A misdemeanor is a "minor wrongdoing." Simply put, it's less serious than a felony, so it involves fewer consequences. Some charges, such as petty theft or reckless driving, may fall into this category.
Misdemeanor crimes in California come with different consequences depending on the severity of the act. These involve jail time, fines, and probation.
The more "serious" misdemeanor charges are, the less likely the defendant will be to apply for probation or seek lighter sentences.
This article covers everything to know about serious misdemeanors, including their consequences, which crimes count toward that category, and what defendants should do if they get charged.
Differences Between Felonies and Misdemeanor Crimes
A person can get charged by a law enforcement agent as either a misdemeanor or a felony.
Felony crimes tend to be more serious. Here's an overview of the main differences:
Those who get charged with a felony, for example, may spend at least a year in county jail, whereas those with a misdemeanor may spend up to six months or 364 days.
Fines are also much higher with felonies. Defendants may pay up to $10,000 for a felony and up to $1,000 for a misdemeanor.
Someone who gets sentenced because of a felony will lose their gun rights. Some people who get a misdemeanor may keep them under specific circumstances.
Most defendants facing misdemeanor criminal charges are eligible for probation, which isn't always the case for those with felonies.
What Is the Maximum Penalty for a Misdemeanor Conviction?
Most of the time, the consequences for an aggravated misdemeanor are:
Up to six months in jail (for a smaller misdemeanor charge) or 364 days (for gross misdemeanors)
Up to $1,000 in fines (plus court costs and other legal fees)
These penalties will change depending on the type of offense, the defendant's criminal history, and other factors. Hiring an experienced criminal defense attorney will help the person navigate their case thoroughly and come up with an appropriate plan.
What Are the Most Common Misdemeanor Convictions in California?
Standard misdemeanors include:
Drug possession
Trespassing
Petty theft
Prostitution
Aggravated misdemeanors, on the other hand, involve serious cases like:
Domestic violence
DUI offenses
Driving with a suspended license
Violating a restraining or protective order
Shoplifting
What Is a Wobbler Offense?
A wobbler offense is a special class of crime. It happens when the person's conduct varies in its level of seriousness. Wobbler crimes cover different offenses, including money laundering, vehicular manslaughter, assault with a deadly weapon, and more.
In California, a person's criminal offense can be charged as a misdemeanor or a felony depending on what happened. A prosecutor may try to press felony charges if they consider the "wobbler" is too serious to be a misdemeanor.
Some charges that could be sentenced as either misdemeanors or felonies include:
Criminal threats
Grand theft
Brandishing a weapon
Sexual battery
Second-degree burglary
Embezzlement
Elder abuse
Prosecutors play a huge role when determining how a person's crime is charged. Those who want a better shot at avoiding felony charges should contact a professional attorney. They can also answer questions like what is a class a misdemeanor in california?
What Does the Process of a Misdemeanor Involve?
Most cases will undergo a similar process in California, which looks like this:
Getting arrested by a law enforcement agent (or showing up voluntarily to a court hearing)
Going through the arraignment process, which involves the formal charging and pleas
Attending a bail hearing
Going through a pre-trial phase, which refers to the "discovery" part of the case
Facing a jury or bench trial
Appealing the decision (if applicable)
Not all misdemeanor cases will make the defendant go through these steps. If the court grants the person a motion to suppress evidence, or if there's not enough proof, the case could get dropped at any of these steps.
In other scenarios, the defendant and prosecution can agree to a plea bargain, which saves time. However, not all pleas will be in the defendant's best interest. Those who want to get the best results possible with their cases should hire professional misdemeanor lawyers in Sacramento.
Can Someone Get Probation for Misdemeanor Offenses?
Most of the time, the defendant will be eligible for "informal probation" with no jail time. Depending on the case, the period will be 364 days unless the statute specifies otherwise.
Some common probation conditions include:
Electronic monitoring
House arrest
Doing community service
Paying restitution fees to the victim
Participating in counseling programs
Does a Misdemeanor Offense Show Up in a Criminal Record?
It depends. A misdemeanor crime may show up in a criminal record if the defendant:
Pleads guilty or "no contest"
Is found guilty at a trial
However, if the defendant participates in either of the following programs and completes them, they may be able to get their charges dismissed:
California Penal Code's Drug Diversion Program
Proposition 36's Drug Diversion Program
Some people may also be able to expunge their records if they meet certain requirements, such as:
Completing probation
Not serving a sentence for another criminal offense
Not being charged with something else
Those with an expunged record don't have to disclose that information to a future employer or landlord, which is beneficial for most people.
Bottom Line - Seek Help from a Criminal Defense Lawyer
Getting convicted of a misdemeanor will result in the defendant getting a criminal record. This affects the person through the following consequences:
Not being able to get or retain a job
Limiting their educational opportunities
Losing gun possession rights
Not being able to get loans
Losing professional licenses
Preventing them from applying for specific real estate properties
It's also important to note that a criminal charge could impact a person's immigration status. Even though a misdemeanor doesn't typically result in deportation, a few scenarios involving drug crimes or domestic violence may cause further problems for the defendant.
Dealing with a misdemeanor isn't easy, especially without legal help. Those interested in getting professional advice should talk to the attorneys at Goss Law. These legal counselors have years of experience dealing with misdemeanor convictions, so they know how to navigate any case and develop the best plan possible.
By seeking a free consultation with this legal firm, defendants are one step closer to getting justice and defending their rights.