Misdemeanors

The California Penal Code defines a misdemeanor as a crime punishable by jail sentence in the county jail for no longer than one year and a $1000 fine. Some common examples include shoplifting, prostitution and some DUI and Domestic Violence charges. Misdemeanors are more serious than infractions, but less serious than felonies.

There are two types of misdemeanors that one could face.

A "standard" California misdemeanor is punishable by up to 6 months in jail and/or a fine up to $1000. "Gross" or "aggravated" misdemeanors are punishable by up to 364 days in jail and/or a fine of $1000 or more.

Some common standard misdemeanors include indecent exposure, drunk in public, drug possession, petty theft, shoplifting and prostitution. Common aggravated misdemeanors include DUI without injury, violating a restraining order, domestic battery or driving with a suspended license. It should be noted that some offenses, such as spousal abuse, can carry a higher fine.

If you find yourself facing a misdemeanor charge, you should anticipate being given a date to appear in court. One of three things will then happen:

Defendant will be released - no charges filed.

Defendant posts bail or is released on his own recognizance and is scheduled for arraignment.

Defendant remains in custody of the sheriff/law enforcement agency and is brought to court for arraignment.

Once you appear in court, bail will be set. You will enter a plea of guilty, not guilty or no contest.

Not Guilty - Defendant states that he/she did not commit the crime. Trial will be set for a future date.
Guilty - Defendant admits that he/she did commit the crime.
No Contest - Defendant will not contest the charge. It has the same effect as a guilty plea except that the conviction cannot be used against the defendant in a civil suit.

If you have been charged with a misdemeanor, time is of the essence. You should know your rights and how the law can impact your situation. Having an experienced Criminal Law Attorney on your side as early as possible in this process can make a big difference.

For a free 20-minute case review, contact our office now. Don't wait.