The California Penal Code classifies all criminal offenses as infractions, misdemeanors or felonies. Offenses such as traffic violations (e.g. speeding tickets, etc.) are infractions punishable by a fine usually not exceeding $250.00 plus penalty assessments (court costs). No time in jail can be imposed for an infraction.

Misdemeanors are more serious offenses (e.g. drunk driving, petty theft, etc.) and can be punishable by imprisonment in the county jail for up to one year and a fine up to $1,000.00.

Felonies are much more serious offenses (e.g. robbery, grand theft, drug possession and/or sales of drugs, etc.) and can be punishable with significantly higher fines and imprisonment in the state prison for a period of years and capital offenses (e.g. murder) can even be punishable with death. Many sentencing issues, such as restitution to the victim of a crime, alcohol and drug programs and sex or drug offender lifetime registration with the local police agency can apply to both felonies and misdemeanors.

Misdemeanor Sentencing

You should be wary of potential collateral consequences of a misdemeanor conviction. Some individuals with professional certifications and licenses can loose their livelihood depending upon the nature of a conviction (e.g. Pilots please note our F.A.A. link on our "Legal Links" web page). The sentencing scheme for most misdemeanors is typically found with the definition of the specified crime. You can also look up any crime on our "Legal Links & Research" web page. Many misdemeanors provide for a minimum punishment. For example, a conviction for a multiple offender DUI requires jail time or equivalent jail alternative work programs and/or community service, alcohol programs and fines. More information on DUI's can be found on our "Drunk Driving DUI - DMV" web page. If the crime is defined in the law as a misdemeanor but fails to mention a specific punishment, then the maximum jail time is six months. Though often an attorney can convince a judge to not order any jail time, especially for some "first offense" misdemeanors.

Frequently, it is appropriate for your attorney to negotiate a "plea-bargain" or reduction of an offense or compromise on the proposed punishment so as to avoid more serious consequences. Some crimes (such as theft) are known as "wobblers" and can be punished as felonies or misdemeanors.

In some instances your attorney can have your case dismissed (e.g. shoplifting, assault/battery, trespassing etc.). A "civil compromise" of a misdemeanor pursuant to sections 1377 and 1378 of the Penal Code may be possible. These sections permit a defendant to have a criminal proceeding permanently stayed or dismissed provided the victim of the crime appears before the judge (in person or by declaration) and acknowledges he has received satisfaction for the "injury" and the court agrees to the compromise.

Some offenses (e.g. under the influence of drugs etc.) may be eligible for "deferred entry of judgment" or "diversion." These provisions permit someone, who has pled guilty or no contest to a drug charge, to complete a drug awareness program and have the underlying criminal case dismissed after 18 months. However, if the defendant fails to successfully complete the program, the court can impose a jail sentence.

If someone is convicted of a misdemeanor the court can either grant or deny probation. If probation is granted, it generally lasts for up to 3 years. However, offenses such as DUI, child endangerment, domestic violence and being under the influence of drugs permit probation to last up to 5 years. The court, in its discretion, could even order that any custody time be served in a home detention (house arrest or electronic-monitoring) program. And if the court imposes a fine, it will often provide for an alternative sentence consisting of community service hours in lieu of a fine.

For clients who are out of the area or out of state, you may not have to appear in court at all, even on some bench or arrest warrants. A defendant may waive his right to personally appear on misdemeanor matters and have his attorney appear on his behalf for all proceedings; including arraignment, pretrial conferences, trial and if convicted for sentencing. This provision in the law often eliminates the need to return to California.

Felonies

Felonies are the most serious offenses and require a vigorous defense. The California Legislature has stated the primary goal of the felony Determinate Sentencing Law, enacted in 1977, is to punish the offender. This law provides three possible terms of imprisonment, a low, middle and high term in prison. It is assumed that the middle term is the appropriate sentence unless the court makes findings on the record (stated in open court) that justify the higher or lower term (sentence). If a crime is classified as a felony, but the statute does not provide a specific sentencing range, then the crime can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years plus any enhancements (such as personal use of a firearm).

Unless specifically precluded by a statute (depending on the type of crime), a judge can sentence a convicted felon to a grant of probation. Among other things, the court may require the defendant, as a term and condition of probation, to serve local jail time, pay fines, complete community service and pay restitution.

If a defendant is sentenced on a felony he may be sent to State Prison or for offenders addicted to drugs to the California Rehabilitation Center. If he is a minor he can be sent to the California Youth Authority. Please see our web page "Juvenile Crimes" for more information on youthful offenders.

As you can see an arrest and conviction can have extremely serious consequences. The members of our firm are very experienced and can help you. Please call us now for a FREE CONSULTATION. (888) 579-4844