Misdemeanors

Misdemeanor Charges

Misdemeanor

A misdemeanor charge is any offense where the maximum possible sentence is up to one year in the county jail.  If the maximum sentence is more than a year in the county jail, the charge would be a felony.  If the maximum sentence is only to pay fines, it would be considered an infraction.  

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There are some crimes, known as “wobblers,” which can be charged as a misdemeanor or a felony. The prosecutor will file the charge as a misdemeanor or felony based on the facts of the case, and other factors such as the seriousness of the injury or the monetary value of the loss. Common wobble charges include: DUI with injury (Vehicle Code 23153) domestic violence (Penal Code 273.5 or 243(e)) and theft crimes with prior convictions (Penal Code 666).

California DUI Misdemeanors

Driving under the influence of drugs or alcohol is charged as a misdemeanor as long as no one is injured, and the person does not have a prior felony DUI conviction or does not have three prior DUI convictions within 10 years of this offense.

A first time DUI can be charged if a person is unable to drive with the same care and concern as a sober driver, or if they are driving with a blood alcohol level of 0.08 or higher.  The sentence for a first DUI can be a maximum of six months in county jail, fines and penalty assessments in excess of$5,000, DUI school of up to 9 months, a requirement to have a certificate of insurance filed with the DMV for three years, and a license suspension for up to six months or longer.  

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A DUI with a prior conviction will increase the minimum and maximum sentence of the charges.  A fourth DUI within a 10-year period of time can be filed as a Felony.  

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Vehicle Code 23153 can be filed as a misdemeanor or a felony. The prosecutor will generally decide whether this case is a misdemeanor or felony based on the seriousness of the injury suffered, but there are no specific legal criteria for making this distinction.  

Other California Misdemeanors

Domestic violence (Penal Code Section 273.5 and related codes) may be filed as a misdemeanor or felony, and this decision by the prosecutor is generally guided by the nature or seriousness of the injury or the history of the parties.  A conviction of any domestic violence related offense results in mandatory terms and conditions of the sentence.  A conviction will result in a requirement to attend and complete a 52-week domestic violence offender program, and the probation for owning or possessing a firearm for 10years or more.  

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Drug related offenses can be charged as a misdemeanor if the allegations are possession for personal use, and these misdemeanor charges can often result in a drug diversion program where the accused can attend treatment programs to avoid conviction.  

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Theft related charges are often filed as a misdemeanor ifthe amount alleged to have been stolen is under $950 in most cases.  

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Vandalism is also a common misdemeanor charge, and it can be filed as a felony or a misdemeanor depending upon the amount of damage that was done (or the cost of the repair).  If you are under 21 years of age, a misdemeanor vandalism conviction may result in your driver’s license being revoked for a year or more.

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Key Differences Between Misdemeanor and Felony DUI

Severity of Charges

The severity of DUI charges depends on specific circumstances. A DUI misdemeanor in California typically occurs when the blood alcohol content (BAC) is 0.08 or higher for drivers over the age of 21 and no injuries or accidents were involved. First, second, and third offenses within ten years are usually charged as misdemeanors. However, a DUI becomes a felony if it's the fourth offense within ten years, there is a prior felony DUI conviction, other incident resulted in injuries or fatalities.

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Potential Jail Time

Misdemeanor DUI convictions have shorter jail terms served in county jails. In contrast, felony DUI convictions carry longer sentences instate prison. For example, a fourth DUI within ten years can lead to 16 months to three years in state prison. DUI causing injury may result in two to four years in state prison.  Some of the less serious state prison sentences may be served in the local county jail.

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Impact on Criminal Record

A misdemeanor DUI is a conviction that may be eligible for expungement from your criminal record, under certain conditions. A felony DUI conviction is much more difficult to expunge and can have long-lasting effect son employment, housing, and other aspects of life.

