In California, an infraction is a minor violation of the law. Unlike misdemeanors and felonies, infractions are not crimes and carry no jail or prison time. Instead, you face a civil fine of up to $250.
Sometimes misdemeanors can be reduced to infractions as part of a plea bargain. This way, you avoid a criminal record and the risk of jail time.
In this article, our California criminal defense attorneys discuss the following topics:
- 1. What are infractions?
- 2. Jail
- 3. Infraction v. Misdemeanor
- 4. Plea Bargains
- 5. Examples
- Additional Reading
1. What are infractions?
An infraction is one type of offense in California’s criminal justice system. It is punishable by a fine of up to $250.
In total, there are three general types of crimes in California. The three are:
- Infractions. These are the least serious offenses. They mostly include traffic violations.
- Misdemeanors. These are crimes punishable by a maximum of one year in county jail.
- Felonies. These are the most serious offenses. They are punishable by more than one year in jail or a sentence to state prison.1
Unlike some misdemeanors and felonies, infractions do not cause non-citizens to lose their immigration status.
Infractions are the least serious class of offenses in California.
2. Jail
Infraction convictions in California do not carry jail or prison time. They also do not cause a person to be placed on probation.
Because infractions do not carry a risk of incarceration, there is no right to a jury trial.2 Instead, you can fight infractions with a “bench trial” where a judge determines guilt.
Further, you can hire a defense attorney to assist in the matter. However, the state is not required to appoint a public defender if you cannot afford one.
See our related article on failure to appear on traffic infractions (40515 VC).
Misdemeanors carry jail as a possible penalty. Infractions do not.
3. Infraction v. Misdemeanor
In California, misdemeanors are more serious offenses than infractions because possible penalties include not only fines: A misdemeanor also carries up to one year in jail.3
There are some crimes (“wobblettes“) that prosecutors can charge as either an infraction or a misdemeanor depending on your:
- criminal history and
- severity of your alleged offense.
The following table compares infractions and misdemeanors:
| CALIFORNIA LAW | Misdemeanor | Infraction |
| Type of Offense | Criminal | Civil |
| Potential incarceration | Up to 1 year in jail | No jail time |
| Fines | Up to $1,000 (in most cases) | Up to $250 (in most cases) |
| Right to Jury Trial | Yes | No |
| Right to Public Defender | Yes (if you cannot afford a lawyer) | No |
| Arrest and Booking | Yes | No, just a citation |
| Examples | Petty theft, simple assault | Traffic tickets, noise violations |
Most moving violations are infractions.
4. Plea Bargains
California courts have the authority to reduce some misdemeanors to infractions.4 The prosecutor also has authority to reduce charges, which typically happens through a plea agreement with defense counsel.
A reduction can even happen if a crime is not a wobblette. This means even straight misdemeanors can get reduced to infractions.
Example: Paco is charged with petty theft after stealing his neighbor’s watch. This crime is a straight misdemeanor in California. Since it is Paco’s first case and he shows remorse, the D.A. agrees to reduce the charge to an infraction.
Some common misdemeanors that get reduced to infractions are:
Infractions are punishable by a fine and no jail time.
5. Examples
Most infractions in California are traffic or moving violations. Some examples are:
- speeding (22350 VC)
- illegal U-turn (22100.5 VC)
- running a red light (21453 VC)
- driving on a bike lane (21209 VC)
- crossing a divided highway (21651a VC)
- unsafe passing (21750 – 21759 VC)
- window tinting (26708 VC)
Police issue citations for infractions. Suspects are not arrested.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Disbursement of Fines and Costs in Civil Infraction Cases – The University of Law Mercy Law Review
- Criminal Procedure—The Inapplicability of General Principles of Search and Seizure Incident to a Lawful Arrest to Those Arrested for Traffic Infractions – Buffalo Law Review
- Civil Fines and the Cycle of Poverty – GPSolo
- United States v. Halper, Punitive Civil Fines, and the Double Jeopardy and Excessive Fines Clauses – NYU Law Review
- Criminal Violations and Civil Violations – The Journal of Legal Studies
Legal References:
- California Penal Code 16 PC. See, for example, People v. Walker (Cal. App. 2d Dist. 2015) 237 Cal. App. 4th 111; People v. Hamilton (Cal. App. Dep’t Super. Ct. 1986) 191 Cal. App. 3d Supp. 13. 19.8 PC.
- Sixth Amendment to the U.S. Constitution.
- California Penal Code 19 PC.
- California Penal Code 17(d) PC.