Misdemeanors and the Law
Under the California Penal Code, misdemeanors are crimes that are considered less serious than felonies but can result in jail sentencing of up to one year and fines totaling $1,000. In California, criminal offenses are classified as infractions, misdemeanors, or felonies.
Infractions, such as traffic violations, are punishable by a fine and no jail time. Misdemeanors are, by definition, crimes that carry a less severe punishment than a felony. Felonies are serious offenses that generally carry a jail sentence of one year or more.
Felony vs. Misdemeanor – Know the Difference
In California, a felony is a serious offense, such as an assault and battery with bodily harm, domestic violence, murder, rape, kidnapping, certain sexual offenses, and other violent crimes. Felonies are punishable by a jail or
prison term in excess of one year.
A misdemeanor in California is a less serious crime carrying with it possible jail time of less than one year and/or a fine of up to $2,000, plus penalties and assessments. Although generally considered minor, a California
misdemeanor should be taken seriously because, if convicted, you will end up with a criminal record.
Misdemeanor Facts
A misdemeanor will likely show up on a background check. Being accused or convicted of a misdemeanor can have devastating effects in the life of the accused. In some cases, a misdemeanor can be charged as a felony.
Elevating Misdemeanors to Felonies
Under certain circumstances, a misdemeanor may be charged as a felony, depending on certain factors, including, but not limited to:
- The seriousness of the crime
- Injuries to the victim
- The defendant’s prior criminal record
In addition, when certain prior criminal offenses exist on the defendant’s record at the time of misdemeanor arrest, the chances of having the current offense elevated to a felony are much greater. Criminal offenses that increase the risk of having your misdemeanor elevated to a felony, include, but are not limited to:
- Petty Theft/Shoplifting
- Domestic Violence
- Violation of a Domestic Violence Order
- Drunk Driving (DUI/DWI) with three prior charges in the past ten years
- Indecent Exposure
- Loaded Firearm in a Public Place
- Receipt of Stolen Property
- Misdemeanor Sentencing and Punishment
For misdemeanor charges, the range of California sentencing may include jail time, probation, fines, and/or community service. A skilled criminal defense attorney can assist in an alternative or reduced sentence for the defendant.
Misdemeanor Penalties
Some examples of misdemeanor penalties imposed by court are as follows:
- Probation with Jail Time: In some cases jail time may be served under House Arrest or weekends in a private jail.
- Probation without Jail Time: For less severe offenses, probation may be given without any jail time.
- Community Service
- Counseling or supervised anger management classes
- Restitution: The court may order financial compensation to be paid to the victim by the defendant.
- Fines: Fines vary from $200 to $2,000, or more, for court-ordered fines.
- Stay-Away Orders: The court may order the defendant to have no contact with certain persons or to stay away from certain locations.
For misdemeanor crimes, an experienced California criminal defense lawyer can make the difference between going to jail and staying out of jail. If you have been notified by the prosecutor’s office that you are being charged with a misdemeanor, contact our office immediately to discuss your case.
Contact our office today for a no-cost confidential initial consultation.
Jeffrey D. Stulberg • A Law Corporation
1042 Palm Street, Suite 204, San Luis Obispo, CA 93401
Ph: (805) 544-7693 • Fax: (805) 544-7006
stulberglaw@gmail.com
