near me
Misdemeanor Crimes In California - Things You Need To Know

MISDEMEANOR CRIMES IN CALIFORNIA – THINGS YOU NEED TO KNOW

Los Angeles Criminal Defense Lawyer

In California, crimes are categorized into different levels: infractions, misdemeanors, and felonies. While felony charges are the most severe and entail harsher penalties, this blog will focus on misdemeanor crimes in California. It will provide an in-depth analysis of how courts and prosecutors handle these cases within the criminal case process.

Being accused of a crime in California is usually very stressful because most defendants have never been involved with the criminal justice system before. When this happens, it’s normal for them to have a lot of questions about the specific crime they have been accused of.

There are certain crimes known as “wobblers” that can be charged as either a misdemeanor or a felony. The decision of whether to pursue a misdemeanor or felony crime charge is typically determined by the prosecutor, taking into consideration the specific details of the case and the defendant’s criminal background.

WHAT IS THE MAXIMUM PENALTY FOR A MISDEMEANOR IN CALIFORNIA?

The maximum penalties for misdemeanors in California include:

  • For standard misdemeanors: Up to 6 months in jail.
  • For gross/aggravated misdemeanors: Up to 364 days in jail
  • Fine of up to $1,000, in addition to court costs

Los Angeles County courts typically impose sentences at the lower end of the penalty range unless there are exceptional circumstances. While it is commonly stated that misdemeanors carry a potential sentence of “up to 1 year” in county jail, the maximum sentence allowed is 364 days since January 1, 2015.

See also  CALIFORNIA PENAL CODE 136.2 PC - CRIMINAL PROTECTIVE ORDERS

COMMON CALIFORNIA MISDEMEANOR CRIMES

  • Penal Code 240 – Assault
  • Penal Code 242 – Battery
  • Penal Code 314Indecent 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

PROCESS AFTER A MISDEMEANOR ARREST

In California, misdemeanor cases typically progress through the following stages:

  • Arrest by law enforcement
  • Arraignment, which involves formal charging and entering a plea
  • Bail hearing, where the court determines if bail is necessary
  • Pretrial phase, which includes processes such as discovery and motions to dismiss or exclude evidence
  • Jury trial or bench trial, where the case is presented to a judge or jury
  • Appeal, which can be pursued if there is a disagreement with the outcome.

However, it is important to note that not all cases will go through every stage. Some cases may be dropped if the evidence is weak or if a motion to suppress evidence is granted by the court. Additionally, it is possible for the prosecution and the defendant to reach a plea bargain agreement at any point during the process.

Please keep in mind that these stages may vary depending on the jurisdiction and specific circumstances of the case.

IS IT POSSIBLE TO EXPUNGE A MISDEMEANOR FROM YOUR RECORD IN CALIFORNIA?

Under California law, a majority of misdemeanor crimes can be expunged, with the exception of misdemeanor sex crimes committed against children, such as specific charges of statutory rape under California Penal Code 261.5 PC.

See also  CALIFORNIA PENAL CODE § 197 PC – JUSTIFIABLE KILLING IN SELF-DEFENSE

For a misdemeanor to be eligible for expungement, the following conditions must be met:

  • The individual must have successfully completed probation;
  • The individual must not be charged with, on probation for, or serving a sentence for any criminal offense.

Furthermore, if an individual undergoes expungement of their misdemeanor, they are not obligated to disclose their previous conviction when questioned about their criminal history during a job application or interview.

IMMIGRATION CONSEQUENCES

Most misdemeanors would result in deportation for non-citizens, except in cases involving drugs, firearms, or domestic violence.

In accordance with U.S. law, individuals may face deportation if, within five years of gaining admission to the United States, they commit a crime that qualifies as “moral turpitude” and can lead to a sentence of one year or more.

As of January 1, 2015, the maximum penalty for a misdemeanor in California is 364 days, which is less than one year. Therefore, a conviction for a single misdemeanor in California no longer falls under the category of a crime of moral turpitude that would result in deportation.

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you have been charged with a misdemeanor crime, it is important to seek legal advice from our Los Angeles criminal defense attorney, Cyrus Tabibnia at Tabibnia Law Firm. With over 18 years of experience, he possesses the expertise to effectively defend individuals facing misdemeanor offenses. He is skilled in negotiating in the courtroom and can work towards reducing or dismissing charges.

Getting prompt assistance from Tabibnia Law Firm can significantly impact the outcome of your case. Through the prefiling intervention process, our attorney may negotiate with the prosecutor to prevent the formal filing of criminal charges. With his extensive knowledge of criminal law, he is familiar with the local prosecutors and judges across all Los Angeles County criminal courthouses.

