near me
WHAT IS THE DIFFERENCE BETWEEN A MISDEMEANOR AND A FELONY?

WHAT IS THE DIFFERENCE BETWEEN A MISDEMEANOR AND A FELONY?

In California, criminal charges are divided into three broad categories: infractions, misdemeanors and felonies. While the type of charge is a factor in determining what penalty you might face if convicted, it is by no means indicative of whether or not you should seek legal counsel.

For example, Anyone who has received a traffic ticket might want to consult with a Santa Clarita traffic attorney, in cases where: they feel that the infraction was unwarranted; their license could be suspended if they receive another citation; or, it would cause them to lose their jobs or make insurance more expensive.

In California, anyone charged with a misdemeanor or felony should consult an attorney as soon as possible. Because we believe everyone should have access to quality legal advice, the Law Offices of Tabibnia Law Firm offers a free initial consultation to anyone facing an infraction, felony or misdemeanor charge in the Los Angeles area.

TYPES OR CATEGORIES OF CRIMES

Los Angeles Criminal Defense LawyerThe criminal justice systems of most U.S. states divide their crimes into different categories based on the severity of each offense.
The major legal categories are infractions, misdemeanors and felonies. However there may be different levels within the category of each crime (such as first-degree murder). The major categories are usually defined by the amount of jail time that is possible for a given offense. It is important to understand how the court system treats a particular case in order to know what differences exist.
Generally speaking, when trying to figure out the difference between a misdemeanor and a felony, you can look at the maximum potential jail time for each.

WHAT’S AN INFRACTION?

There is usually no jail time associated with an infraction, which means it will not appear on your criminal record.
If convicted, the defendant will likely face only a fine as punishment. However, federal law classifies an infraction as a crime punishable not more than five days in jail.
In addition to traffic tickets, other offenses may also be considered infractions.

For example: trespassing, littering and disturbing the peace are all petty offenses. When a police officer sees someone breaking the law, he or she can issue a ticket. The person will be required to pay a fine, but the amount of time that he or she spends in jail is usually minimal.

However, if an infraction goes unaddressed or unpaid, it can turn into a more serious crime.
It is not uncommon for a traffic violation to have different classes (moving violations, non-moving violations and other petty offenses). There are typically stricter penalties for more serious offenses than for lesser ones within a given category.

See also  PROTECTIVE ORDER VS RESTRAINING ORDER CALIFORNIA: WHAT’S THE DIFFERENCE?

FELONY CRIMES IN CALIFORNIA

In the state of California, any crime that can be punished by imprisonment for more than one year is considered a felony. This fact is what distinguishes a misdemeanor from a felony offense.
Many people who are arrested for a felony have no prior experience with the criminal justice system. They do not understand how the case process works in California and often make mistakes that can harm their defense. In California, felonies and misdemeanors are the two main classifications of crimes.
A felony conviction—in addition to any state prison sentence, large fines and other penalties that may be imposed by the court — can disqualify you from many jobs; prevent you from living in certain neighborhoods or gaining access to professional licenses.

For example, if someone has been convicted of a number of felonies in California, he or she may be subject to additional sentencing under the state’s three strikes law.

A felony conviction can make it difficult to obtain certain types of employment or professional licensing. In addition, convicted felons are prohibited by law from owning or possessing firearms. A felony conviction can also lead to the loss of civil rights, such as voting and holding public office. In order to avoid a felony conviction, you need an experienced criminal defense attorney. You will need an experienced criminal defense lawyer who have the skills to negotiate with prosecutors for reduced charges or dismissal of cases. Certain crimes, known as straight felonies, can only be charged and sentenced as felony offenses and cannot be reduced to misdemeanor charges.
These crimes are the most serious, and will count as a “strike” on your record if you commit one that is serious enough. Some felonies that are commonly prosecuted in California include murder under Penal Code section 187, rape under Penal Code section 261, and first-degree burglary (also known as home invasion) under Penal Code section 459. People convicted of these serious felony crimes are often sentenced to state prison in California. Our California criminal defense attorneys have compiled this overview of felony crimes to provide readers with more useful information.

