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Understanding Misdemeanors in California
The State of California classifies crimes and public offenses into distinct categories to reflect their severity and ensure fair and consistent punishment across the justice system. Under Penal Code (PC) § 16, the state divides offenses into misdemeanors, felonies, or infractions, unlike many other states that assign additional lettered or numbered crime classifications (e.g., "Level 1–6", "Class A–C", or "Degree 1–4) to denote severity and applicable penalties. The exact naming conventions vary by jurisdiction.
California instead adheres to a general misdemeanor-felony-infraction framework. That is to say, the state does not recognize further offense subcategories for misdemeanor offenses, simply referring to them as "misdemeanors".
Examples of Misdemeanors in California
Several offenses are designated as misdemeanors in California. For committing such offenses, the state can impose various punishments. Although California does not employ class, level, or degree classifications for misdemeanor offenses, the punishment may be more or less severe, depending on the facts and circumstances of the case.
Common misdemeanor offenses in California include:
- Vandalism
- Driving under the influence (short for "DUI"), also called drunk driving
- Petty theft
- Domestic battery
- Prostitution
- Simple assault
| Offense | Description | Possible Penalty |
|---|---|---|
| Vandalism (PC 594) | Maliciously defacing, damaging, or destroying any non-owned real or personal property. |
Punishment depends on the monetary amount of the defacement, damage, or destruction, and whether the defendant has previous convictions for similar offenses. For example, damage under $400 can result in up to 1 year in county jail, up to $1,000 in fines, or both. However, a prior conviction may increase the fine to as much as $5,000. Additional/alternative penalties may include:
|
| DUI (Vehicle Code (VC) § 23152) | Operating a vehicle while inebriated by alcohol or drugs (first, second, or third offense within 10 years), no injury, and no prior felony DUI conviction. |
May include:
|
| Petty Theft (PC 490.2, PC 484(a)) | Unlawfully taking or stealing another person's property, money, or labor valued at $950 or less. |
|
| Domestic Battery (PC 243(e)(1)) | Willful and unlawful use of force or violence upon a spouse, former spouse, cohabitant, fiancé(e), dating partner, or parent of the defendant’s child. |
Summary probation may be imposed instead of jail time, often requiring completion of a batterer's treatment program or another appropriate counseling program |
| Prostitution (PC 647(b)) | Engaging, agreeing to engage, or offering to engage in a sexual act with another person in exchange for money or other compensation |
|
| Simple Assault (PC 240) | An unlawful attempt, combined with the present ability, to inflict violent injury upon another person. |
Where aggravating circumstances apply (e.g., the victim is a peace officer), the maximum jail time may be extended to a year, and greater fines may be imposed. |
To learn how a California misdemeanor case was concluded, one can examine the California criminal court records. These records are made available by the courts and select third-party providers.
Penalties for a Misdemeanor in California
California Penal Code §§ 18.5 and 19 establish the maximum penalty for a misdemeanor offense in California to be:
- Imprisonment in a county jail for 1 year or less
- A fine of $1,000 or less
Notwithstanding this, courts may impose lesser or alternative penalties, such as summary probation, community service, counseling, or rehabilitative programs, depending on the circumstances of each case.
Moreover, the $1,000 limit is the baseline for most misdemeanor charges in California (excluding court fees and assessments). However, there are statutory exceptions where misdemeanor offenses may be subject to higher fines. Case in point:
- DUIs can add up to thousands of dollars.
- Misdemeanor domestic battery carries a maximum fine of $2,000.
- Spousal abuse carries a maximum fine of $6,000.
- Illegal dumping in commercial quantities (PC 374.3) can result in penalties up to $10,000.
Probation and Alternative Sentencing Options in California
California offers various alternative sentencing (non-incarceration) options for misdemeanor offenses, targeting first-time, low-risk, or non-violent convicted offenders. These options are designed to promote rehabilitation, reduce recidivism, enhance public safety, maintain family units, reduce court backlogs, and alleviate jail overcrowding, all while ensuring that offenders are held accountable for their actions.
Common alternatives in California include:
| Alternative Sentencing | Overview |
|---|---|
| Summary (Informal or Court) Probation | A form of unsupervised probation in which the court, not the probation department, monitors the defendant. The terms/conditions of probation may include community service, counseling, paying fines, appearing in court, seeking employment, submitting to random drug testing, remaining crime-free, etc. |
| Counseling or Educational Programs | Specialized programs or courses aimed at either addressing underlying behavioral issues (such as alcohol/drug dependency and anger management) or developing skills (such as vocational training or GED classes). These are often part of probation or diversion conditions. |
| Restitution | Compensates a victim for losses or damages directly incurred because of a crime, such as lost wages, property damage, and medical bills. |
| Community Service | Often a condition of probation, this requires the defendant to perform unpaid work within the community. |
Can a Misdemeanor Be Expunged or Sealed in California?
