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It is considered a "wobbler". The district attorney can file either felony or misdemeanor. If a person is sentenced with a felony and does NOT serve State Prison sentence and only county jail time, it is a MISDEMEANOR after the probation time has been served. This is according to 17 (B) 1 of the California Penal Code. If a person is sentenced to prison, then it is charged FELONY with a FELONY conviction. Thank you.

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Q: California Penal Code Section 245 Paragraph a Subparagraph 1 is a felony?
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