See also  QUESTIONS TO ASK BEFORE HIRING A CRIMINAL DEFENSE ATTORNEY

COMMON CALIFORNIA FELONY CRIMES

People who are charged with felony crimes will go through a preliminary hearing, during which the prosecutor has to demonstrate that there is probable cause for the charges against them. At this stage of the case, witnesses and evidence can be challenged by both sides. Common felony charges include:

MISDEMEANOR CRIMES IN CALIFORNIA

Many people charged with misdemeanors make the mistake of not seeking legal advice from experienced criminal defense attorneys.
People who face misdemeanor charges often have little experience with the legal system, never having been in trouble before. They may not realize that defense lawyers are necessary even for lesser offenses like misdemeanors.
However, the penalties for a California misdemeanor conviction can be very serious—up to one year in jail, fines and other costs. In addition, you may have to serve time on probation or face additional criminal charges due to your prior record.
Tabibnia Law Firm offers a free consultation to anyone facing misdemeanor charges. We understand that a criminal charge can be embarrassing and devastating. A criminal conviction can have a major impact on your life and future, preventing you from getting a job or even renting an apartment.

See also  WHAT TO DO IF YOU HAVE AN ARREST WARRANT IN CALIFORNIA?

MISDEMEANORS HANDLED BY CRIMINAL ATTORNEY INCLUDE:

  • DWI/DUI (VC 23152(a) 23152(b))
  • Domestic Violence/Domestic Battery (PC 243(e)(1))
  • Petty Theft (PC 484 & 488)
  • Shoplifting
  • Public Intoxication
  • Receiving Stolen Property (PC 496)
  • Disorderly Conduct
  • Probation Violations
  • Solicitation of Prostitution (PC 647(b))
  • Prostitution (PC 647(b)
  • Reckless Driving
  • Assault and Battery (PC 240 & 242)
  • Trespassing (PC 602)
  • Drug Possession
  • Indecent Exposure
  • Violation of a Protection Order
  • Disturbing the Peace
  • Drunk in Public (PC 647(f)

If you are facing a criminal charge, contact Criminal Defense Attorney at Tabibnia Law Firm for a free consultation to discuss your rights.

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 star.

    EXCELLENT rating
    Based on 33 reviews
    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
    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 consulted Cyrus Tabibnia on a civil legal matter / tenant matter and he provided very helpful legal guidance. He's quite knowledgeable and experienced, as well as professional and genuinely concerned. I highly recommend Tabibnia law firm.
    shay khan
    shay khan
    28 September 2023
    Let’s be real needing a Criminal Defense Attorney is always unexpected and stressful. If the unexpected happens call Cyrus, he is extremely knowledgeable and professional. Grateful we had Cyrus on as a defense Attorney!
    Isaac Lopez
    Isaac Lopez
    18 September 2023
    Several years ago, I was contending with a serious legal issue. Out of the blue, I became aware that a corporation had obtained a large civil money judgment against me, in court, and on a case I was not aware of. When I became apprised of the judgment and the company's efforts to enforce the debt against me, I became angry and concerned. How would this case and judgment affect my financial future? Was there any way to fix this? I approached several other attorneys for assistance, but they all said the same thing: that because the judgment was over a year old (almost 2 years old, actually) it would be extremely difficult, if not impossible, to remove the judgment and to re-open the case. Given what other attorneys had told me about my case, I was not hopeful. But I decided to turn to and hire the Tabibnia Law Firm because I was aware of their strong reputation in both civil law matters and criminal defense cases. Mr. Tabibnia went out of his way to fight for me. To my great surprise, he convinced the court to set aside the judgment against me and to re-open the case. And months after getting the case re-opened, I was astonished when he then got the case completely dismissed! So, I went from having a large money judgment against me to getting the judgment removed and case dismissed in a matter of months. Throughout the process, I found Mr. Tabibnia to be honest, aggressive, competent and extremely fair with his fees. Most importantly, he kept me informed throughout the case. I cannot recommend the Tabibnia Law Firm highly enough.
    Arian T
    Arian T
    27 August 2023
    Hello Mr. Attorney Shahruz Tabibnia. I Wanna To Say All People..!! Mr. Attorney Shahruz Tabibnia Is Amazing Profecianal Attorney With High Knowledge.!! Mr. Shahruz Tabibnia Is Very Honest And Espricual Attorney.!! I Had Very Hard Case In The Court But Mr. Shahruz Tabibnia With His Knowledge And His High Experience Helped Me To Become Winner My Case In The Court.!! I'm Really Appriciated Mr. Shahruz Tabibnia. Thank You For Help Me To Winner My Case.!! I Look Forward To Work With You . Best Regards. Mike P.
    Mike Panadar
    Mike Panadar
    24 July 2023
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023

    Recent Posts

    Practice Areas

    Locations We Serve