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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If a first-time misdemeanor offense results in a conviction, it could lead to consequences such as entry into a diversion program, fines, probation, jail time, and/or diminished job prospects.
Note that misdemeanors are criminal offenses for which the maximum penalty is generally up to one year in county jail. Misdemeanors are considered more serious than infractions, but less serious crimes than felony offenses.
Under the criminal laws of most states, the following are common misdemeanor offenses:
Possibly, yes. Some first-time misdemeanor offenders may qualify for entry into a pretrial diversion program.
Diversion programs are designed to help first-time offenders avoid the criminal justice system. They work by requiring an offender to enter a class designed to treat the underlying issue for which the offender was arrested.
For example, if you were arrested for a drug offense, you may enter a drug abuse or substance abuse course.
If you successfully complete the course, a prosecutor will usually drop your criminal charge.1
However, if you fail your program, your criminal case will move forward as if diversion was never offered. Failure essentially means you could face the full penalties for your misdemeanor charge.2
Diversion programs are usually reserved for:
Possibly, yes. Most jurisdictions say that a first-time misdemeanor could result in you paying a fine to the court.
The specific amount of the fine will likely vary depending on:
Note that some states say that the maximum fine for a misdemeanor conviction is $1,000.4
Other states, however, authorize a criminal court to impose a fine of several thousands of dollars.5
Note that in addition to a fine, you might have to face other financial obligations for a first-time misdemeanor, such as:
Yes. A first-time misdemeanor offense can result in the court imposing misdemeanor probation.6
If awarded probation, you will serve your sentence in the community under the supervision of the court. You thereby avoid serving your sentence in county jail.7
Note that you must comply with certain terms and conditions throughout the duration of your probationary period (which typically lasts for between one to three years).
Examples of probationary terms include:
If you violate a probationary term, a judge could:
Possibly, yes. A judge can impose a jail sentence if you are convicted of a misdemeanor, even for a first-time offense.
Please keep in mind that a judge may allow an offender to serve out a sentence via:
Note as well that a jail sentence is typically reserved for more severe misdemeanors, such as:
Most jurisdictions say that the maximum jail sentence for a misdemeanor is one year.8
In contrast, felony charges can result in more than one year of state prison sentences.
Possibly, yes. A misdemeanor conviction will result in a criminal record or criminal history.
A problem here involves criminal background checks. A potential employer may run a background check on you while applying for a job.
The check may result in the employer learning of your misdemeanor conviction. This knowledge could hinder the employer from bringing you on board as an employee.
Note that you can try to get a misdemeanor conviction expunged to remove it from your record. Once expunged, you generally do not have to disclose to an employer that you were convicted of a crime.
If you are contemplating an expungement, it is generally wise to seek legal advice from an experienced criminal defense attorney.
A criminal defense lawyer will advise you on the requirements for an expungement in your particular state.
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.