See also  CALIFORNIA PENAL CODE 17B PC - HOW TO REDUCE FELONY TO MISDEMEANOR

To obtain more information about your misdemeanor crime and ensure that your rights are protected, we encourage you to contact Cyrus Tabibnia, our criminal defense lawyer at Tabibnia Law Firm. Schedule an initial consultation to have your case thoroughly evaluated. Feel free to call at 866-713-2159. Your legal representation is only a phone call away.

Cyrus Tabibnia

Cyrus Tabibnia

Cyrus Tabibnia, also known as Shahrooz Tabibnia, is a criminal defense lawyer in Los Angeles, California. With a law degree from Loyola Law School, Los Angeles, he has been practicing law since 2005 and holds license #237348. With over 18 years of experience, Cyrus specializes in various misdemeanor and felony criminal Law including Domestic Violence, Theft Crime, Sex crime, DUI & DWI, Personal Injury, Employment Law, and Cannabis & Marijuana Drugs Law. Being bilingual in English, Persian, and Spanish enables him to effectively communicate with a diverse range of clients. From 2014 to 2018, he served as a board member of the Iranian American Bar Association. An expungement attorney in Los Angeles who can assist you in clearing your criminal record in the state of California.

    Get A Case Review Today

    Please prove you are human by selecting the tree.

    EXCELLENT rating
    Based on 39 reviews
    I would like to sincerely thank my attorney Cyrus Tabibnia and the Tabibnia Law firm for everything you have done for me and my family. Highly satisfied customers and excellent service is what you want when you hire an attorney. I was always treated with respect, if I needed anything or had any questions or concerns Mr. Tabibna was always available. I give a five-star rating as one of his clients and would honestly give a ten-star review if I could, because he is an awesome attorney worth every penny. I would highly recommend to anybody looking for a criminal defense attorney that Cyrus Tabibnia and his law firm be the one you consider
    Pharroh Knight
    Pharroh Knight
    2 April 2024
    Thank you for being so generous with your time and expertise and providing a legal consult! We really appreciate it
    Eli Elay
    Eli Elay
    6 February 2024
    My family had an urgent matter late on a Friday night. Cyrus took our call at 10p, listened to our situation, and answered all our questions. He was thorough in his explanations and addressed our concerns. What we appreciated the most was that he was not pushy and walked us through different approaches for our situation. We have not needed legal representation yet, but with Cyrus’ flexibility, transparency, and straight forwardness, we would highly recommend him.
    MICHELLE ROMAN
    MICHELLE ROMAN
    14 December 2023
    I had a DUI charge where I was having difficulties having an attorney give me the time of day to hear me about my case. I called different places and finally found Cyrus Tabibnia Law Firm a criminal Defense Attorney. I called him and he promptly returned my call. He sat down with me and listened to me, he understood my situation and gave me the peace of mind that lifted the stress I was going threw off my shoulders. He took control and walked me through everything. He explained the process of what to expect and what to do. Whenever I needed to talk to Cyrus, he made himself available to me. I was happy with the outcome of my case and would definitely recommend anyone to give Cyrus Tabibnia a call if they need a dependable criminal attorney to represent them.
    E T
    E T
    19 November 2023
    Mr. Cyrus Tabibnia has been outstanding in his knowledge and work related to legal matters. I have very much appreciated working with you.
    Rinah
    Rinah
    14 November 2023
    I have appreciated working professionally with Mr. Cyrus Tabibnia and his law firm on various cases that will assist his clients.
    Roxanna Rahban
    Roxanna Rahban
    14 November 2023
    Excellent Attorneys AND Customer service. They were patient, kind, and incredibly clear in their communications regarding my case and followed up promptly at each step of the process. I felt seen, heard and valued as a client and highly recommend this firm to anyone who is looking for kindness, professionalism and great results.
    Alexandra Sophia Marsalis
    Alexandra Sophia Marsalis
    14 November 2023
    Dedicated Attorney I have had the privilege of knowing attorney Cyrus Tabibnia since 2010, when he used to be a dedicated Board member at our local Bar Association in Los Angeles. He has always been respected by his colleagues for his legal contribution to the members of the Bar Association. While interacting with him professionally, I have found him to be a man of integrity, a competent counsel and zealous advocate for his clients in a variety of civil and criminal cases. Despite his busy professional schedule, Cyrus adheres to his family values and keeps his precious friendship with the rest of us. I am honored to call Cyrus a colleague and endorse him for the services that he offers to the public.
    Zaher Fallahi
    Zaher Fallahi
    14 November 2023
    I endorse the Tabibnia Law Firm. Mr. Tabibnia is colleague and staunch professional. He is clearly dedicated to his clients, craft, and practice. Do not hesitate to reach out to Mr. Tabibnia for services.
    Daniel Forouzan
    Daniel Forouzan
    10 November 2023

    Recent Posts

    Practice Areas

    Locations We Serve