It depends on the charge. The Los Angeles City Attorney prosecutes misdemeanors and infractions committed inside the City of Los Angeles, while the Los Angeles County District Attorney prosecutes felonies countywide and misdemeanors in unincorporated areas and most other cities in the county. Which office has your case can affect what programs might be available.

Why are there two prosecutors in Los Angeles County?

California law makes the district attorney each county's general public prosecutor, but it also lets some cities prosecute their own misdemeanors instead.

Government Code 26500 states the general rule: "The district attorney is the public prosecutor, except as otherwise provided by law," and that the public prosecutor "within his or her discretion shall initiate and conduct on behalf of the people all prosecutions for public offenses." One exception is Government Code 41803.5(a): "With the consent of the district attorney of the county, the city attorney of any general law city or chartered city within the county may prosecute any misdemeanor committed within the city arising out of violation of state law." Government Code 72193 separately sets the powers of a city prosecutor whose city's charter charges it, when authorized by law, with prosecuting misdemeanors under state law. Both offices' own pages place misdemeanors committed in the City of Los Angeles with its City Attorney's office.

What does the Los Angeles City Attorney prosecute?

The City Attorney's Criminal Branch prosecutes misdemeanors and infractions committed inside the Los Angeles city limits, while felonies there go to the District Attorney.

The office's own description of its Criminal Branch states that it "prosecutes criminal misdemeanors and infractions committed within the City limits," working with the Los Angeles Police Department and other agencies on "a broad range of criminal offenses including domestic violence, driving under the influence, firearms, environmental, animal cruelty, theft and vandalism." The City Attorney is described on the office's own about page as "the City's chief prosecutor," overseeing "the prosecution of misdemeanors and the administration of criminal justice, including alternatives to incarceration" within Los Angeles.

What does the Los Angeles County District Attorney prosecute?

The District Attorney prosecutes felonies throughout the county and misdemeanors everywhere except the City of Los Angeles and nine other listed cities.

The District Attorney's own office FAQ answers this directly: "The Los Angeles County District Attorney's Office prosecutes felony crimes throughout Los Angeles County and misdemeanor crimes in unincorporated areas of the county and in all cities except Burbank, Hawthorne, Hermosa Beach, Inglewood, Long Beach, Los Angeles, Pasadena, Redondo Beach, Santa Monica and Torrance." Those ten cities, including Los Angeles, prosecute their own misdemeanors through their own city attorney or city prosecutor offices instead of the County District Attorney.

Caption: which office typically prosecutes a case, by charge level and place, from the District Attorney's and City Attorney's own descriptions of their jurisdiction.

Case type Who typically prosecutes it
Felony, anywhere in Los Angeles County Los Angeles County District Attorney
Misdemeanor committed inside the City of Los Angeles Los Angeles City Attorney's Criminal Branch
Misdemeanor in an unincorporated area of the county Los Angeles County District Attorney
Misdemeanor in Burbank, Hawthorne, Hermosa Beach, Inglewood, Long Beach, Pasadena, Redondo Beach, Santa Monica, or Torrance That city's own city attorney or city prosecutor

Why does it matter which office has your case?

The office prosecuting a misdemeanor can affect which pretrial programs are on the table, since the City Attorney runs its own diversion program outside the courtroom.

Felony charges anywhere in Los Angeles County go to the District Attorney, which says it prosecutes felonies throughout the county. A misdemeanor charged inside the City of Los Angeles goes through the City Attorney's office, which runs its own pre-filing and diversion programs, such as its Neighborhood Justice Program. The firm's guide to the City Attorney's pre-filing diversion programs covers how those programs work and who the office considers eligible. A misdemeanor charged in one of the other nine cities listed above goes through that city's own prosecutor, which may run different programs again.

Frequently asked questions

Can the City Attorney prosecute a felony?

No. The City Attorney's Criminal Branch prosecutes misdemeanors and infractions inside the city limits; felony charges go to the County District Attorney.

What if I am not sure which office filed my case?

Call the clerk of the court named on your citation or notice to appear, which lists the court and your date, and ask which office filed the case.

Does a wobbler charge change which office prosecutes it?

Yes, potentially. A wobbler can be charged as either a felony or a misdemeanor. If it is charged as a felony, the District Attorney prosecutes it; if it is charged as a misdemeanor inside Los Angeles, the City Attorney does.

No. The District Attorney's own FAQ says its employees are prohibited by law from answering legal questions or offering legal advice, so questions about your defense belong with your own lawyer.

Does this split apply outside Los Angeles County?

The specific list of cities that prosecute their own misdemeanors is particular to Los Angeles County. Other counties have their own arrangements between the district attorney and any city prosecutors, under the same Government Code framework.

Talk to a lawyer

The Law Offices of David S. Chesley offers a free consultation, is available 24/7, and offers payment plans. Se habla español. Call (800) 755-5174 or use the contact page to talk about which office has your case and what that means for the next step.