Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Infractions and misdemeanors are both offenses in the California criminal justice system. The main difference between the two is in their severity and in how they get punished.
Infractions are less serious offenses than misdemeanors. They are punishable by a maximum fine of $250 (though certain traffic infractions carry fines of up to $500). Unlike misdemeanors, they do not subject you to actual jail time. 1
Common examples of California infractions are:
Misdemeanors in California include both standard misdemeanors and gross misdemeanors. They are more serious offenses than infractions. Further, they can result in a jail sentence. The maximum sentence is 364 days in the county jail.2
Common examples of California misdemeanors are:
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 |
California Infractions
Infractions, under California law, largely include traffic/moving violations. They are punishable by a maximum $250 fine. (Although certain traffic infractions can carry a fine of $500.)
Please note, however, that this amount is the base fine. The actual fine is most often significantly greater because it includes fees and penalty assessments.
In addition to fines, a person guilty of an infraction might receive points on his DMV driving record. There are two main problems with points. These are:
Points may get avoided if the guilty party qualifies for — and completes — traffic school.
Some California infractions are classified as “wobbler” offenses. A wobbler is an offense that a prosecutor can charge as either an infraction or a misdemeanor, depending on:
Some examples of infraction wobblers are:
California Misdemeanors
Misdemeanors are more serious offenses than infractions. California law divides misdemeanors into two general categories. These are:
Standard misdemeanors are offenses typically punishable by imprisonment and/or a fine. The maximum jail sentence is six months in the county jail. The maximum fine is $1,000.5
Examples of standard misdemeanors are:
Gross misdemeanors are more serious offenses than standard misdemeanors. The penalties for gross misdemeanors include up to 364 days in the county jail, and/or a fine of up to $1,000 or more.6
Examples of gross misdemeanors are:
Like infractions, some misdemeanors are wobbler offenses. This means a prosecutor can charge them as either a misdemeanor or a felony. Again, the decision will be made depending on:
Some common misdemeanor/felony wobblers are:
In comparison to infractions, misdemeanors can grow more complex and may involve several legal stages. These could include
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.