Understanding California Criminal Law: Infractions vs. Misdemeanors

The severity of the offense and the level of punishment are the distinguishing features

Understanding California Criminal Law: Infractions vs. Misdemeanors

If you have followed this blog or other criminal justice news sources, you may have heard terms such as “felony,” “misdemeanor” or “infraction.” Each word is used to describe a level of criminal offense in the California criminal justice system. The difference between each of these three types of offenses lies in the severity of the underlying crime and the type of punishment that is assigned for each offense.

Infractions and misdemeanors are the two lower level criminal offenses under California criminal law. Understanding the difference between the two is important, particularly if you are working with a San Bernardino criminal attorney and are considering a plea agreement or other deal. Read on to learn more about these two offenses.

What Is an Infraction?

Infractions are the least serious of all California criminal offenses. Punishable by a maximum fine of $250, they do not result in any jail time. They are an incredibly common type of offense, and can result from a range of everyday behavior. For example, you may be charged with an infraction for speeding or failure to yield to a pedestrian. Many traffic and moving violations are infractions.

Importantly, while the maximum fine for a California infraction is $250, the total cost is often far greater. That is because California charges fees and other penalty assessments. If you have been charged with an infraction that you believe is false, you may think it is worthwhile to engage a San Bernardino criminal attorney to represent you for this reason.

In addition to costly fines and fees, a person who is found guilty of an infraction may receive “points” on his or her Department of Motor Vehicles (DMV) driving record. Points can result in an increase in your car insurance premiums, and may also result in a license suspension if you accumulate too many (4 points in 12 months, 6 points in 24 months, or 8 points in 36 months). In some cases, you may be able to avoid points by qualifying for and attending traffic school.

Some infractions are “wobbler” offenses, which means that a prosecutor can charge it as either an infraction or a misdemeanor, depending on the facts of the case and your criminal history. For example, exhibition of speed is a wobbler that can be charged as an infraction or a misdemeanor.

What Is a Misdemeanor?

Misdemeanors are more serious criminal offenses than infractions, but less serious than felonies. They may result in a sentence of up to 364 days (under 1 year) in county jail. There are two types of misdemeanors: standard and gross.

Standard misdemeanors are punishable by up to six months in county jail and/or a fine of up to $1,000. They are the less serious of the two types of misdemeanors. Examples of standard misdemeanors include drug possession and shoplifting.

In contrast, a gross misdemeanor may result in incarceration in county jail for up to 364 days and a fine of $1,000 or more. These crimes are charged for more significant offenses, such as a DUI without injury. If you have been charged with a misdemeanor offense, a San Bernardino criminal attorney can represent you to help maximize the likelihood that you avoid the most severe consequences of these crimes, such as jail.

Misdemeanors may also be wobblers, charged as either a misdemeanor or a felony depending on the facts of the case and your criminal history. For example, a prosecutor may choose to charge assault with a deadly weapon as either a misdemeanor or a felony.

Whenever you have been charged with a California crime, important legal rights are at stake. The Chambers Law Firm can help. We offer free initial legal consultations, where we will explain your rights and options. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule an appointment with an experienced San Bernardino criminal attorney.

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