Misdemeanors are also serious crimes (e.g. drunk driving, petty theft, hit and run, etc.) and can be punishable by imprisonment in the county jail for up to one year and a fine of up to $1,000.00. A person charged with a misdemeanor offense (or an infraction) may avoid appearing in court by hiring an attorney. The attorney can make all appearances for the defendant by submitting the proper court forms.
Collateral Consequences
Misdemeanor conviction may have collateral consequences to a person with professional certifications and licenses. Depending on their profession and the nature of a conviction, such a person can loose their livelihood.
Sentencing
Sentencing guidelines for most misdemeanors is typically found with the code section defining the crime. If the crime is defined as a misdemeanor but the punishment is not specified, the maximum jail time is six months. Often times an attorney can convince a judge not to order any jail time, especially when it is the defendant's first offense or there is grounds of good cause shown.
Plea Bargain
Frequently, your attorney may negotiate a "plea-bargain" or reduction of an offense or compromise on the proposed punishment to avoid more serious consequences. Some crimes (such as theft) are known as "wobblers" and can be charged and punished as felonies or misdemeanors.
Civil Compromise
In the case of a crime where there is a "victim", (e.g. shoplifting, assault/battery, trespass etc.) your attorney can request the court dismiss your case on a civil compromise. Sections 1377 and 1378 of the Penal Code permit a defendant to have a criminal proceeding permanently stayed or dismissed if the victim of the crime appears before the judge (generally done by declaration) and acknowledges receipt of satisfaction for the "injury" and the court agrees to the compromise.
Diversion
Some offenses (e.g. under the influence of drugs etc.) may be eligible for "deferred entry of judgment" or "diversion." These provisions permit someone who has pled guilty or no contest to a drug charge, to complete a drug awareness program and have the underlying criminal case dismissed after 18 months. If the defendant fails to successfully complete the program, however the court will not dismiss the original charge and can impose a jail sentence, fines, and other penalties.
Probation
If someone is convicted of a misdemeanor, the court can either grant or deny probation. Probation generally lasts for 3 years. In offenses involving crimes such as, child endangerment, domestic violence or being under the influence of drugs, probation may be for 5 years. The court, in its discretion, could order that jail time be served in a home detention (house arrest or electronic-monitoring) program. Community service hours may be imposed in lieu of a fine.
Dismissal
Following disposition of a misdemeanor criminal matter, an attorney for a defendant may request that the court set aside and dismiss the case, pursuant to Penal Code section 1203.4, 1, thereby releasing the defendant from its penalties and disabilities. If probation was imposed, the defendant must have successfully completed the terms of probation. If probation was not granted, the defendant must complete the sentence of the court and wait a year before filing a petition. The defendant must also prove that he/she is living an honest life and has not had any other subsequent arrests or convictions. The court will not grant an expungement on a felony conviction unless it is first reduced to a misdemeanor.
Expungement
Expungement does not have the effect of sealing the arrest record. The "conviction", which is set aside, can be pled as an enhancement in future prosecutions. Defendants must still disclose the arrest and proceedings when applying for certain professional licensing or government jobs.
Although section 1203.4 confers the benefit of expungement to a defendant who successfully fulfills the conditions of probation, the statute does not operate automatically. A defendant must petition the court for such expungement. Only misdemeanors and certain felonies qualify for expungement. Law Office of Renée Nordstrand will assist you with obtaining an expungement.
Appeal
Appeal is a request for a court to review a decision. If granted, the lower court or administrative agency can be required to modify one of its orders. A petition for writ has strict filing parameters and must be filed in a timely manner.
Infractions are minor offenses such as traffic violations. Infractions are punishable by a fine and penalty assessments (court costs). No jail time can be imposed by the courts for an offense classified as an infraction.
Felonies are the most serious offenses (e.g. robbery, grand theft, drug possession and/or sales, burglary, etc.) and can be punishable with significantly high fines and imprisonment in the state prison for a period of years. Capital crimes (e.g. murder) can be punishable by death.
Unless specifically precluded by the law, a judge can sentence a convicted felon to probation. The court may require the defendant, as a term and condition of probation, to serve local jail time (less than one year), pay fines, complete community service, and pay restitution.
When a crime may be charged as either a felony or a misdemeanor, it is called a "wobbler".
Sentencing issues which may come into play when a defendant is sentenced for committing a crime include victim restitution, alcohol and drug programs and sex or drug offender lifetime registration with the local police agency.
This law provides three possible terms of imprisonment, a low, middle and high term. Generally the middle term is the appropriate sentence unless the court makes findings on the record (stated in open court) that justify the higher or lower term. If a crime is classified as a felony, but the statute does not provide a specific sentencing range, then the crime can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years, plus any enhancements.
A defendant sentenced on a felony may be sent to State Prison or, if addicted to drugs, to the California Rehabilitation Center. A minor can be sent to the California Youth Authority.
