Facing a misdemeanor charge in California can be overwhelming, especially if it’s your first brush with the legal system. While misdemeanors are less severe than felonies, they still carry serious consequences that can impact your life, employment, and future. As California continues to refine its criminal justice policies in 2025, it’s more important than ever to understand what a misdemeanor entails, how it differs from other charges, and what legal options are available to you.
What Is a Misdemeanor in California?
In California, a misdemeanor is a criminal offense that is more serious than an infraction (like a traffic ticket) but less severe than a felony. According to the California Legislative Information site, misdemeanors are punishable by up to one year in county jail, fines, probation, or community service.
There are two main types of misdemeanors in the state:
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Standard misdemeanors, which carry up to 6 months in jail and a $1,000 fine.
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Gross (or aggravated) misdemeanors, which carry up to 364 days in jail and a $2,000 fine.
Common examples of misdemeanors include:
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Petty theft
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Public intoxication
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Trespassing
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Vandalism
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Driving under the influence (first offense)
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Domestic battery (without serious injury)
You can view a complete list of penal codes and sentencing guidelines through the California Penal Code database.
Misdemeanor vs. Felony in California
Understanding the distinction between misdemeanors and felonies is essential. Felonies typically involve more severe crimes like robbery, assault with a deadly weapon, or repeated DUI offenses. The key difference is in the penalties: felonies can lead to years in state prison, while misdemeanors are served in county jail.
Additionally, some crimes in California are classified as “wobblers”—they can be charged either as misdemeanors or felonies depending on the circumstances and criminal history of the defendant. This classification gives prosecutors and judges discretion in how they pursue a case.
For a legal breakdown of wobblers and how they’re handled in California, check out this overview by NOLO.
The Legal Process for a Misdemeanor Case
The legal process for a misdemeanor charge in California usually follows these steps:
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Arrest or citation
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Arraignment – where you enter a plea
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Pre-trial hearing
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Plea deal or trial
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Sentencing (if convicted)
Unlike infractions, misdemeanor charges require you to appear in court. If you fail to do so, a bench warrant can be issued for your arrest. In some cases, you may be eligible to have a defense attorney appear on your behalf.
Can a Misdemeanor Affect Your Record Permanently?
Yes. While misdemeanors are less serious than felonies, they still result in a criminal record. This can impact employment, housing applications, and professional licenses. However, California offers relief through expungement.
Under California Penal Code § 1203.4, if you’ve successfully completed probation or jail time, you may be eligible to petition the court for expungement. While this doesn’t erase the conviction, it does update your record to reflect that the charge was dismissed.
You can find more on expungement eligibility and the filing process through the California Courts self-help center.
What To Do If You’re Charged With a Misdemeanor in California
If you’ve been charged with a misdemeanor, it’s essential to act quickly:
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Do not ignore the court date.
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Consult a criminal defense attorney. Even for a seemingly minor offense, a skilled attorney can help reduce the charges, negotiate alternative sentencing, or seek dismissal.
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Avoid discussing your case publicly, including on social media.
You can find qualified criminal defense lawyers by searching the California State Bar Attorney Search.
Recent Changes in California Misdemeanor Law in 2025
California has introduced several reforms aimed at reducing unnecessary incarceration and giving nonviolent offenders a second chance. For instance:
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Judges now have expanded discretion to assign diversion programs instead of jail time.
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Remote court appearances are now more widely accepted, which can reduce court-related burdens.
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Advocacy groups continue to push for automatic expungement for certain non-violent misdemeanor charges.
Stay updated with reforms through the California Courts Newsroom.
Misdemeanors in California may not be as severe as felonies, but they are not to be taken lightly. Understanding your rights, the legal process, and your options for defense can make a huge difference in your outcome. Whether you’re facing charges or just want to stay informed, knowing how California law handles misdemeanors in 2025 is key to protecting your future. Contact a Misdemeanor Attorney in Santa Rosa to help.