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Felony or Misdemeanor? Understanding the Charges against You in California

When you are arrested on criminal charges in California, you are no doubt worried about your future. You’ve never been in a situation like this before, and all you want is the quickest and least painful way out of your situation. Can you just pay a fine, or will you face jail time?

The answer is more complex than you might imagine. Under California law, you can be charged with an offense in three different ways: infractions, misdemeanors, or felonies.

• Infractions are technically not crimes; they are simply transgressions on the law (such as speeding). Offenders cannot be sent to jail for infractions; fines are the common punishment.
• Misdemeanors are classified as less serious than felonies, and are punishable by imprisonment in a county or city jail for up to one year. The court can also order fines up to $1,000. However, a jail term may be mitigated to community service or a work service program if the offender convicted of a misdemeanor in California is suitably distressed by his actions.
• Felonies are the most serious extent of a crime. If convicted, offenders face imprisonment in a state facility for at least 16 months. If the judge grants leniency, the convicted party may be granted probation instead of prison. Probation usually carries many conditions and limits personal freedoms. The convicted will usually also be ordered to pay restitution to the victim’s family.

Many California crimes can carry a range of consequences depending on how they are classified. For example, if you are charged with a misdemeanor DUI and were pulled over before any damage was done, you will likely face fines and possible community service. However, if you hit someone while driving under the influence, you could face felony DUI charges—and a sentence of considerable jail time if convicted.

As trusted Ventura criminal defense attorneys, we know that these sentences can be terrifying—and in some cases, greatly outweigh the crime committed. The attorneys at Bamieh & Erickson are committed to fighting for our clients’ rights, getting fair sentencing if you are convicted and working to get your criminal records sealed to protect your future.

If you have been accused of a crime in Ventura County, learn more about how we can help you by ordering our FREE book, How to Hire a Lawyer in Santa Barbara County, or call our offices today at (805) 643-5555 for a free consultation.

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