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Can I Go to Jail for a Misdemeanor in California?

While not as serious as felonies, misdemeanor offenses can be serious crimes that result in significant fines, jail time, and various license suspensions. If you are facing criminal charges it is crucial that you consult a skilled attorney to discuss your legal rights and options. Contact a Red Bluff criminal lawyer for representation during your misdemeanor case.

Is a Misdemeanor a Criminal Offense?

In California, a misdemeanor is a criminal offense that is more serious than an infraction but not as serious as a felony. The process of a misdemeanor trial is essentially identical to that of a felony trial. They are both criminal offenses and a conviction will result in the defendant having a criminal record.

Common misdemeanors in CA can include the following.

  • Possession of illicit drugs
  • Public intoxication
  • Petty theft
  • Prostitution
  • Shoplifting
  • Driving with a suspended license
  • Violating a restraining order

Although these are all considered misdemeanors and will have the same standard for penalties, the outcome of your case will vary depending on what type of offense you committed, where, and the impact it left on any victims.

Some crimes are known as wobblers, meaning that they can be charged by the prosecutor as either a misdemeanor or a felony depending on the circumstances of the case as well as the defendant’s prior criminal history.

Is Jail Time a Misdemeanor Penalty in CA?

The actual penalties that individuals will incur after a misdemeanor conviction will vary depending on the crime that was committed and the circumstances of their case. However, the general penalties for a misdemeanor crime in California include the following.

Up to 6 months of incarceration or 1 year of incarceration (gross or aggravated misdemeanor)
Fines of up to $1,000 or more (gross or aggravated misdemeanor)

Depending on the situation you may be able to get probation instead of jail time but the decision will be based on a multitude of factors including how your crime impacted those around you.

Will a First-Time Offender Go to Jail?

Generally, first-time misdemeanors do not result in jail time, however, every case is unique. Depending on the details of the situation and the extent of the crime you may be sentenced to serve up to the maximum one year sentence. Certain crimes even require a minimum amount of jail time for first or subsequent offenders.

Contact a Criminal Defense Attorney Today

At Cohen Criminal Law, we understand the delicate and complex nature of criminal charges. It is important to work with a skilled lawyer to ensure you understand your rights and legal options during your case. Contact an experienced criminal defense attorney for more information and to begin working on an effective defensive strategy today.