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.
| Class | Punishment when no other is set |
|---|---|
| ClassFelony | Punishment when no other is set16 months, or two or three years |
| ClassMisdemeanor | Punishment when no other is setUp to six months in county jail, a fine up to $1,000, or both |
| ClassInfraction | Punishment 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)
- Penal Code 17 — Felonies, misdemeanors and infractions defined
- Penal Code 18 — Punishment for a felony when none is prescribed
- Penal Code 19 — Punishment for a misdemeanor when none is prescribed
- 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.