(Last Updated On: March 19, 2023)Last Updated on: 19th March 2023, 01:34 am
Understanding the Consequences of Misdemeanor Convictions
If you’ve been charged with a misdemeanor, it’s important to understand the potential consequences. Misdemeanors are less serious crimes than felonies, but they can still result in significant penalties. Here are five of the most common consequences of a misdemeanor conviction:
A Fine
Misdemeanor charges can result in fines. The exact amount of the fine will depend on the specific crime, but it’s not uncommon for misdemeanor fines to reach several thousands of dollars. Most states distinguish between simple misdemeanors and aggravated misdemeanors, with aggravated misdemeanors resulting in harsher penalties.
For simple misdemeanor offenses, the maximum fine is typically $1,000. Aggravated misdemeanors can result in fines of over $1,000.
Examples of simple misdemeanors include petty theft, shoplifting, and trespassing. Examples of aggravated misdemeanors include domestic violence, disorderly conduct, and driving on a suspended license.
Jail Time
Misdemeanors can also result in jail time. The maximum sentence for a misdemeanor is one year in county jail, though simple misdemeanors typically result in much shorter jail terms than aggravated misdemeanors.
While jail time is not mandatory for criminal charges, it is a possibility for both misdemeanors and felonies.
Misdemeanor Probation
Misdemeanor probation is a possible alternative to detention for those convicted of misdemeanor crimes. Offenders are placed under court supervision and must comply with certain conditions, such as obeying all laws, attending counseling, paying restitution, or performing community service.
Probation typically lasts up to one year, but it can be longer for more severe misdemeanors and depending on the state of conviction. Violating the conditions of probation can result in jail time.
Possible Loss of Gun Rights
Misdemeanor convictions, particularly for domestic violence, can result in the loss of gun rights. Depending on the specifics of the case, this loss can be temporary or permanent.
In addition to domestic violence, other misdemeanor convictions like brandishing a weapon can also lead to the loss of gun rights. It may be possible to restore gun rights through expungement, but it’s best to consult with a criminal defense attorney to understand your options.
Negative Employment Consequences
A misdemeanor conviction will result in a criminal record, which can have negative consequences for employment. Potential employers who run criminal background checks may decide not to hire someone with prior criminal offenses.
Criminal records can also limit one’s ability to obtain a professional license or be accepted into college or vocational school.
Getting Legal Help
Criminal defense attorneys can help minimize the consequences of a misdemeanor conviction. They can contest the charge with a legal defense, enter into a plea bargain with a prosecutor, or work to get an expungement for the conviction.
Most defense lawyers and law firms offer free consultations, so it’s worth seeking legal advice to understand your options. Don’t let a misdemeanor conviction ruin your life. With the help of an experienced criminal defense attorney, you can work towards a better outcome.
Understanding Misdemeanor Crimes in California
Getting charged with a crime in California can be a daunting and emotional experience, especially for those who have never dealt with the criminal justice system before. The questions about the type of crime and the severity of the punishment can be overwhelming, which is why it’s important to understand the different levels of crimes in California.
Different Levels of Crimes in California
California has three levels of crimes: infractions, misdemeanors, and felonies. While a felony charge is the most serious and carries severe penalties, this page will focus on misdemeanor crimes and how the courts and prosecutors handle these types of cases in the criminal case process.
There are also some California crimes that are commonly known as “wobblers.” These crimes can be charged by the prosecutor as either a misdemeanor or a felony. The prosecutor will generally base their decision on the circumstances of the case and the defendant’s criminal history.
Understanding Misdemeanor Crimes
A misdemeanor crime is a less serious offense than a felony and doesn’t carry any potential for a sentence to a California state prison. The maximum sentence for a misdemeanor is no longer than one year in a county jail and a fine up to $1,000.
An aggravated misdemeanor is a crime that can be punished by up to one year in a county jail and a fine of $1,000 or more. Additionally, anyone convicted of a misdemeanor can be placed on probation for three to five years. Misdemeanor cases can be filed by either the Los Angeles City Attorney or the District Attorney’s Office, depending on where the crime occurred.
The Criminal Case Process for Misdemeanor Cases
If you have been arrested for a misdemeanor case in California, it will proceed through the normal stages of the criminal case process, including the arraignment, bail hearing, pretrial, and jury or bench trial. However, it’s worth noting that the vast majority of misdemeanor cases never make it to the trial stage. Your defense lawyer could negotiate with the prosecutor to have the case dropped or reach an agreement on a plea bargain.
Common California Misdemeanor Crimes
To provide more useful information about misdemeanor crimes, our California criminal defense attorneys have compiled a list of the most commonly charged misdemeanors in the state. These include:
Penal Code 240 – Assault
Penal Code 242 – Battery
Penal Code 314 – Indecent Exposure
Penal Code 484(a) – Petty Theft
Penal Code 459.5 – Shoplifting
Penal Code 243(e)(1) – Domestic Battery
Penal Code 273.6 – Violation of Restraining Order
Penal Code 415 – Disturbing the Peace
Penal Code 602 – Trespassing
Penal Code 647 – Disorderly Conduct
Penal Code 647(b) – Prostitution
Penal Code 647(f) – Public Intoxication
Penal Code 496 – Receiving Stolen Property
Vehicle Code 23152 – Driving Under the Influence
Vehicle Code 23103 – Reckless Driving
Vehicle Code 14601 – Driving on Suspended License
Health and Safety Code 11350 – Drug Possession
The standard penalty for a misdemeanor crime is up to one year in county jail and/or a fine up to $1,000. However, unless the code states otherwise, any offense considered a misdemeanor will have county jail time of up to 6 months.
Probation for a Misdemeanor Conviction
Anyone convicted of a misdemeanor offense is usually placed on probation and subjected to several