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What An Offense Level Means

Penal Code 17 — felony, misdemeanor or infraction, and the wobbler in between

A felony in California is a crime punishable by death, state prison, or county jail under the realignment statute. Every other crime is a misdemeanor, except offenses classified as infractions.

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ClassPunishment when no other is set
ClassFelonyPunishment when no other is set16 months, or two or three years
ClassMisdemeanorPunishment when no other is setUp to six months in county jail, a fine up to $1,000, or both
ClassInfractionPunishment when no other is setA fine up to $250

Wobblers. A crime punishable either way, in the court's discretion, becomes a misdemeanor for all purposes in the cases the section lists, among them a judgment imposing something other than prison, a declaration when probation is granted, or the prosecutor charging it as a misdemeanor.

Sources for this section (4)
  1. Penal Code 17 — Felonies, misdemeanors and infractions defined
  2. Penal Code 18 — Punishment for a felony when none is prescribed
  3. Penal Code 19 — Punishment for a misdemeanor when none is prescribed
  4. Penal Code 19.8 — Punishment for an infraction

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.

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