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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
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:
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:
If a case does go to trial, then the trial itself will involve the following events:
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:
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):
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:
Common standard misdemeanors include (but are not limited to):
Common aggravated misdemeanors include (but are not limited to):
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:
Misdemeanor cases in California can proceed through various stages in the following order:
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.
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.