Misdemeanor California

INFORMATION on California Misdemeanors
Misdemeanor Definition, Punishment, Relief, Immigration Consequences and Examples
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What is a California Misdemeanor?

What is the definition of a California misdemeanor?   Are there different types of misdemeanor crimes? Is a first offense misdemeanor charge less serious than a California misdemeanor that is repeated?   What is a misdemeanor punishment? What is an aggravated misdemeanor? 

Those questions are best answered by comparing a misdemeanor in California to other types of crimes in California. There are three types of crimes in California:
California Felonies
California Misdemeanors
California Infractions

Felonies are punishable by 16 months or more in state prison.  A misdemeanor in California is punishable by a maximum sentence of one year in the county jail.  Unlike a felony or a misdemeanor in California, an infraction is not punishable by a jail sentence.  Most traffic tickets are considered infractions.  Speeding for instance is an infraction. Reckless driving, on the other hand, is a California misdemeanor which calls for a misdemeanor punishment which may include time in the county jail. The misdemeanor punishment imposed is dependent on the seriousness of the reckless driving.  

What is the Misdemeanor California Punishment?

Misdemeanor punishments are usually dependent on the type of misdemeanor in California that has been committed and the prior record of the defendant. 

There are many types of misdemeanor crimes under California misdemeanor law and many different misdemeanor punishments ranging from community service to an aggravated misdemeanor sentence of one year in the county jail.   

Example: A first offense misdemeanor for driving while under the influence carries a maximum sentence of 6 months in the county jail. A second or third offense within ten years carries a maximum misdemeanor punishment  of one year in the county jail. 

Example: Sometimes a misdemeanor in California that calls for a maximum sentence of one year is referred to as an aggravated misdemeanor. 

In the final analysis, a California misdemeanor is defined by the sentence imposed, and there are many types of misdemeanor crimes.  The types of misdemeanor crimes listed in the California Code are too numerous to mention in an article this brief but they do include prostitution, vandalism, simple assault, disorderly conduct, and petty theft.   

What are California Wobbler Offenses?

Some crimes are punishable by a either a misdemeanor punishment or a felony punishment.  The types of crimes are referred to by lawyers as wobblers.  Whether it is a California misdemeanor or a felony is determined by the sentence imposed.  
Example: Someone who willfully and maliciously points a laser at an airplane is in violation of section 247.5 of the Penal Code.  The penalty for such conduct can be a year in the county jail which is a misdemeanor punishment, or by imprisonment in state prison for 16 months or two years -  a felony punishment.  

Wobbler Punishment: Conviction of a wobbler can result in a misdemeanor punishment or a felony punishment.  A judge at a preliminary hearing can declare a wobbler to be a California misdemeanor if he deems the conduct less than felonious.  The Judge has a great deal of discretion when it comes to wobblers.   If a defendant is placed on probation for the violation of a wobbler and successfully completes probation, he may petition the court to reduce the case to a California misdemeanor and to thereafter dismiss it under Penal Code sections 17(b) and 1203.    

Can the California Misdemeanor Punishment Exceed that of a Felony Punishment?

In spite of the fact that a California misdemeanor is a crime less serious than a felony, it is possible to receive a misdemeanor punishment that exceeds that of a felony.  
Example: If a person is charged with 4 counts of grand theft prosecuted not as a California misdemeanor but as a felony because the value of the goods are in excess of $950, the maximum sentence would be would be 5 years even though one count alone calls for a maximum sentence of 3 years.  Seems like the maximum sentence would be 12 years, but under felony sentencing laws you can receive 3 years on the first count but only 8 months or the mid-term sentence on the 2nd, 3rd, and 4th counts.  No such rule applies to a California misdemeanor.   If you are convicted of 4 aggravated misdemeanors calling for a maximum of one year on each count, the Judge could order the sentences to run consecutively for a total of 4 years as a misdemeanor punishment.


Can I Reduce My Charge from a Felony to a California Misdemeanor?

