Yes. Misdemeanor cases can, and many times do, go to trial either before a jury or a judge. However, the vast majority of misdemeanor cases resolve short of trial because they get plea bargained or dismissed by the court or the prosecutor.
An accused can also avoid trial by
- pleading guilty or
- no contest to an offense.
If a case does not go to trial, then it usually proceeds into the sentencing phase of the criminal court process.
Criminal laws in most jurisdictions define a misdemeanor offense as a crime for which the maximum sentence does not exceed one year in jail.
A misdemeanor is more serious than an infraction but less serious than a felony.
A few commonly charged misdemeanors include:
- DUI,
- simple assault,
- battery, and
- disturbing the peace.
Do misdemeanor cases go to trial?
Misdemeanor cases can go to trial. This means that the defendant pleads not guilty to the misdemeanor offense charged and elects to advance the case to a jury trial.[i]
Note that in the United States, parties have a constitutional right to a jury trial if they are charged with an offense that is punishable by custody in jail for six months or more.[ii]
Keep in mind, though, that a case does not have to go to trial. A defendant can avoid a trial by:
- pleading guilty or no contest to the misdemeanor charged,
- accepting a plea bargain that sends the case to the sentencing phase of the criminal process, and/or
- convincing the judge or prosecutor to drop or dismiss the case in its entirety.
If a case does go to trial, then the trial itself will involve the following events:
- jury selection,
- opening statements,
- presentation of evidence (also known as the prosecution and defense “cases in chief,” which includes the examination and cross-examination of witnesses by both sides),
- closing arguments,
- jury deliberations,
- verdict, and if necessary,
- sentencing. [iii]
In addition, if a misdemeanor case goes to trial, then the defendant has certain rights guaranteed by the United States Constitution and the constitution of every U.S. state. Some of these rights include:
- the right to be represented by an attorney (which includes the right to be represented by a court-appointed public defender if a party cannot afford a private criminal defense attorney),
- the right against self-incrimination (which means the accused can refuse to answer questions or otherwise give testimony against himself/herself),
- the right to a speedy trial, and
- the right to produce and confront witnesses.
If a case goes to trial, can a defendant raise any evidentiary motions?
If a misdemeanor case goes to trial, the accused (or the defense counsel) can raise certain evidentiary motions. Some of the most common include (but are by no means limited to):
- standard objections to evidence and/or testimony,
- motions to exclude evidence (these motions apply to a number of different issues that range anywhere from excluding newly discovered evidence to excluding coerced confessions),
- motions to exclude witnesses from the courtroom,
- motions to discharge jurors (this, too, could be for any number of reasons, such as juror misconduct, a juror becomes ill, a juror is inattentive or falls asleep during the trial, or a juror has an unusually emotional reaction to the evidence presented),
- challenges to expert testimony (for example, the expert is testifying to matters beyond his/her expertise, the basis for the opinion is improper, and/or the testimony will confuse the issues and mislead the jury), and
- motion for acquittal.
The premise of a motion for acquittal is that the prosecution has not sustained its burden of proof as to one or more elements of the crime charged.
What is a misdemeanor?
A misdemeanor is a crime for which the maximum sentence is no more than one year in county jail.[iv]
Misdemeanors are more serious offenses than infractions but less serious than felonies. The latter are crimes punishable by more than one year in jail or prison.
The criminal laws of most jurisdictions divide misdemeanors into two classes. These include:
- standard or petty misdemeanors, usually punishable by up to 6 months in jail and/or a fine of up to $1,000, and
- gross or aggravated misdemeanors, punishable by up to one year in jail and/or a fine of up to $1,000 or more.[v]
Common standard misdemeanors include (but are not limited to):
- drug possession,
- public intoxication,
- petty theft,
- prostitution, and
- shoplifting.
Common aggravated misdemeanors include (but are not limited to):
- domestic battery,
- driving on a suspended license,
- DUI without injury, and
- violating a restraining order.
California defendants may choose to have a bench trial or a jury trial.
What is the law in California?
As with other states, a misdemeanor case in California can go to either a jury trial or a bench trial.
A defendant in the state has a right to take a jury trial whenever he/she is charged with an offense that is punishable by any amount of jail time.[vi] Note that this is different than the national rule that provides a right to a jury trial for crimes that are punishable by six months in custody or more.
In California criminal cases, a jury trial is where 12 members of the community are assembled to hear the evidence and decide whether or not a defendant is guilty of the crime or crimes charged.
In contrast, a bench trial is a trial in which a judge determines an accused’s guilt/innocence.
Note that while a misdemeanor case may go to trial in California, it does not have to. As with other jurisdictions, a defendant can avoid a trial by:
- pleading guilty to the misdemeanor charged,
- entering into a plea deal, or
- succeeding on a motion to dismiss the charges.
Misdemeanor cases in California can proceed through various stages in the following order:
- arrest,
- arraignment (formal charging and plea),
- bail hearing,
- pretrial phase (including discovery and motions to dismiss or exclude evidence),
- jury trial or bench trial, and
- appeal.
Most misdemeanor cases will not go through all of these steps. A case can be dropped at any stage if the evidence is weak or the court grants a motion to suppress evidence.
In addition, the prosecution and the defense can agree to a plea bargain.
[i] See United States Department of Justice website, “What Happens in a Misdemeanor Case.”
[ii] Baldwin v. New York, 399 U.S. 66 (1970).
[iii] See same.
[iv] Black’s Law Dictionary, sixth edition.
[v] See United States Department of Justice website, “What Happens in a Misdemeanor Case.”
[vi] People v. Oppenheimer (1974) 42 Cal. App. Supp. 3d 4.
