California's legal system is distinguished by its unique levels of crimes, including infractions, misdemeanors, and felonies, the most serious. This article will delve into the specifics of misdemeanor crimes, shed light on how criminal courts and prosecutors handle these cases, and provide you with a comprehensive understanding of the distinct legal landscape in California.
A California misdemeanor is a crime where the maximum sentence is not more than one year in the county jail. A misdemeanor is a crime where the maximum sentence is not more than one year in the county jail, including:
- standard misdemeanor that carries up to six months in jail and a $1,000 fine;
- an aggravated misdemeanor that carries up to one year in jail and a fine up to $1,000.
There are also some California crimes known as “wobblers” that can be charged as either a misdemeanor or a felony. The prosecutor will normally make their decision on how to file the case based on the following:
- the circumstances of the offense, and
- defendant's prior criminal record.
A misdemeanor crime is less serious than a felony crime and does not carry the risk of receiving a prison sentence in a California state prison.
Any defendant convicted of a misdemeanor offense may be placed on probation for three to five years by the judge. Depending on where the crime occurred, the City Attorney's Office normally files misdemeanor cases in Los Angeles.
Once you are arrested for a California misdemeanor crime, the case will proceed through the routine stages of the criminal process, including arraignment, bail hearing, pretrial, and trial.
It should be noted, however, that the majority of misdemeanor cases never reach trial. Instead, they are often successfully negotiated through a plea bargain between the defense lawyer and the prosecutor, offering a ray of hope and a potential resolution in what can be a challenging situation.
In certain situations, a defense lawyer can persuade the prosecutor to reduce or even dismiss the case. Our Los Angeles criminal defense lawyers have provided a review below to help readers better understand California misdemeanor crimes and the crucial role of legal representation in such cases. This ensures you have the support and guidance you need during this challenging time.
What Are the Most Common California Misdemeanor Crimes?
Some of the most commonly charged misdemeanor crimes in the state of California include the following:
- Penal Code 240 PC – assault,
- Penal Code 242 PC – battery,
- Penal Code 243(e)(1) PC – domestic battery,
- Penal Code 273.6 PC – violating a restraining order,
- Penal Code 484 PC – petty theft,
- Penal Code 647(b) PC – prostitution,
- Penal Code 314 PC – indecent exposure,
- Penal Code 647(f) PC – drunk in public,
- Penal Code 415 PC – disturbing the peace,
- Penal Code 602 PC – trespassing,
- Vehicle Code 23152 VC – driving under the influence,
- Vehicle Code 14601 VC – driving on a suspended license,
- Health and Safety Code 11350 HS – drug possession.
The routine penalty for a misdemeanor conviction is up to one year in county jail and/or a fine of up to $1,000. However, many misdemeanor sentences involve only probation, a fine, or some form of community service hours. Some California misdemeanor convictions result in fines of up to $2,000.
What are Some Common California “Wobbler” Crimes?
As mentioned, a California “wobbler” is a unique legal term that refers to a crime that the prosecutor can charge as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's prior criminal record. This flexibility allows the prosecutor to consider the specific details of the case and the defendant's history before deciding on the appropriate charge.
Their decision is normally based on the specific circumstances of the case and the defendant's prior criminal record. Some common “wobblers” in California include:
Criminal threats are one of the most common types of “wobbler” crimes, as outlined in Penal Code Section 422. Others include the following:
- Penal Code 245(a)(1) PC – assault with a deadly weapon,
- Penal Code 417 PC – brandishing a weapon,
- Penal Code 273.5 PC – corporal injury to a spouse,
- Penal Code 422 PC – criminal threats,
- Penal Code 368 PC – elder abuse,
- Penal Code 343.4 PC – sexual battery.
If a “wobbler” is filed as a misdemeanor, the sentence can't include a sentence of more than one year. If the “wobbler” is filed as a felony crime, a plea bargain or motion to the judge might reduce it to a misdemeanor.
Can I Get Probation for a Misdemeanor Conviction?
If convicted of a misdemeanor crime, you will typically receive probation with several conditions to follow. If you are convicted of a misdemeanor crime in California, the judge will typically grant probation and set several terms and conditions that you must follow, such as:
- alcohol or drug classes,
- counseling and group therapy,
- community service hours with CAL-TRANS,
- electronic monitoring or house arrest,
- pay court fines,
- pay victim restitution.
If your conviction is related to domestic violence, then the judge will typically issue a restraining or protective order against you that prohibits contacting the victim. Also, a domestic violence conviction means you will lose your right to own or possess a firearm.
A misdemeanor conviction will also result in a criminal record that any potential employers could view during a background search. A conviction will often result in disciplinary action for people who possess a professional license, such as:
- doctor,
- teacher,
- real estate agent, or
- attorney.
Certain misdemeanor convictions could result in mandatory requirements. For example, if you are convicted of indecent exposure under California Penal Code 314 PC, you might be required to register as a sex offender under Penal Code 290 PC.
Most California misdemeanor convictions can be expunged, or cleared from your record, as described under Penal Code 1203.4 PC after you complete probation. This process involves filing a petition with the court, and if granted, it can provide a fresh start and remove some of the collateral consequences of a misdemeanor conviction.
The process of expungement can be complex, and not all convictions are eligible for expungement. It's best to consult with a legal expert to determine your eligibility and navigate the process effectively.
Criminal Defense Lawyers for California Misdemeanor Crimes
If you have been charged with a misdemeanor crime, consult with our Los Angeles criminal defense lawyers to discuss the details and options.
Contact Cron, Israels & Stark to learn how we can defend you. Our defense team, with decades of combined experience and a proven track record, possesses the expertise to represent you against any type of charge effectively. You can trust in our expertise to navigate the complexities of your case.
As seasoned courtroom negotiators, we can negotiate with the prosecutor for reduced charges or even get the case dropped. Our goal is to deliver the best possible outcome, and we will work diligently to achieve it, giving you hope for a favorable resolution.
Through prefiling intervention, we can potentially avoid the formal filing of charges before the court. This underscores the importance of early intervention in your case, empowering you to take swift and strategic action on your own behalf.
Our team of criminal lawyers is familiar with the local prosecutors and judges in the Los Angeles County criminal courthouses, giving you the confidence that we understand the local legal landscape.
Cron, Israels & Stark is a top-rated criminal defense law firm that represents clients throughout Southern California, including LA County, Orange County, Ventura County, Anaheim, Simi Valley, Hollywood, Pasadena, Riverside, and San Bernardino.
We are located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office located at 401 Wilshire Blvd, Suite 1200, Santa Monica, CA 90401. Contact our office for a free case consultation at 424-372-3112.
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