Understanding Infractions in California

According to the LAA, an infraction in California is a minor offense that cannot lead to jail time [1].

These offenses are often related to traffic violations and minor indecent behavior, such as:

Speeding
Making an unsafe U-turn
Driving without a seatbelt
Littering
Disturbing the peace

Infractions vs. Misdemeanors and Felonies

More severe offenses, including crimes of violence like assault and battery or property crimes like theft, are classified as misdemeanors or felonies. Infractions are generally considered victimless crimes that could have posed a danger but resulted in no harm, thus incurring less severe penalties

Common Infractions in California

Exhibition of Speed
California Vehicle Code 23109: Prohibits racing on state roads unless the contest lasts over 20 minutes without exceeding the speed limit. This can also be charged as a misdemeanor.

Speeding
California Vehicle Code 22350: Prohibits driving over the posted speed limit or at speeds not reasonable for current road conditions. Multiple violations can lead to fines up to $1,000 and license suspension.

Failure to Appear for a Traffic Violation
California Vehicle Code 40508: Failing to appear in court for a traffic infraction can be a “wobbler,” potentially leading to a misdemeanor charge.

Failure to Stop for a School Bus
California Vehicle Code 22454: Requires drivers to stop when a school bus is loading or unloading children, indicated by extended mechanical arms, stop signs, and flashing lights.

Failure to Yield the Right-of-Way to a Pedestrian
California Vehicle Code 21950: Mandates yielding to pedestrians in marked crosswalks or unmarked crosswalks at intersections.

Passing on a Double Yellow Line
California Vehicle Code 21460: Requires drivers to stay on the right side of roads with double yellow lines, prohibiting crossing the median.

Littering
California Penal Code 374.4: Prohibits discarding small quantities of waste in public places or on personal property if it creates a public health, safety hazard, or nuisance.
Understanding these distinctions and common infractions can help drivers navigate California’s legal landscape and avoid penalties.

Understanding Misdemeanors in California

A misdemeanor in California is more serious than an infraction but less severe than a felony. Common examples include vandalism, trespassing, and disorderly conduct. If charged with a misdemeanor, it will result in a criminal record.

Penalties for Misdemeanors
Penalties for misdemeanors vary based on the offense’s severity but generally include:

Up to one year in jail.
Fines.
Additional consequences such as registering as a sex offender or losing the right to own a firearm.

Legal Rights and Defense
Because misdemeanors can result in jail time, you have the right to appear before a judge and to have a jury trial. In court, your attorney will likely try to plea bargain your misdemeanor down to an infraction, helping you to avoid jail time, a criminal record, and other negatives that come with having a misdemeanor charge.

Taking proactive steps, such as seeking legal advice, is crucial to navigating these charges effectively. This approach aligns with your interests in staying informed and prepared for legal matters, ensuring you can maintain your daily life and wellness without unnecessary disruptions.

Stages of a Misdemeanor Case in California

Misdemeanor cases in California typically proceed through several stages:

Arrest by law enforcement
Arraignment (formal charging and plea)
Bail hearing
Pretrial phase (including discovery and motions to dismiss or exclude evidence)
Jury trial or bench trial
Appeal

Most cases do not go through all these steps. A case may be dropped if the evidence is weak or if a motion to suppress evidence is granted. Additionally, a plea bargain can be reached at any stage.

Probation for Misdemeanors

Nearly all clients facing misdemeanor convictions in California are eligible for probation without jail time. Misdemeanor probation, also known as summary or informal probation, typically lasts for 364 days unless specified otherwise by the crime statute. During probation, you must comply with certain conditions to avoid jail time.

Conditions of Probation

Conditions of probation can include:

Community service or labor (such as CAL-TRANS roadside work)
Electronic monitoring or house arrest
Participation in counseling or treatment programs
Paying victim restitution

In Los Angeles County, courts are required to grant probation in eligible cases unless there are extraordinary circumstances.

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References:

1. https://www.laattorney.com/infractions.html

Infraction vs. Misdemeanor: California’s Offenses Explained