Misdemeanors

In California, criminal offenses are divided into three main categories: infractions, misdemeanors, and felonies. While infractions involve minor violations (like traffic tickets), and felonies represent the most serious crimes, misdemeanors sit in the middle of this spectrum. They are less severe than felonies but can still have significant consequences, including jail time, fines, and a criminal record. It is essential to retain a skilled attorney like Mirta C. Fuguet, who understands the nature of misdemeanors in California, their penalties, their defenses, and how they are prosecuted.

What is a Misdemeanor?

Under California law, a misdemeanor is a criminal offense punishable by up to one year in county jail, a fine of up to $1,000, or both. Misdemeanors are governed by the California Penal Code and are considered more serious than infractions but less severe than felonies, which carry sentences exceeding one year.

Examples of Common Misdemeanors in California

The California Penal Code outlines a wide range of offenses classified as misdemeanors. Here are some common examples:

  • Petty Theft (Penal Code 484 & 488): Theft of property valued under $950.
  • DUI (Vehicle Code 23152(a) and 23152(b)): Driving under the influence of alcohol or drugs.
  • Simple Assault (Penal Code 240): An unlawful attempt to inflict an injury on another person.
  • Battery (Penal Code 242): Willful and unlawful use of force or violence against another person.
  • Trespassing (Penal Code 602): Entering someone’s property without permission.
  • Public Intoxication (Penal Code 647(f)): Being under the influence of drugs or alcohol in a public space to the extent of posing a danger to oneself or others.
  • Vandalism (Penal Code 594): Defacing, damaging, or destroying property.

While many of these offenses are misdemeanors by default, certain aggravating factors (such as repeat offenses or the use of weapons) can lead to harsher penalties or reclassification as felonies.

Penalties for Misdemeanors in California

California law provides general sentencing guidelines for misdemeanors. Penalties may include:

COUNTY JAIL SENTENCE – Misdemeanor offenses carry a maximum sentence of up to one year in county jail.

FINES – A misdemeanor conviction can result in fines up to $1,000. However, certain offenses may carry higher fines depending on the circumstances.

PROBATION – Defendants may be placed on summary (informal) probation, which allows them to avoid jail time if they meet specific conditions. This may include work release, community service, attending classes (e.g., anger management or DUI education programs), and avoiding further legal trouble.

RESTITUTION- In cases involving property damage or theft, the court may require the defendant to pay restitution to the victim.

The penalties may vary depending on the circumstances of the case, the defendant’s prior criminal record, and whether the offense involved aggravating factors (e.g., violence, injuries, or repeat offenses).

Wobbler Offenses: Misdemeanor or Felony?

California law also recognizes certain crimes as “wobblers,” meaning they can be prosecuted as either misdemeanors or felonies, depending on the circumstances. Factors such as the defendant’s criminal history, the severity of the crime, and prosecutorial discretion determine how a wobbler is charged.

Examples include:

  • Domestic violence (Penal Code 273.5)
  • Certain types of assault (Penal Code 245)
  • Certain types of theft (Penal Code 487)

Legal Process for Misdemeanor Charges

  1. Arrest and Citation

When someone is suspected of committing a misdemeanor, they may be arrested or issued a citation (ticket). A citation typically includes a notice to appear in court on a specified date. Failure to appear can lead to additional charges and the issuance of a bench warrant.

  1. Arraignment

Once the District Attorney’s office files charges in court, the first court appearance is known as the arraignment. At this stage:

  • The defendant is informed of the charges against them.
  • They have the opportunity to enter a plea: guilty, not guilty, or no contest.
  • The court may decide on bail or release the defendant on their own recognizance.
  1. Pretrial Process

If the defendant pleads not guilty, the case moves to the pretrial stage. This involves:

  • Discovery (sharing of evidence between the defense and prosecution).
  • Pretrial motions, such as requests to suppress evidence or dismiss charges.
  • Negotiations for a plea bargain, where the defendant agrees to plead guilty to one of more counts, to a lesser offense, or receives a reduced sentence.
  1. Trial

If no plea agreement is reached, the case proceeds to trial. The defendant is entitled to a jury trial, and the prosecution must prove the defendant’s guilt beyond a reasonable doubt. The court will impose sentencing if the defendant is found guilty.

  1. Sentencing

After a conviction, the judge determines the appropriate sentence, which may include jail time, fines, probation, or other conditions like community service or rehabilitation programs.

Consequences of a Misdemeanor Conviction

Beyond the immediate penalties, a misdemeanor conviction can have long-term consequences, including:

CRIMINAL RECORD: A misdemeanor conviction will appear on the defendant’s criminal record, potentially impacting employment, housing, and professional licensing.

IMMIGRATION CONSEQUENCES: For non-citizens, certain misdemeanor convictions can result in deportation or other immigration issues.

GUN RIGHTS: Some misdemeanor offenses, such as domestic violence, can result in restrictions on firearm ownership.

Expungement of Misdemeanors

Under California law, individuals convicted of misdemeanors may be eligible for expungement (Penal Code 1203.4). Expungement allows a defendant to withdraw their guilty plea and have the case dismissed. While the conviction remains visible on certain records, an expunged misdemeanor cannot generally be used against the individual for employment purposes. Eligibility for expungement typically requires the defendant to:

  • Complete their sentence and probation.
  • Avoid any further criminal offenses.

Defenses to Misdemeanor Charges

Defendants accused of misdemeanors can raise several legal defenses to challenge the charges, including:

LACK OF EVIDENCE: The prosecution fails to prove guilt beyond a reasonable doubt.

SELF-DEFENSE: The defendant acted to protect themselves or others.

FALSE ACCUSATIONS: The allegations are fabricated or exaggerated.

VIOLATION OF RIGHTS: Evidence obtained illegally (e.g., through an unlawful search) may be suppressed.