Yes. The pathway to expunge a misdemeanor is determined by the outcome of the case and the laws of the state where the offense occurred. Each US state has unique statutes and procedures for record clearance, which define eligibility, waiting periods, filing requirements, and fees.
For California misdemeanor arrests or charges that did not result in a conviction, defendants can employ tactics outlined on the state judiciary's Record Cleaning: Arrest with No Conviction webpage to seal or destroy their court and police records.
If the misdemeanor charge resulted in a conviction, eligible defendants may petition the court to "dismiss" the case under PC 1203.4 or 1203.4a. A dismissal in California, often referred to as an expungement, lessens some repercussions of a conviction, such as allowing defendants to indicate on most housing or employment applications that they have never been convicted.
Still, a dismissal is not a "true" expungement, as it does not entirely erase/destroy records or seal the conviction from public view, nor does it remove all penalties and liabilities of a conviction. Instead, it changes a defendant's record to read that the conviction was "dismissed". Further information about the impact of dismissals in California is available on the Sacramento County Superior Court's website and other county court websites.
California criminal defendants can ask the court to dismiss a misdemeanor conviction if:
- They have no pending case, and
- They are not currently on probation/parole in any case.
The request is filed with Form CR-180 (Petition for Dismissal), and the court will use the Order for Dismissal (Form CR-181) to approve or reject it. Notably, some convictions may already have been automatically dismissed by the California Department of Justice under PC 1203.425. In such cases, a direct petition may not be necessary unless seeking certain benefits from the court, such as a reduction to an infraction.
Certain convictions, such as some sex crimes and vehicle code violations, are ineligible for dismissal in California.
Long-Term Consequences of a Misdemeanor Conviction
Beyond the statutory penalties for a misdemeanor charge (such as jail time, fines, probation, etc.), individuals convicted of a misdemeanor also face collateral consequences that can impact their quality of life. These vary based on the specific offense and state of conviction. Potential ramifications in California include:
- Limited employment, housing, or schooling opportunities
- Immigration problems for noncitizens, including deportation
- Suspension or revocation of driving privileges for vehicle-related offenses, such as reckless or drunk driving
- Revocation of government licenses and permits
- Forfeiture of the right to possess firearms
- Loss or reduction of child custody rights
- A publicly accessible criminal record
A misdemeanor conviction may also count as a "prior" in California and may be used to enhance punishment upon a subsequent conviction.
What to Do if You’re Charged with a Misdemeanor in California
A misdemeanor in California carries serious repercussions, with possible jail time of up to a year, fines up to $1,000 (or more, if statutorily permitted), and a criminal record, among others.
Therefore, criminally charged or accused persons ("defendants") should first seek to understand the charges against them and the potential outcomes. For this, one either needs to be proficient in the law or consult an experienced criminal defense attorney. If one cannot afford a private attorney, the court can appoint a lawyer, usually a public defender, as all persons facing a misdemeanor charge are entitled to counsel. This way, the individual can be aware of their rights under the law (such as the right to remain silent, to a speedy trial, and to confront witnesses), as well as their available options, such as possible plea bargains, diversion programs, and post-conviction remedies.
Each criminal defendant is also advised to attend all court hearings scheduled for their case and adhere to all court orders, as a failure to comply may result in a bench warrant, additional penalties under PC 1320, or other consequences.
It may be helpful for defendants to review the self-help resources provided by the California Judiciary to better understand how criminal cases proceed within the California justice system.
Statute of Limitations for Misdemeanors in California
PC 799 to 805 outline the timeframe for commencing misdemeanor actions in California, referred to as the statute of limitations (SOL). Generally, the statute of limitations for misdemeanors is 1 year after the offense is committed. However, exceptions exist that may extend ("toll") this period or cause the clock to start only after the crime is discovered or should reasonably have been discovered (also known as the "discovery rule"). Certain misdemeanors, such as Business and Professional Code violations, fraud, and crimes against children, have longer limitation periods, though these do not typically exceed 4 years. If multiple SOLs apply to an offense, the longest period determines the time allowed for commencing the action.