Criminal offenses may be charged as either an infraction, misdemeanor or felony. The prosecutor's determine the final charge after a consideration of the person's criminal history and the specific facts of the case. Sections of the criminal code that have the autonomy of being charged as either an infraction, misdemeanor or felony are referred to as wobblers.

A case in which a person has been convicted previously of a felony and is currently facing new charges for similar offenses will most likely be tried as a felony. In most cases where person or property is injured as a result of the offense, it will be a felony. The severity of the injury will have an impact on the case. For example, if there are minor injuries, scratches and bruises, the case may still be considered as a misdemeanor. However, if there is internal injuries, or broken bones the case will most likely be a felony. When there is little or no damage to property, simple scratches then it will be considered a misdemeanor in cases like Hit and Run. If property is completely destroyed, or someone's vehicle is totaled, the case will be a felony.

In comparison, a misdemeanor is often the charge when there is no previous criminal record, little or no minimal injury to person or property. Misdemeanor charges do not have as severe as potential consequences as felony cases. Felony convictions often include mandatory jail time, higher fines and extended probation. The majority of misdemeanor cases does not require jail time and offer more room to negotiate a lower sentence. Those that have jail sentences are typically less than those for felony convictions and are often served in local jails and not state prisons.

Many misdemeanor charges can also be filed as felonies if circumstances warrant the prosecutor to do so. Fortunately, a powerful argument prepared by a Los Angeles Criminal Defense attorney can assure that the charges remain a misdemeanor.