California law divides crimes into three main categories: infractions, misdemeanors, and felonies. Misdemeanors fall in the middle — more serious than infractions but less severe than felonies.
A misdemeanor in California is a criminal offense punishable by up to one year in county jail, but not state prison.
Simply put, a misdemeanor in California is a crime less serious than a felony but more serious than an infraction, typically punishable by up to 364 days in county jail, fines up to $1,000, and probation.
Understanding how misdemeanor cases are charged, prosecuted, and resolved can help you protect your rights if you are facing criminal charges.
Your best chance at a positive outcome is with an experienced California criminal defense attorney at Cron, Israels & Stark.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
How Does California Define a Misdemeanor?
Under California law, a misdemeanor is a crime where the maximum sentence does not exceed one year in county jail.
There are generally two types:
Standard Misdemeanor
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Up to 6 months in county jail
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Fine up to $1,000
Aggravated Misdemeanor
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Up to 1 year in county jail
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Fine up to $1,000 (sometimes higher depending on the statute)
Unlike felony offenses, misdemeanors do not carry a state prison sentence in California.
What Is a “Wobbler” Crime in California?
Some offenses are known as “wobblers.” These crimes can be charged as either a misdemeanor or a felony depending on:
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The circumstances of the offense
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The defendant's prior criminal record
The prosecutor decides how to initially file the case. In some cases, a defense attorney can later request that a felony wobbler be reduced to a misdemeanor.
What Are the Most Common California Misdemeanor Crimes?
Below are frequently charged misdemeanor offenses in California:
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California Penal Code 240 – Assault
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California Penal Code 242 – Battery
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California Penal Code 243(e)(1) – Domestic Battery
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California Penal Code 273.6 – Violating a Restraining Order
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California Penal Code 484 – Petty Theft
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California Penal Code 647(b) – Prostitution
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California Penal Code 314 – Indecent Exposure
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California Penal Code 647(f) – Drunk in Public
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California Penal Code 415 – Disturbing the Peace
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California Penal Code 602 – Trespassing
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California Vehicle Code 23152 – Driving Under the Influence
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California Vehicle Code 14601 – Driving on a Suspended License
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California Health and Safety Code 11350 – Drug Possession
These charges often result in probation rather than jail time, particularly for first-time offenders. California Penal Code Section 802 establishes the statute of limitations for misdemeanors.
Under California Penal Code Section 853.6, law enforcement officers have the authority to issue a citation and release you without requiring bail.
What Are Common California “Wobbler” Crimes?
Common wobblers include:
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California Penal Code 245(a)(1) – Assault with a Deadly Weapon
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California Penal Code 417 – Brandishing a Weapon
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California Penal Code 273.5 – Corporal Injury to a Spouse
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California Penal Code 422 – Criminal Threats
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California Penal Code 368 – Elder Abuse
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California Penal Code 243.4 – Sexual Battery
If filed as misdemeanors, these offenses carry no more than one year in county jail. If filed as felonies, they can carry significantly greater penalties.
What Happens After a Misdemeanor Arrest?
After arrest, a misdemeanor case typically proceeds through:
Arraignment
The defendant enters a plea.
California Penal Code Section 977 allows a defendant to waive their personal appearance in court and have their attorney appear on their behalf.
Bail Hearing
The judge determines whether release conditions apply.
Pretrial Proceedings
Evidence exchange and plea negotiations occur.
Trial (Rare)
Most misdemeanor cases are resolved through negotiated plea agreements rather than trial.
Can You Get Probation for a Misdemeanor?
Yes. Most misdemeanor convictions result in probation rather than jail.
Common Probation Conditions
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Community service
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Alcohol or drug counseling
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Anger management classes
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Payment of fines
Probation typically lasts 3 to 5 years.
Special Consequences of Certain Misdemeanors
Some misdemeanor convictions carry additional consequences:
Domestic Violence Convictions
Indecent Exposure
Conviction under California Penal Code 314 may require sex offender registration under California Penal Code 290.
Professional License Discipline
Doctors, teachers, real estate agents, and attorneys may face disciplinary action.
Criminal Record
A misdemeanor conviction becomes part of your permanent criminal history unless later expunged.
Can a Misdemeanor Be Expunged?
Many misdemeanor convictions can be dismissed (expunged) under California Penal Code 1203.4 after successful completion of probation.
Expungement can:
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Improve employment opportunities
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Reduce professional consequences
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Provide relief from certain collateral consequences
However, not all convictions qualify, and legal guidance is recommended.
Why Legal Representation Matters
Even though misdemeanors are less serious than felonies, they can still result in:
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Jail time
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Fines
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Protective orders
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Professional discipline
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Permanent criminal records
In many cases, an experienced defense attorney can:
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Negotiate reduced charges
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Secure alternative sentencing
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Obtain dismissal
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Prevent formal charges through prefiling intervention
Early legal intervention can significantly improve the outcome of a misdemeanor case.
Criminal Defense Lawyers for California Misdemeanor Crimes
If you have been charged with a misdemeanor in Los Angeles or Southern California, immediate legal advice is critical.
An experienced California criminal defense attorney can evaluate:
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The strength of the evidence
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Possible defenses
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Negotiation opportunities
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Diversion or dismissal options
Prompt and strategic defense can protect your record, career, and future.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help. Schedule your consultation today.
