What are misdemeanor charges in California?
What are misdemeanor charges in California?
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In California, a misdemeanor is a crime for which the maximum sentence is no more than one year in county jail. There are two categories:
- Standard California misdemeanors that are punishable by up to six months in jail and/or a fine of up to $1,000; and
- Aggravated or gross California misdemeanors that are punishable by up to 364 days in jail and/or a fine of up to $1,000 or more.
In the state of California, some common misdemeanors are, but not limited to:
- Drug possession;
- Being drunk in public;
- Indecent exposure (first offense);
- Petty theft;
- Prostitution;
- Shoplifting;
- Trespassing.
As for aggravated misdemeanors, these offenses fall into this category:
- Domestic battery;
- Driving on a suspended license;
- DUI without injury;
- Violating a restraining order.
Wobbler offenses in California
Wobbler offenses are those that can be charged either more or less seriously than misdemeanors, according to the prosecutor’s discretion. These can fall into two categories: Misdemeanor/felony wobblers and misdemeanor/infraction wobblers and the prosecutor will base his decision on how to charge the offense depending on the specific facts surrounding the case and the defendant’s criminal history.
Common misdemeanor/felony wobblers can be brandishing a weapon; elder abuse; assault with a deadly weapon. As for common misdemeanor/infraction wobblers, there is disturbing peace and wobbler trespassing.
What happens if you are arrested for a misdemeanor?
If you are arrested for a misdemeanor in California you will then be set up for an arraignment where you get formally charged. Then, the process includes a bail hearing, pretrial phase, jury or bench trial and an appeal. However, if the evidence is weak, the case can be dropped at any point in this process.
Misdemeanor violations are often punished with misdemeanor probation in California which typically lasts for 1 to 3 years and the defendant must adhere to certain conditions in order to stay out of jail, such as:
- Community service or labor;
- Electronic monitoring or house
arrest; - Participation in counseling or
treatment programs; - Paying victim restitution;
You should also know that a misdemeanor charge can result in a criminal record when the defendant pleads guilty, pleads “no contest” or is found guilty at trial. However, California law allows expungement of most misdemeanor crimes, except if it was a sex crime against a minor.
Unless a misdemeanor involves drugs, firearms or domestic violence, it usually does not lead to being placed in removal proceedings but if you have any questions please contact an immigration lawyer in California to analyze your case and determine whether you are at risk of being deported or not.
Kannan Law offers you criminal defense attorneys in California if you were charged with a misdemeanor and need legal representation. We have experience in immigration law as well so we are able to help immigrant clients charged with criminal offenses as well. We are located in San Diego and are ready to revise your case and situation to offer you the best legal advice possible. Contact us today!