Misdemeanors are considered less severe offenses compared to felonies, but they can still have significant consequences. In California, misdemeanor offenses are typically punishable by up to one year in county jail, fines, probation, or a combination of these penalties. Understanding what constitutes a misdemeanor and knowing the common misdemeanor offenses in California is important if you’re facing criminal charges or want to protect your rights.
This article will explore the common misdemeanor offenses in California, their penalties, and how these crimes are classified under state law. We’ll also discuss what happens if you are convicted of a misdemeanor and the long-term impact it may have.
What Is a Misdemeanor?
In California, a misdemeanor is a criminal offense that is punishable by up to one year in county jail. Misdemeanors are classified as less severe than felonies, which carry longer prison sentences, but they still carry serious consequences. A misdemeanor conviction can result in jail time, fines, probation, and a permanent criminal record.
Some misdemeanors may also be classified as “wobblers,” which means they can be charged as either a misdemeanor or a felony, depending on the circumstances of the offense and the defendant’s criminal history.
Common Misdemeanor Offenses in California
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Petty Theft (Penal Code 484 PC)
Petty theft in California refers to the unlawful taking of property valued at $950 or less. Petty theft is one of the most common misdemeanor offenses in California and may involve stealing items from a store, shoplifting, or taking someone’s personal property.
The penalties for petty theft can include:
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Up to 6 months in county jail
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Fines up to $1,000
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Probation
If the value of the stolen property exceeds $950, the charge may be elevated to a felony theft offense.
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Battery (Penal Code 242 PC)
Battery is the unlawful use of force or violence against another person, even if there is no injury. In California, simple battery is a common misdemeanor charge that can stem from various situations, including physical fights or unwanted touching.
Possible penalties for battery include:
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Up to 6 months in county jail
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Fines up to $2,000
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Probation or anger management classes
If the battery involves serious injury or occurs in certain situations, such as in a domestic violence case, the charge can be upgraded to a felony.
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Driving Under the Influence (DUI) (Vehicle Code 23152)
Driving under the influence of alcohol or drugs is a serious crime in California. A first offense is typically charged as a misdemeanor, though repeat offenses or those involving injury can result in felony charges.
The penalties for a first-time DUI conviction include:
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Up to 6 months in county jail
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Fines up to $1,000
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Mandatory DUI education program
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License suspension for 6 months
In addition to legal penalties, a DUI conviction can result in an increased insurance premium and other personal consequences.
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Vandalism (Penal Code 594 PC)
Vandalism involves intentionally damaging or defacing property without the owner’s consent. Common forms of vandalism include graffiti, breaking windows, or damaging cars. In California, vandalism can be charged as either a felony or misdemeanor, depending on the severity of the damage.
The penalties for misdemeanor vandalism can include:
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Up to 1 year in county jail
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Fines up to $1,000
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Restitution to repair or replace the damaged property
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Probation
If the damage exceeds $400, the charge may be upgraded to a felony.
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Disorderly Conduct (Penal Code 647 PC)
Disorderly conduct includes a variety of behaviors that disturb the peace or violate public order. Common examples include public intoxication, loitering in certain places, solicitation for prostitution, or engaging in lewd acts in public.
Penalties for disorderly conduct include:
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Up to 6 months in county jail
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Fines up to $1,000
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Probation
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Public Intoxication (Penal Code 647(f) PC)
Public intoxication is the offense of being visibly drunk or under the influence of drugs in public and in a manner that disrupts public peace or endangers the individual or others. California law allows individuals to be arrested for public intoxication even if they are not committing any other illegal act.
The penalties for public intoxication include:
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Up to 6 months in county jail
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Fines up to $1,000
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Probation
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Possible attendance at a rehabilitation program
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Reckless Driving (Vehicle Code 23103)
Reckless driving occurs when a person operates a vehicle with a willful or wanton disregard for the safety of people or property. While reckless driving can sometimes be charged as a felony, it is often considered a misdemeanor in cases where there are no injuries or deaths.
Penalties for reckless driving include:
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Up to 90 days in county jail
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Fines up to $1,000
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Probation
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License suspension for up to 30 days
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Trespassing (Penal Code 602 PC)
Trespassing refers to the unlawful entry onto someone’s property without permission. It can involve entering someone’s home, business, or land, whether or not the property is posted with a “no trespassing” sign. It can also apply to remaining on a property after being asked to leave.
Penalties for trespassing include:
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Up to 6 months in county jail
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Fines up to $1,000
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Probation
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Possession of Marijuana (Health and Safety Code 11357)
While the recreational use of marijuana is now legal for adults over 21 in California, there are still restrictions on possession. Possessing marijuana over the legal limit or in restricted areas (such as schools or certain public spaces) can result in misdemeanor charges.
Penalties for illegal marijuana possession include:
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Up to 6 months in county jail
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Fines up to $500
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Probation
For minors, possession of marijuana can result in additional penalties, including mandatory drug counseling.
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Petty Theft with a Prior (Penal Code 666)
If an individual has a prior theft conviction, including felony theft, and is later caught committing petty theft again, they can be charged with petty theft with a prior, which increases the penalties.
Penalties for this offense include:
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Up to 1 year in county jail
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Fines up to $1,000
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Probation
Consequences of a Misdemeanor Conviction
While misdemeanors are less severe than felonies, they still carry significant consequences, which may include:
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Jail Time: A misdemeanor conviction can result in up to one year in county jail, depending on the offense and circumstances of the case.
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Fines: Many misdemeanors carry fines that can reach up to $1,000 or more, depending on the offense. These fines can be in addition to any restitution for victims.
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Probation: Defendants may be placed on probation, which allows them to avoid jail time but imposes restrictions such as regular check-ins with a probation officer, drug testing, and counseling.
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Criminal Record: A misdemeanor conviction will appear on your permanent criminal record, which may affect your ability to secure employment, obtain housing, and pursue certain professional licenses.
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Driver’s License Points: Certain misdemeanor traffic violations, such as reckless driving, may result in points on your driver’s license, which could lead to a suspension of your driving privileges.
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Immigration Consequences: Non-citizens convicted of a misdemeanor may face deportation or other immigration-related penalties.
Conclusion
California law includes a broad range of misdemeanor offenses, from theft and battery to DUI and public intoxication. Even though misdemeanors are less severe than felonies, they can still have long-lasting consequences, such as jail time, fines, and a permanent criminal record. If you are facing misdemeanor charges, it’s important to seek legal counsel to protect your rights and mitigate the potential penalties.
If you or someone you know is facing misdemeanor charges in California, don’t navigate the legal system alone. Contact Southwest Legal for experienced and compassionate legal representation. Our team of skilled attorneys will work diligently to build a strong defense and help you achieve the best possible outcome for your case. Call us today for a free consultation. Let us help you protect your future.
