misdemeanor | california misdemeanor | Los Angeles misdemeamor attorney

CALIFORNIA MISDEMEANOR LAW

Penalties • Charged • Accused • Convicted

Los Angeles Criminal Defense Attorney
California Misdemeanor Lawyer

Misdemeanor Criminal Defense
In California, criminal offenses are classified as infractions, misdemeanors or felonies.

Infractions, such as traffic violations, are punishable by a fine and no jail time.

Misdemeanor crimes are considered more serious than infractions but less serious than felonies, and carry a punishment of less than 1 year in jail and a fine of up to $1,000.

Felonies are serious offenses that generally carry a jail sentence (possibly state prison) of one year or more.

California Misdemeanor Law
Misdemeanors are usually charged by a written complaint or “information” (formal charges without a grand jury). Typically the complaint is mailed to the accused by the prosecutor’s office requesting their presence in court at a specified date.

While misdemeanor charges may be considered minor, being accused and/or convicted can have devastating lifelong effects.

Misdemeanor examples include:

DUI (driving under the influence)/DWI (driving while intoxicated): 1st , 2nd, or 3rd offense, no injuries
Trespass
Petty Theft/Shoplifting
Disorderly Conduct
Obscene Matter
Probation Violations

Unlicensed Driver
Gambling
Solicitation of Prostitution
Violation of Restraining Orders
Reckless Driving
Assault and Battery (no or minimum injury)
Domestic Violence

Elevating Misdemeanors to Felonies
If the prosecutor alleges a prior similar act, he/she may elevate a simple misdemeanor to a felony with the possibilities of increased jail time and a state prison sentence. Examples of these offenses include:

Petty Theft
Domestic Violence
Violation of a Domestic Violence Order
Drunk Driving (DUI/DWI) with 3 priors in 10 years
Indecent Exposure
Loaded Firearm in a Public Place

Whether a crime is charged as a misdemeanor or a felony depends on the seriousness of the crime, injuries to the victim, and the defendant’s prior criminal record.

Misdemeanor Sentencing: Penalties and Consequences
If a defendant is convicted of a misdemeanor, either by a plea or a jury trial, the court can impose probation (informal) with or without jail time, community service, physical labor, counseling, restitution (paying the victim), fines ($200 to $2,000), and “stay-away” orders.

A conviction also results in the person having a permanent criminal record.

The Right Defense Attorney Makes All the Difference
Even in a misdemeanor case, it’s important to have strong criminal defense representation. An experienced, knowledgeable and skilled attorney will reduce your chances of going to JAIL and in some cases reduce the charges all together.

Stephen G. Rodriguez specializes in defending those accused of misdemeanors and felonies. His team has an outstanding record of obtaining alternative sentencing and reduced sentences, and expunging records (erasing charges) for their clients.

Frequently Asked Questions

1. Do I need an attorney for a misdemeanor?

Yes! Representing yourself puts you at a major disadvantage, and a misdemeanor conviction results in a criminal record, which can affect your future employability. Most companies don’t hire candidates with a criminal background. For the best outcome, please contact a knowledgeable and experienced criminal defense attorney such as Stephen G. Rodriguez.

2. What can I do if I am falsely accused of crime?

Do not attempt to talk your way out of the charges or represent yourself in court! Even innocent people end up in jail. Your first step is to secure a knowledgeable and experienced criminal defense attorney who knows his way around the criminal justice system and can talk to the prosecutor and the judge on your behalf.

3. If I intend to plead guilty, why do I need an attorney?

You need an attorney to ensure that your sentence is minimized. An experienced criminal defense attorney may reduce your chances of going to jail by negotiating a better plea and or a reduction of the charges, depending on the offense and your prior criminal history.

4. Should I listen to the advice of friends, relatives, or police officers?

Absolutely not! These people are not experts and are probably not familiar with the prosecutor or judge handling your case. Each case is different and must be reviewed in its entirety. Only after a thorough analysis by an experienced criminal defense attorney can you have a better idea of how the case can be resolved.

5. Am I facing jail time on a misdemeanor count?

Misdemeanors carry a maximum punishment of 1 year. Your jail time will depend on your previous criminal record, case facts, the victim’s attitude toward you, outstanding restitution, and whether you’re on probation. In some cases, jail can be substituted by community service or CalTrans (physical labor).

Contact Stephen G. Rodriguez & Associates
for a free consultation.

Law Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071

Telephone
(213) 223-2173

Los Angeles criminal defense attorneys Stephen G. Rodriguez and Associates represent clients in the Los Angeles county area, which include, Airport Courthouse, Alhambra Superior Court, Antelope Valley Court, Bellflower/Cerritos Courthouse, Beverly Hills Court, Burbank Courthouse, Catalina Courthouse, Central Arraignment Court, Central Civil West Courthouse, Chatsworth Court, Criminal Courts Building/Clara Shortridge Foltz Criminal Justice Center, Compton Superior Court, Culver City Court, David V. Kenyon Juvenile Justice Center, Downey Courthouse, Eastlake Juvenile Court, East Los Angeles Court, El Monte Courthouse, Glendale Courthouse, Hollywood Court, Inglewood Courthouse, Inglewood Juvenile Courthouse, Long Beach Superior Court, Los Padrinos Juvenile Courthouse, Central District Court (Downtown Los Angeles Federal Court), Malibu Court, Mental Health Courthouse, Metropolitan Courthouse, Norwalk Superior Court, Pasadena Superior Court, Pomona Courthouse North, Pomona Courthouse South, Redondo Beach Courthouse, San Fernando Court, San Pedro Court, San Pedro Courthouse Annex, Santa Clarita Court, Santa Monica Court, Stanley Mosk Courthouse, Sylmar Juvenile Court, Torrance Superior Court, Van Nuys Courthouse East, Van Nuys Courthouse West, West Covina/Citrus Court, West Los Angeles Court, and Whittier Superior Court.

Some of the terms that pertain to our practice include, but are not limited to: dui, child abuse, identity theft, drunk driving, fraud, domestic violence, grand theft, felony, kidnapping, narcotics, robbery, misdemeanors, restraining order, TROs, arrest warrant, theft, hit and run, vandalism, arson, shoplifting, stalking, cyber stalking, embezzlement, burglary, extortion, bench warrant, expungement, criminal threats, sex crimes, solicitation, probation violation, suspended license, carjacking, gun weapon, attempted murder, petty theft, alternative sentencing, lewd conduct, drug possession, clear criminal record, juvenile offense, seal juvenile records, prostitution, rape, bail, criminal appeal, assault, battery, attempted murder, solicitation for prostitution, criminal threats, trespass, commercial burglary, residential burglary, theft crimes, credit card fraud, violent crimes, proposition 36, perjury, murder, attempted murder, three strikes, prostitution, rape, statutory rape, receiving stolen property, forgery, vandalism, weapons, gun charges, vehicular manslaughter, disorderly conduct, drug diversion, DEJ, grand theft, grand theft auto, house arrest, electronic monitoring, marijuana, conspiracy, petty theft with prior, attempt crimes, drug offenses, bribery, blackmail, child abuse, and bench warrant.

CALIFORNIA MISDEMEANOR LAW Penalties • Charged • Accused • Convicted

CALIFORNIA MISDEMEANOR LAW

Penalties • Charged • Accused • Convicted