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Court Proceedings

A misdemeanor DUI is handled in misdemeanor courts and generally involves several court appearances, but the proceedings generally move faster than when charged with a felony.  A Felony DUI is tried in two parts, the first part is from arraignment through the Preliminary Hearing, which is a court hearing in which evidence is presented to the Court to show that there is sufficient evidence to believe the offense occurred and you committed it. If the Court holds you to answer on the charge(s), then you are indicted in the Superior Court, and your case would then proceed towards a jury trial on the felony charges.   

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Driving Privileges

A misdemeanor DUI may result in shorter license suspensions with the possibility of obtaining a restricted license for essential travel. A felony DUI leads to longer suspensions, often with no immediate option for a restricted license, and may require an Ignition Interlock Device (IID) upon reinstatement.

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Impact on Civil Rights

Misdemeanor DUI generally does not affect civil rights such as voting or firearm ownership. A Felony DUI can result in the loss of certain civil rights, including the right to vote (while incarcerated) and the right town or possess firearms.  Voting rights impact may vary per state.

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Legal Process for Misdemeanor DUI Cases

The legal process for misdemeanor DUI cases in California involves several stages. Initially, law enforcement detains the suspect and conducts an arrest. During booking, officers record personal information, take fingerprints and photographs, and document the alleged crime. The suspect maybe released on bail or their own recognizance, depending on factors such as criminal history and offense severity (most misdemeanor DUI arrests result in the person being released without having to post bail, but the arrested person will not be released until they are below the legal limit.).

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Court appearances begin with arraignment, where the judge informs the defendant of charges and rights. The defendant then enters a plea: not guilty, guilty, or no contest. It is generally not advisable to enter a plea at your arraignment, prior to reviewing all the evidence that the prosecutor has to present against you.  This is a very good reason to have an experience DUI attorney assist you with your matter.  Pretrial proceedings follow, involving evidence review, plea negotiations, and motion filing where appropriate.

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Plea bargaining often occurs, allowing defendants to plead guilty or no contest to reduced charges or sentences. This process can result in lesser penalties and avoid trial uncertainty. However, accepting a plea deal requires careful consideration and legal advice, as it waives certain constitutional rights and can be difficult to withdraw once accepted.

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Legal Process for Felony DUI Cases

In felony DUI cases, a preliminary hearing, or "prelim," is conducted. This crucial step determines if there is sufficient evidence to proceed to trial. The judge assesses whether probable cause exists to believe the defendant committed the crime. While it's rare for cases to be dismissed at this stage, it provides an opportunity for both sides to evaluate the strength of their case.  If the Court finds that there is sufficient evidence to “hold the defendant to answer” to the charges, the case will proceed to a Jury Trial.  

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At a jury trial, the defense will challenge the evidence, potentially questioning the legality of the stop, the accuracy of tests, or the procedures followed during the arrest. If convicted, sentencing can be severe, including substantial prison time—ranging from 16 months to several years—hefty fines, lengthy probation, mandatory DUI education programs, and a possible loss of driving privileges. The outcome of a felony DUI trial can have lifelong consequences, making it a critical phase in the legal process.

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Do I need a lawyer for a misdemeanor charge?

A misdemeanor is a criminal charge, which can result in jail time, probation, mandatory classes, and losing the right to possess firearms. A misdemeanor conviction will also appear in background checks, which can impact employment, especially if the charge is considered a crime of moral turpitude. A misdemeanor conviction can also impact immigration status.  

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The potential consequences of a misdemeanor conviction mean you should take these charges seriously, and having a lawyer to fight for you can have a meaningful impact on the ultimate outcome of your case. An experienced criminal defense attorney will advocate for you with the prosecutor and present a fuller picture of you as an individual, not just an incident. Maybe there is a reason that this happened, maybe there is a defense to the crime, maybe the officer who arrested you did not have sufficient legal grounds to do so.  Additionally, your attorney may be able to negotiate a resolution that will not require you to serve time in custody or work out a resolution that does not result in a conviction.