YES - You may fight your felony charge at the preliminary hearing, and if successful the case will become a California misdemeanor for all purposes.  
Example of Charge Reduction: Vincent Oliver Law recently represented a person charged with vandalism with damages over $400 which carries a maximum penalty of 3 years.  Filed as a California misdemeanor, vandalism is only punishable by 1 year in the county jail.  After filing numerous requests for actual proof that the damages were in excess of $400, Vincent Oliver Law was able to persuade the Court that the damages were less then $400.  As a result, the Court reduced the matter to a California misdemeanor and dismissed the felony charges.


What are the Immigration Consequences of a California Misdemeanor Conviction?

There are serious federal immigration consequences even for a misdemeanor in California.  If the sentence in a California misdemeanor is one year or more, the person convicted can be deported, denied re-entry into the United States and denied naturalization under federal law.  
In 2015, the California legislature enacted a new law which defines an aggravated misdemeanor sentence of one year as 364 days thus removing the harsh immigration consequence of deportation, denial of re-entry, and denial of naturalization for conviction of an aggravated misdemeanor.  The attorneys of Vincent Oliver Law are required to be aware of all new laws dealing with misdemeanors in California.  Even before the enactment of this new law dealing with California misdemeanors, Vincent Oliver Law would always insist upon a maximum penalty for an aggravated misdemeanor as 364 days.  Many lawyers are unaware of the serious immigration consequences of the conviction of an aggravated misdemeanor and in the post have failed to protect undocumented people from unnecessary deportation, denial of re-entry and denial of naturalization.


Is the Punishment for a California Misdemeanor Always Jail Time?

Conviction of a California misdemeanor, even an aggravated misdemeanor does not necessarily require a misdemeanor punishment  of jail time.  
At Vincent Oliver Law, when the facts of the case preclude a not guilty verdict in a jury trial, we seek to minimize the penalty for conviction of a California misdemeanor by seeking a probationary sentence of community service or even house arrest as a misdemeanor punishment.  Although conviction of an aggravated misdemeanor can result in a misdemeanor punishment of one year, a standard misdemeanor punishment for conviction of a California misdemeanor is 6 months in the county jail. 

Example: Petty theft is a California misdemeanor that can only result in a maximum misdemeanor punishment of 6 months in the county jail. None-the-less, whether it is a traffic misdemeanor California or a first offense misdemeanor the result can be a misdemeanor punishment which includes time in jail -  a result which we strive to avoid as a misdemeanor punishment at Vincent Oliver Law.

Example: Another example of the severe consequences of conviction of a California misdemeanor is a domestic violence conviction.  If filed as a California misdemeanor, such a violation of the law can result in a misdemeanor punishment of one year in the county jail as well as a requirement that the person convicted attend a domestic violence class for one day a week for an entire year in addition to being restrained from any contact with the alleged victim.  A misdemeanor in California can result in a misdemeanor punishment that includes fines and participation in lengthy classes in addition to the misdemeanor punishment of time in jail. 

California Misdemeanor – What You Need to Know

If you are charged with a misdemeanor in California, you should know that the maximum sentence for an aggravated misdemeanor is one year in the county jail, but the standard misdemeanor punishment is a maximum of 6 months in the county jail. 


 In addition to jail time, a misdemeanor punishment can include fines and onerous classes.  Driving while under the influence always carries as a misdemeanor punishment, long term participation in a driving while under the influence class.  The same is true of the misdemeanor punishment  for domestic violence.  


There are many types of misdemeanor crimes and they are all treated as serious by Vincent Oliver Law. 


Contact us for a free consultation to discuss the specifics of your case.
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Have you been accused of or arrested on a California Misdemeanor or Wobbler offense?

Vincent Oliver Law specializes in California Misdemeanors and has been defending clients in Southern California and Los Angeles for 3 decades. If you have been accused of such a crime, you should seek legal help immediately. We offer free consultations by calling us or filling out our consultation request form on this page.
Vincent Oliver Law
Criminal Defense Lawyer
205 South Broadway, Suite 606
Los Angeles, CA 90012
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