FAQ #18: What is the Difference Between a Felony and a Misdemeanor?

FAQ #18: What is the Difference Between a Felony and a Misdemeanor?

The difference between what is a misdemeanor and what is a felony is the seriousness of the crime or as defined by statute, the California legislator. If you have one DUI that can be a misdemeanor, if you go up to four or five, you can get into being accused of a felony. With domestic violence situations, that depends on really what is the extent of the injuries and how offensive is the behavior.

If you are touching your spouse or partner and you just push them off, or you kick and it hits them. Or you throw an object at them and it lands on them, even if you didn't intend to hit them, or if you threw the object in their general direction and it caused an injury, that can still be considered domestic violence. If it bounces off the shoulder of your spouse and leaves a bruise, that may be considered a misdemeanor. If you throw a chair and it dislocates the shoulder of your spouse, that's going to be considered a felony. In the end, it all depends on the context.


At Newman & Allen, we handle both felony and misdemeanor cases. Give us a call and we can help.

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