A crime that is less serious than a felony, but more serious than an infraction, is called a misdemeanor. A misdemeanor is defined as any crime that is punishable by up to 365 days in the county jail as opposed to the State Prison System.

Some crimes, commonly called “wobblers,” can be charged as either misdemeanors or felonies. This means that the prosecution can decide, based on the seriousness of the criminal conduct, whether to seek to punish the defendant with over one year in State Prison with a felony charge, or whether to seek only misdemeanor penalties.

Possible Consequences of a Misdemeanor

Participation in licensed professions, such as being a doctor, teacher, nurse, or even a motor vehicle salesperson, can be profoundly impacted by misdemeanor convictions. Any convictions may subject the license holder to professional discipline. But, if a person has forward-thinking legal representation, he or she often will, with some care in the application process, be able to practice in his or her chosen profession despite a misdemeanor conviction.

Misdemeanor crimes are not counted as "strikes" under California’s Three Strikes Law. However, if a person has already been convicted of two felonies, a crime that would normally be charged as a misdemeanor could potentially be considered the "third strike" offense, which could result in a mandatory 25 year to life prison sentence.

Some Commonly Charged Misdemeanor Crimes Are:

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