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.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Some examples of misdemeanors include assault, shoplifting, and petty theft. These are all criminal offenses that are more severe than an infraction, but less severe than a felony. Misdemeanors carry up to 1 year in county jail and $1,000 in fines.
Some common examples of misdemeanor crimes in California are:
All of these are more serious crimes than infractions because they carry the potential for jail time. They are also less serious than felonies.
In states other than California, some otherwise identical offenses may not be misdemeanors. States make their own criminal laws, so they are free to classify crimes differently.
All California misdemeanors carry up to 1 year in county jail for a conviction. This makes them different from infractions, which do not carry jail time, at all. It also makes them different from felonies, which can carry more than 1 year of confinement. Felony convictions carry time in state prison, not county jail.
Nearly all misdemeanors are non-violent offenses. If they do involve the use of force or violence, like assault, the injuries that they produce are generally minor. For example, in California:
Many misdemeanors are also victimless crimes. These include offenses like drug possession or DUI without an injury or accident.
Misdemeanors property crimes typically involve smaller amounts of money ($950 or less in California theft cases). Once the amount in question exceeds that threshold, prosecutors bring felony charges instead.
Finally, misdemeanors (like felonies) arise out of written statutes that were enacted by the state legislature or a city/county commission. This is a big difference between crimes and civil causes of action, which typically arise out of “common law” rather than statutes.
In all criminal cases – including those involving misdemeanors or felonies – prosecutors have the burden to prove guilt beyond a reasonable doubt in order to win a conviction at trial. This is a much higher burden of proof than at civil trials, where plaintiffs have to prove liability by a preponderance of the evidence or by clear and convincing evidence.
California misdemeanor offenses carry penalties of up to:
In California, there are 2 types of misdemeanors:
Standard misdemeanors only carry the potential for up to 6 months in jail. Aggravated or more serious misdemeanors are punishable with up to 364 days in jail.1
Note that in some other states, misdemeanors are classified into separate “classes” or categories” with their own numbering or lettering systems. Each class or category has its own sentencing range.
Judges often sentence misdemeanor defendants to a term of probation, rather than a jail sentence.
Misdemeanor (summary and informal) probation is a term of community supervision. Law enforcement gets to supervise the defendant after conviction, but the defendant is not confined in jail. Instead, the defendant is released back into the community. However, he or she will have to comply with the rules imposed by the court.
These terms of probation often include:
For misdemeanors, probation typically lasts for 1 to 3 years. Certain criminal statutes specify a different term, though.
Violating a term of probation can lead to the judge revoking probation. If probation is revoked, the defendant can be sent to jail to serve the rest of his or her term behind bars.
In California, wobblers are offenses that can be prosecuted as more than one category of crime. They “wobble” between 2 types of offenses. There are violations that can be prosecuted either:
Prosecutors generally have the discretion to choose how to pursue the criminal allegation. They often look to the defendant’s criminal background and the specific facts of the case.
Examples of infraction/misdemeanor wobblers include:
If pursued as an infraction, a conviction is punishable with only a fine. If law enforcement files misdemeanor charges, a conviction can carry a maximum of 1 year in jail. Most infraction/misdemeanor wobblers are standard misdemeanors that only carry up to 6 months in jail.
Examples of misdemeanor/felony wobblers include:
Misdemeanor convictions for these offenses can carry a maximum punishment of up to 1 year in jail. If pursued as a felony charge, however, the defendant could be sentenced to jail or state prison for a number of years. The sentence can be substantially longer than just 1 year for these criminal convictions. These are serious offenses that can tarnish the defendant’s criminal record.
Regardless of the nature of the criminal charges, defendants stand to benefit from getting the legal advice of a criminal defense attorney from a local law firm. A skilled criminal defense lawyer can help you to defend against the charges.
They may also be able to help with the expungement process to seal your record.
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.