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 criminal defense lawyer serving Los Angeles. 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, this 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 Los Angeles criminal defense lawyer can answer questions about whether a person in California can serve misdemeanor probation in another county and similar legal topics.
A misdemeanor is more serious than an infraction but less serious than a felony. Comparatively, 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 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 less severe due to the nature of their crime but are still more serious than an infraction. Therefore, if you are charged with this type of crime, give your charge the attention it deserves. Crimes that fall into this category can include:
- Disorderly conduct
- Drug possession
- Prostitution
- Shoplifting
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.
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 crimes include:
- Aggravated trespassing
- Domestic battery
- Driving with a suspended driver’s license
- Violating a restraining order
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.
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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.
What Are Examples of ‘Wobblers’?
California’s criminal statutes provide insights into crimes treated as wobblers. Your lawyer can discuss various statutes and how they apply to your case. Examples of wobbler crimes in California include:
- Assault with a deadly weapon
- Burglary
- Grand theft
- Stalking
- Spousal battery
Just because you face criminal charges you believe are not too serious does not mean that the criminal justice system will agree. If you are concerned about prison time and other penalties due to a criminal charge, partner with a lawyer. Next, you and your attorney can work together to dispute your charge.
Can a Criminal Charge Be Removed from Your Record?
If you are convicted of a crime, the offense will stay on your record indefinitely. Fortunately, you can request an expungement of your criminal record. A criminal defense attorney can explain this process and what it takes to clean your record.
Getting convicted of a misdemeanor crime or felony offense can impact your ability to land a job, buy a home, and live your life the way you want. With expungement, you could have a conviction removed from your record. Once this conviction has been taken off of your record, you will not have to worry about it appearing on future criminal background checks.
It is within your legal rights to request an expungement, but there is no guarantee a court will grant it. With non-violent offenses and others, it helps to have an experienced lawyer at your side. They will account for your conviction’s effects on records and prepare an argument that explains why it should be removed.
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.
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