Examples of misdemeanors in California include petty theft, public intoxication, and indecent exposure. Ultimately, many offenses are classified as this type of crime. People charged with any of these criminal activities can face jail time, fines, and other penalties.
If you have been charged with a crime, get help from a Los Angeles criminal defense lawyer. Your attorney can teach you about the differences between misdemeanor and felony charges. They could help you avoid harsh penalties.
What Is a Misdemeanor Offense?
In California, a misdemeanor is a criminal offense with a maximum punishment of one year in a county jail and up to $1,000 in fines. Some states use probation and other penalties for misdemeanor offenses.
A misdemeanor is more serious than an infraction but less serious than a felony. An infraction is a violation of state law and can result in a fine of up to $250. Felonies are more severe than misdemeanors and can lead to a jail sentence of at least a year and fines totaling thousands of dollars.
If you have been charged with domestic violence, battery, or other acts of violence, your lawyer may pursue a misdemeanor sentence in lieu of a felony one. Meanwhile, a prosecutor may try to pursue a felony crime punishment. Your lawyer can craft a legal strategy designed to show a court that you should not receive significant jail time.
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What Are the Two Types of Misdemeanor Crimes in California?
The two types of misdemeanor crimes in California are differentiated based on the severity of the crime committed. For a less serious crime, it will be classified as a “standard” type of crime. If found guilty of this type of crime, you may have to serve up to six months in jail and pay a fine of up to $1,000.
A more serious crime can be classified as a “gross” or “aggravated” type of crime. If convicted, you may have to spend no more than 364 days in a county jail. You could also face fines of $1,000 or more.
If you spend more than 364 days in jail, your charges would be categorized as a felony instead of a misdemeanor. A criminal defense attorney can provide details about what a felony in California is. Whether a misdemeanor charge is deemed to be “standard” or “gross” is based on a crime’s context and a prosecutor’s discretion.
What Are Examples of “Standard” Misdemeanors?
“Standard” misdemeanors are considered less severe compared to felonies but are still criminal offenses that carry significant consequences. Although they involve less harm or threat to public safety, these crimes are more serious than infractions like traffic violations.
If you are charged with a standard misdemeanor, it’s important to take the charge seriously, as it can impact your life in many ways.
Examples of standard misdemeanors include:
- Disorderly Conduct: Behaviors that disturb public peace, such as public intoxication, fighting, or creating excessive noise.
- Drug Possession: Possessing small amounts of illegal drugs or controlled substances without a prescription.
- Prostitution: Engaging in or soliciting sexual services in exchange for money or other compensation.
- Shoplifting: Stealing merchandise from a store, often involving items of relatively low monetary value.
If you are convicted of any of these or other standard-level charges, you can face jail time and fines. Thus, you need to hire a criminal defense lawyer if you are charged with a misdemeanor. Your lawyer will look for evidence to disprove the case against you.
Potential Consequences
If you have a standard misdemeanor conviction, you could face penalties such as:
- Jail Time: Typically up to one year in county jail, depending on the offense and state laws.
- Fines: Monetary penalties that can range from hundreds to thousands of dollars.
- Probation: Supervision in lieu of jail time, often with strict conditions like community service or counseling.
- Permanent Criminal Record: A conviction may appear on background checks, affecting future opportunities.
What Are Examples of “Gross” or “Aggravated” Misdemeanors?
These are less serious than felony offenses but are still considered to be serious. If convicted, you may receive several months in jail, a fine, probation, and other penalties. Examples of these gross or aggravated misdemeanors include:
- Aggravated Trespassing: Entering someone’s property with the intent to threaten, intimidate, or harm the property owner or occupants.
- Domestic Battery: Physical harm or unlawful contact against a spouse, partner, or family member, often tied to domestic violence cases.
- Driving with a Suspended or Revoked Driver’s License: Operating a vehicle when your driving privileges have been legally taken away due to prior infractions or criminal activity.
- Violating a Restraining Order: Ignoring a court-issued order designed to protect another person, such as in cases of domestic violence or harassment.
Potential Penalties for Gross or Aggravated Misdemeanors
If convicted of a gross or aggravated misdemeanor, you may face:
- Jail Time: Sentences can range from several months to a year in county jail, depending on the offense and jurisdiction.
- Hefty Fines: Financial penalties can be significantly higher than those for standard misdemeanors, sometimes reaching thousands of dollars.
- Probation: Court-supervised probation may include conditions like attending counseling, community service, or avoiding certain individuals.
- Restrictive Penalties: Additional restrictions, such as mandatory anger management classes, driver’s license suspensions, or even protective orders, may be imposed.
People may expect gross or aggravated charges to go away by themselves. California lawmakers work diligently to protect the community against illicit acts. As such, if you are charged with any of these or similar crimes, a prosecutor is likely to push for the maximum penalty against you.
Why You Need Legal Representation
If you are facing charges for a gross or aggravated misdemeanor, it’s essential to take immediate action to protect your rights and future. An experienced criminal defense lawyer can:
- Analyze the Case: Identify weaknesses in the prosecutor’s evidence or procedural errors that can benefit your defense.
- Negotiate on Your Behalf: Work to reduce charges or secure alternative sentencing options, such as probation instead of jail time.
- Advocate for Your Rights: Ensure you receive fair treatment throughout the legal process.
- Minimize Long-Term Impacts: Help you avoid a criminal record or reduce the severity of the penalties imposed.
Gross or aggravated misdemeanors are serious and can have lasting consequences on your personal and professional life. Don’t leave your future to chance—seek legal guidance to build a strong defense and protect yourself from the full weight of the legal system.
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What Is a “Wobbler” Offense in California?
A wobbler is a criminal offense that can be treated as a misdemeanor or felony. A prosecutor determines the severity of a charge. In a case involving sexual battery, bodily injury, or other substantial harm, the prosecutor may try to get a felony conviction.
There are felony and infraction wobblers. A felony wobbler refers to a crime bordering on being either a felony or an aggravated misdemeanor. Alternatively, an infraction wobbler can be treated as either an infraction or a standard misdemeanor.
Deciding between both types of wobblers is based on the facts of a case, a defendant’s criminal history, and other factors. A criminal defense law firm wants to find ways to help clients avoid felony convictions. As part of its efforts, a firm can build a strong defense that could help a client defend against steep penalties.
Work With Criminal Defense Lawyers Who Will Prioritize Your Case
You have been charged with a crime and are unsure of what to do next. If you think your criminal charge is a minor offense, err on the side of caution regardless. Consult with a criminal defense lawyer, and they will help you throughout your legal proceedings.
Simmrin Law Group has handled over 100 jury trials to date. If you face hefty fines, probation, and other penalties based on a criminal charge, we are here to assist you in any way we can. Contact us today for more information.
Call or text (310) 896-2723 or complete a Free Case Evaluation form