Misdemeanors

Misdemeanor Charges

Misdemeanor

A misdemeanor charge is any offense where the maximumpossible sentence is up to one year in the county jail.  If the maximum sentence is more than a yearin 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 becharged as a misdemeanor or a felony. The prosecutor will file the charge as amisdemeanor or felony based on the facts of the case, and other factors such asthe seriousness of the injury or the monetary value of the loss. Common wobblercharges include: DUI with injury (Vehicle Code 23153) domestic violence (PenalCode 273.5 or 243(e)) and theft crimes with prior convictions (Penal Code 666).

California DUI Misdemeanors

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

A first time DUI can be charged if aperson is unable to drive with the same care and concern as a sober driver, orif they are driving with a blood alcohol level of 0.08 or higher.  The sentence for a first DUI can be a maximumof 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 ofinsurance filed with the DMV for three years, and a license suspension for upto six months or longer.  

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

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

Other California Misdemeanors

Domestic violence (Penal Code Section 273.5 and relatedcodes) may be filed as a misdemeanor or felony, and this decision by theprosecutor is generally guided by the nature or seriousness of the injury orthe history of the parties.  A convictionof any domestic violence related offense results in mandatory terms andconditions of the sentence.  A convictionwill result in a requirement to attend and complete a 52-week domestic violenceoffender 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 ifthe allegations are possession for personal use, and these misdemeanor chargescan often result in a drug diversion program where the accused can attendtreatment 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 canbe filed as a felony or a misdemeanor depending upon the amount of damage thatwas done (or the cost of the repair).  Ifyou are under 21 years of age, a misdemeanor vandalism conviction may result inyour driver’s license being revoked for a year or more.

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Key Differences Between Misdemeanor and Felony DUI

Severityof Charges

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

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PotentialJail Time

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

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Impacton Criminal Record

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

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Court Proceedings

A misdemeanor DUI is handled in misdemeanor courts andgenerally involves several court appearances, but the proceedings generallymove faster than when charged with a felony.   A Felony DUI is tried intwo 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 showthat there is sufficient evidence to believe the offense occurred and youcommitted it. If the Court holds you to answer on the charge(s), then you are indictedin the Superior Court, and your case would then proceed towards a jury trial onthe felony charges.   

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DrivingPrivileges

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

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Impacton Civil Rights

Misdemeanor DUI generally does not affect civil rights suchas voting or firearm ownership. A Felony DUI can result in the loss of certaincivil rights, including the right to vote (while incarcerated) and the right toown 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 Californiainvolves several stages. Initially, law enforcement detains the suspect andconducts an arrest. During booking, officers record personal information, takefingerprints and photographs, and document the alleged crime. The suspect maybe released on bail or their own recognizance, depending on factors such ascriminal history and offense severity (most misdemeanor DUI arrests result inthe person being released without having to post bail, but the arrested personwill not be released until they are below the legal limit.).

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Court appearances begin with arraignment, where the judgeinforms 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 aplea at your arraignment, prior to reviewing all the evidence that theprosecutor has to present against you.  This is a very good reason to havean experience DUI attorney assist you with your matter.  Pretrialproceedings follow, involving evidence review, plea negotiations, and motionfiling where appropriate.

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Plea bargaining often occurs, allowingdefendants to plead guilty or no contest to reduced charges or sentences. Thisprocess can result in lesser penalties and avoid trial uncertainty. However,accepting a plea deal requires careful consideration and legal advice, as itwaives certain constitutional rights and can be difficult to withdraw onceaccepted.

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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 sufficientevidence to proceed to trial. The judge assesses whether probable cause existsto believe the defendant committed the crime. While it's rare for cases to bedismissed at this stage, it provides an opportunity for both sides to evaluatethe strength of their case.  If the Court finds that there is sufficientevidence to “hold the defendant to answer” to the charges, the case willproceed 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 theprocedures followed during the arrest. If convicted, sentencing can be severe,including substantial prison time—ranging from 16 months to several years—heftyfines, lengthy probation, mandatory DUI education programs, and a possible lossof driving privileges. The outcome of a felony DUI trial can have lifelongconsequences, 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 injail time, probation, mandatory classes, and losing the right to possessfirearms. A misdemeanor conviction will also appear in background checks, whichcan impact employment, especially if the charge is considered a crime of moralturpitude. A misdemeanor conviction can also impact immigration status.  

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The potential consequences of a misdemeanor convictionmean you should take these charges seriously, and having a lawyer to fight foryou can have a meaningful impact on the ultimate outcome of your case. Anexperienced criminal defense attorney will advocate for you with the prosecutorand 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 thecrime, maybe the officer who arrested you did not have sufficient legal groundsto do so.  Additionally, your attorneymay be able to negotiate a resolution that will not require you to serve timein custody or work out a resolution that does not result in a conviction.