code § 594): Vandalism, or willful destruction of property, is another common wobbler offense. A misdemeanor vandalism charge applies if the damage is less than $400. A felony vandalism charge may be pursued if the property damage exceeds $400, if the defendant has prior vandalism convictions, or if the act was gang-related.
When to Contact a Criminal Defense Attorney
If you are facing criminal charges that could be elevated to a felony, legal representation is crucial. A skilled criminal defense attorney can evaluate your case, develop a strong defense, and fight to keep the charges at a misdemeanor level or get them dismissed.
A misdemeanor charge in California can quickly escalate to a felony under the right circumstances. Whether due to prior offenses, the presence of weapons, or the severity of harm caused, understanding these factors can help individuals navigate their legal situation. If you or a loved one is facing criminal charges, contact the Law Offices of M. Gabriela Guraiib for a consultation to protect your rights and explore your legal options.
