Infractions are less serious offenses than misdemeanors in California.
Since infractions are not technically crimes, the only penalties are fines and possibly DMV points on your license.1 In contrast, misdemeanors carry fines and/or up to 364 days in jail.2
In this article below I discuss what you need to know about infractions and misdemeanors in the California criminal justice system:
1. Infractions
Infractions in California law largely include traffic/moving violations. You can be cited for them but not arrested, and you are not entitled to a public defender if you are unable to afford an attorney.
Infractions are punishable by a maximum $250 fine, although certain traffic infractions can carry a fine of $500. Note that you may end up paying significantly more once fees and penalty assessments are factored in.
Examples of infractions are:
In addition to fines, you may receive points on your DMV driving record, which often means an increase in liability insurance premiums. You also risk getting a negligent operator license suspension if you accrue four points in 12 months, six points in 24 months, or eight points in 36 months.3
Points may get avoided if you qualify for — and complete — traffic school.
Wobblettes
Some California infractions are classified as “wobblettes.” Prosecutors can charge these as either an infraction or a misdemeanor depending on:
- The facts of the case and/or
- Your criminal history.4
Some examples of infraction wobblettes are:
Most traffic violations in California are infractions.
2. Misdemeanors
Misdemeanors in California typically carry up to $1,000 in fines and/or six months in jail.5 However, aggravated or gross misdemeanors carry up to $2,000 (or more) and/or 364 days in jail.6
Examples of standard misdemeanors are:
A common gross misdemeanor is domestic battery (243(e)(1) PC).
In comparison to infractions, misdemeanor cases can grow more complex and may involve several stages such as arrests, bail hearings, and potentially jury trials. You are entitled to a public defender if you cannot afford an attorney.
Wobblers
As discussed above, some offenses are wobblettes, which can be charged as misdemeanors or infractions. There are also wobblers, which are offenses that can be charged as either misdemeanors or felonies (the most serious class of crime).7 Some common wobblers are:
3. Comparison
The following table summarizes the differences between misdemeanors and infractions in California.
| CALIFORNIA LAW | Misdemeanor | Infraction |
| Type of Offense | Criminal | Civil |
| Potential incarceration | Up to 6 months in county jail (or up to 364 days in some cases) | No jail time |
| Fines | Up to $1,000 (in most cases) | Up to $250 (in most cases) |
| Right to Jury Trial | Yes | No |
| Right to Public Defender | Yes (if you cannot afford a lawyer) | No |
| Arrest and Booking | Yes | No, just a citation |
| Examples | Petty theft, simple assault | Traffic tickets, noise violations |
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Criminal Law: Punishment: Misdemeanors: Statutory Construction – California Law Review.
- Three Strikes and You’re in (For Life): An Analysis of the California Three Strikes Law as Applied to Convictions for Misdemeanor Conduct – Thomas Jefferson Law Review.
- Crashing the Misdemeanor System – Washington & Lee Law Review.
- Disbursement of Fines and Costs in Civil Infraction Cases – The University of Law Mercy Law Review
- Criminal Procedure—The Inapplicability of General Principles of Search and Seizure Incident to a Lawful Arrest to Those Arrested for Traffic Infractions – Buffalo Law Review
- Criminal Violations and Civil Violations – The Journal of Legal Studies
Legal References
- California Penal Code 16 PC and 19.8 PC. See also People v. Pantoja (Cal.App. 2022) .
- California Penal Code 19 PC and 18.5 PC. See also People v. Del Rio (Cal.App. 2023) .
- California Vehicle Code 12810 VC.
- California Penal Code 17 PC. See also People v. Park (2013) .
- See note 2.
- Same.
- See note 4.
