Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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In California, the penalty for a misdemeanor conviction can be up to 364 days in county jail and a fine of up to $1000.00. However, by default, misdemeanors are punishable by 6 months in county jail unless the specific statute says differently.
These offenses can also result in fines and/or misdemeanor (or summary) probation (with conditions such as restitution, community service, and participation in counseling or treatment programs).
Misdemeanor crimes in California are
In general, aggravated misdemeanors result in harsher sentences than standard misdemeanors. Examples of an aggravated misdemeanor include:
A few common standard misdemeanors include,
Note that some criminal offenses in California are wobblers. Wobblers are crimes that a prosecutor can charge as either:
Prosecutors often decide as to which type of offense to file by examining:
The penalties imposed for a California misdemeanor will typically vary depending on whether the crime is a standard or an aggravated misdemeanor.
Standard misdemeanors are offenses that are usually punishable by a maximum of:
The penalties for these misdemeanors are often not outlined in the specific statute corresponding to a particular crime. Rather, California Penal Code 19 PC provides the general guidelines for standard misdemeanor sentences.2
Under California law, the consequences for an aggravated or gross misdemeanor conviction can include:
Unlike with standard misdemeanors, the statutes that set forth each gross misdemeanor usually provide for the maximum sentence that a judge may impose for these offenses.3
Note that judges will normally not award a sentence near the maximum range authorized by law unless you:
In contrast to misdemeanor crimes, felony sentences often include prison time of up to three years (or even longer with the most severe felony charges), and/or substantial fines.4
Felony convictions can grow much more serious when it comes to sentences when compared to misdemeanor convictions.
Yes. In place of jail time or a fine, judges may sentence misdemeanor offenders in California criminal cases to misdemeanor probation.5
Misdemeanor probation is sometimes called “summary” or “informal” probation.
Misdemeanor probation typically lasts one year unless a crime statute specifies otherwise. During that time, you must adhere to certain conditions to stay out of jail.
Common conditions of probation in misdemeanor cases can include (without limitation):
Note that if you commit a probation violation, the sentencing judge can:
Some California offenses are charged as wobblers. A prosecutor can charge a wobbler as either:
How the prosecutor chooses to charge a wobbler offense depends on:
A common misdemeanor/felony wobbler crime is brandishing a weapon — Penal Code 417.
A common misdemeanor/infraction wobbler crime is disturbing the peace — Penal Code 415.
California law permits expungement of most misdemeanor crimes. The exception is for certain misdemeanor sex offenders (like those that commit statutory rape, California Penal Code 261.5 PC).
To be eligible to expunge a California misdemeanor, you:
You do not need to disclose an expunged conviction if asked about a criminal history on a job application or in an interview.
Note that if you are convicted of a misdemeanor crime, you should consult with an experienced criminal defense attorney on the issue of expungement. A criminal defense lawyer can advise you on whether an expungement is truly available for your criminal charges.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.