Know Your Options: CA Misdemeanor Sentencing Guidelines (2024)

Misdemeanor Crimes in California

Facing criminal charges in California can be a daunting experience, especially for those unfamiliar with the legal system. Many defendants have numerous questions about the nature of the charges against them.

According to EG Group, in California, crimes are classified into different levels, including infractions, misdemeanors, and felonies. Felony charges are the most severe and carry substantial penalties [1]. However, this article focuses on misdemeanor crimes and how the courts and prosecutors handle such cases in the criminal justice process.

Certain California crimes are known as “wobblers,” meaning they can be charged as either misdemeanors or felonies. The decision on how to charge a wobbler typically depends on factors such as the circumstances of the case and the defendant’s criminal history.

In simple terms, a misdemeanor crime is less serious than a felony crime and doesn’t carry any potential to be sentenced to a California state prison. A misdemeanor is described as a crime where the maximum sentence is no longer than one year in a county jail and a fine up to $1,000 – the agency stated.

An aggravated misdemeanor, on the other hand, can result in up to one year in a county jail and a fine exceeding $1,000. Additionally, individuals convicted of misdemeanors may be placed on probation for three to five years. Misdemeanor cases may be prosecuted by either the Los Angeles City Attorney or the District Attorney’s Office, depending on the location of the crime.

Following an arrest for a misdemeanor in California, the case proceeds through various stages of the criminal justice process, including arraignment, bail hearings, pretrial proceedings, and potentially a jury or bench trial. However, the majority of misdemeanor cases are resolved before reaching trial. Defense attorneys often negotiate with prosecutors to have charges dropped or reach a plea bargain agreement.

Also Read: Do Misdemeanor Cases Go To Trial?

California Misdemeanor Sentencing Guidelines

According to the SCLG group, the penalties imposed for a California misdemeanor will typically vary depending on whether the crime is a standard or an aggravated misdemeanor [2].

Typically, standard misdemeanors in California carry penalties including:

• Up to six months of county jail time (as opposed to a state prison sentence)
• A fine of up to $1,000.

These penalties are generally outlined in California Penal Code 19 PC, providing guidelines for standard misdemeanor sentences.

Aggravated or gross misdemeanors, on the other hand, can result in:

• County jail sentences of up to 364 days
• Fines of up to $1,000 or more.

The statutes governing gross misdemeanors usually specify the maximum sentence that a judge may impose for these offenses.

It’s important to note that judges typically refrain from imposing sentences at the maximum range authorized by law unless certain factors are present, such as a criminal history, use of a weapon, or causing serious injury to a victim.

In contrast, felony convictions in California can lead to much harsher penalties, including prison sentences of up to three years or longer, along with substantial fines. Felony sentences generally carry more severe consequences compared to misdemeanor convictions.

Also Read: Infraction vs. Misdemeanor California

Examples of Misdemeanor Crimes in California

Many different crimes can be categorized as a misdemeanor under California state law. Some examples of misdemeanors include:

• Drug Possession
• Public Intoxication
• Indecent Exposure
• Petty Theft
• Prostitution
• Shoplifting
• Trespassing
• Vandalism
• Disorderly Conduct
• Domestic Battery
• Driving with a Suspended License
• Violating a Restraining Order
• DUI

Also Read: Expunge Your California Misdemeanor

Penal Code 19 PC – Misdemeanor Penalties in California

California enforces specific penalties for misdemeanor convictions, encompassing fines, jail time, probation, and additional sanctions.

According to CIS Group, penal Code 19 PC serves as the primary statute outlining misdemeanor penalties in the state. However, it provides a broad framework for sentencing, with actual penalties determined by various factors such as the offense’s severity, the defendant’s criminal history, and other relevant considerations [3].

In California’s legal system, offenses are categorized into infractions, misdemeanors, and felonies. Infractions are minor violations that do not constitute a crime, while misdemeanors represent offenses more serious than infractions but less severe than felonies.

Under Penal Code 19 PC, misdemeanor penalties in California typically include:

• Up to six months in county jail
• Fines of up to $1,000

However, first-time offenders usually do not face jail time, and the majority of misdemeanor cases are resolved without going to trial.

Penal Code 19 PC stipulates, “Every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both”.

In addition to fines and jail time, misdemeanor convictions may entail other penalties mandated by state laws. These penalties may include restitution payments, completion of community service hours, or enrollment in diversion programs tailored to specific offenses.

For instance, first-time DUI offenders under Vehicle Code 23152 VC often receive probation and are required to attend DUI school, along with facing a driver’s license suspension.

Similarly, individuals charged with first-time drug possession offenses under Health and Safety Code 11350 HS may be eligible for diversion programs. Upon program completion, their criminal charges may be dismissed and sealed.

Understanding the potential penalties and legal options available is essential for individuals facing misdemeanor charges in California.

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• When Is Vandalism Considered A Misdemeanor?

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FAQs

1. What Are the Typical Penalties for Misdemeanor Offenses in California?

Typical penalties for misdemeanors in California include fines, probation, community service, and jail time up to one year, depending on the severity of the offense.

2. How Does the California Legal System Classify Misdemeanors?

California classifies misdemeanors into two categories: standard misdemeanors, punishable by up to six months in jail, and aggravated misdemeanors, punishable by up to one year in jail.

3. Can a Misdemeanor Conviction Be Expunged From a Person’s Record in California?

Yes, a misdemeanor conviction can be expunged from a person’s record in California, allowing individuals to clear their criminal record under specific legal conditions and eligibility criteria.

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References:

1. https://www.egattorneys.com/criminal-case-process-california/misdemeanor-crimes-in-california
2. https://www.shouselaw.com/ca/blog/california-misdemeanor-sentencing-guidelines/
3. https://www.cronisraelsandstark.com/misdemeanor-penalties