The California Criminal Process & How Charges Are Classified
California crimes are infractions, misdemeanors, or felonies (Penal Code § 16). A felony is punishable by death, state prison, or county jail under PC § 1170(h); everything else is a misdemeanor unless an infraction (§ 17(a)). 'Wobblers' can be charged either way (§ 17(b)). All cases are heard in the unified Superior Court, and a felony moves through arraignment, preliminary hearing, and trial.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice, and California penalties are amendment-prone — confirm the current numbers against the statute and talk to a California attorney.
Understanding how a charge is classified — and how a case moves — helps you know what’s at stake.
How crimes are classified
Under Penal Code § 16, California crimes are infractions, misdemeanors, and felonies. A felony is punishable by death, state prison, or county jail under PC § 1170(h); every other crime is a misdemeanor unless it’s an infraction (PC § 17(a)). Infractions are the least serious — typically punishable by fine, with no jail.
Wobblers
Some offenses are “wobblers” (PC § 17(b)): they can be charged as either a felony or a misdemeanor, and the court has authority to treat them as misdemeanors in defined circumstances. Whether a wobbler is filed as a felony often shapes the entire case.
The unified Superior Court
All trial cases are heard in the Superior Court. California unified its trial courts, eliminating the separate municipal courts — unification was authorized by Proposition 220 in June 1998 and completed statewide by 2001.
The basic felony process
A standard felony case moves through arraignment, a preliminary hearing, and trial. Throughout, you have the right to counsel (appointed if you can’t afford one), the presumption of innocence, and the State must prove guilt beyond a reasonable doubt.
For specific charges, see DUI, drug charges, theft, and assault & battery, or return to the criminal defense hub. To get matched with a local California attorney, connect with a lawyer.
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Start your free intakeFrequently asked questions
- What are the categories of crimes in California?
- Infractions, misdemeanors, and felonies (Penal Code § 16). A felony is punishable by death, state prison, or county jail under PC § 1170(h); every other crime is a misdemeanor unless it's an infraction (§ 17(a)).
- What is a 'wobbler'?
- A wobbler is an offense that can be charged as either a felony or a misdemeanor. Under Penal Code § 17(b), the court can treat a wobbler as a misdemeanor in defined circumstances.
- Which court hears criminal cases in California?
- All trial cases are heard in the Superior Court. California unified its trial courts, eliminating separate municipal courts — authorized by Proposition 220 in 1998 and completed statewide by 2001.
Sources
Related guides
- California Assault & Battery Charges In California, assault (Penal Code § 240) is an unlawful attempt with present ability to injure — no contact required — while battery (§ 242) is any willful, unlawful use of force on another. Simple battery is a misdemeanor (§ 243); domestic battery under § 243(e)(1) carries enhanced consequences. Assault with a deadly weapon (§ 245(a)(1)) is a wobbler — confirm current fine and jail figures.
- California Drug Charges In California, simple possession under Health & Safety Code §§ 11350 and 11377 is generally a misdemeanor for most defendants — a change made by Proposition 47 (2014). Possession for sale (§ 11351) and transportation/sale (§ 11352) remain felonies. Proposition 64 (2016) legalized adult-use cannabis. Proposition 36 (2024) created a new treatment-mandated felony for repeat hard-drug possession — confirm current statute.
- California DUI Charges California DUI law (Vehicle Code § 23152) makes it illegal to drive under the influence or with a BAC of 0.08% or more — 0.04% for commercial and for-hire drivers, and 0.01% for drivers under 21 (§ 23136). Implied consent (§ 23612) means refusing a chemical test after a lawful arrest triggers DMV penalties. A 4th DUI within 10 years (§ 23550) is felony-eligible — confirm current penalties.
- California Theft Charges California defines theft in Penal Code § 484. Petty theft (§ 488) covers $950 or less and is generally a misdemeanor after Proposition 47 (2014) under PC § 490.2; grand theft (§ 487) applies above $950 or to certain property regardless of value. Proposition 36 (2024) partially rolled back Prop 47, allowing a felony for someone with two or more prior theft convictions — confirm current statute.