In California, an infraction is a minor violation of the law. Unlike misdemeanors and felonies, which are crimes, infractions are not considered to be crimes. If you get charged with an infraction, you can be fined up to $250.00 but as long as you pay the fine you cannot be sent to jail.
Sometimes a more serious offense can be reduced to an infraction. This means a person can originally be charged with a misdemeanor. Then, the prosecutor can agree to reduce the offense to an infraction.
Also note that some California crimes are “wobblettes.” These are crimes that a prosecutor can charge as either:
- an infraction, or
- a misdemeanor.
The prosecutor makes the decision based upon:
- the facts of the case, and
- the defendant’s criminal history.
Some examples of infractions under California law include:
- speeding, per Vehicle Code 22350 VC,
- illegal U-turn, per Vehicle Code 22100.5 VC, and
- running a red light, per Vehicle Code 21453 VC.
| CALIFORNIA LAW | Misdemeanor | Infraction |
| Type of Offense | Criminal | Civil |
| Potential incarceration | Up to 6 months in county jail (or up to 364 days in some cases) | 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 |
Our California criminal defense attorneys will explain the following in this article:
- 1. What is an infraction?
- 2. Can a person go to jail for these crimes?
- 3. How does an infraction differ from a misdemeanor?
- 4. Can a defendant get a misdemeanor reduced to an infraction?
- 5. What are some examples of infractions in California?
- Additional reading
1. What is an infraction?
An infraction is one type of offense in California’s criminal justice system.
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
Infractions are punishable by a fine. The maximum amount is $250.2
These offenses will not cause people to lose their immigration status. Some misdemeanors and felonies can cause unfavorable results for non-citizens. These results can mean:
Infractions, however, do not trigger adverse immigration consequences.
Example: Martin is pulled over for driving 45 mph in a school zone. The police officer gives him a speeding ticket per VC 22350. This offense is charged as an infraction, as opposed to either a misdemeanor or a felony.
To fight the ticket, Martin attends traffic court. Martin is not a U.S. citizen. Even if the judge finds him guilty, it will have no impact on his immigration status.
Infractions are considered the least serious class of crimes in California.
2. Can a person go to jail for these crimes?
Infractions do not subject an offender to jail or prison time.
They also do not cause a person to be placed on probation. This includes both:
Infractions do not lead to imprisonment or probation. Thus a person charged with one does not have the right to a jury trial. Trials, rather, are “bench trials” that occur before a judge.
Further, a person charged with an infraction can hire a defense attorney to assist in the matter. But the State is not required to appoint a public defender for representation.
See our related article on failure to appear on traffic infractions (40515 VC).
3. How does an infraction differ from a misdemeanor?
An infraction is different from a misdemeanor.
Misdemeanors are more serious offenses than infractions. A misdemeanor can lead to the following penalties:
- custody in the county jail for up to one year, and/or
- a maximum fine of $1,000.3
Infractions, again, are punishable only by a fine, but no jail time.
Note that there are some crimes that a prosecutor can charge as either:
- an infraction, or
- a misdemeanor.
These crimes are known as wobblettes under California criminal law. A prosecutor decides which type of crime to charge by considering a defendant’s:
- criminal history, and
- severity of their offense.
Infractions are punishable by a fine and no jail time.
4. Can a defendant get a misdemeanor reduced to an infraction?
An accused person may be able to get a misdemeanor crime reduced to an infraction.
Penal Code 17d PC gives the court the authority to reduce some misdemeanors to infractions.4
The prosecutor also has authority to reduce charges. This typically happens through a plea agreement 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. It is not a felony, an infraction, or even a wobblette.
Prior to trial, the prosecutor and Paco’s defense attorney discuss the case. The defense lawyer mentions that Paco has no prior record. He works full time and supports a family. The prosecutor acknowledges this. He agrees to reduce Paco’s misdemeanor offense to an infraction. As a result, Paco will avoid a criminal record. And probation and possible jail time.
Some common misdemeanors that get reduced to infractions are:
- disturbing the peace, a violation of Penal Code 415 PC,
- theft of lost property, a violation of Penal Code Section 485 PC, and
- trespassing, a violation of Penal Code Section 602 PC.
Note that a prosecutor will not agree to reduce a felony to an infraction.
5. What are some examples of infractions in California?
Most infractions in California are traffic or moving violations. Some examples are:
- speeding, per Vehicle Code 22350 VC,
- illegal U-turn, per Vehicle Code 22100.5 VC,
- running a red light, per Vehicle Code 21453 VC,
- driving on a bike lane, per Vehicle Code 21209 VC,
- crossing a divided highway, per Vehicle Code 21651a VC,
- unsafe passing, per Vehicle Code 21750 – 21759 VC, and
- window tinting, per Vehicle Code 26708 VC.
Additional reading
For more in-depth information, refer to these scholarly articles:
- Disbursment 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. 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.
- California Penal Code 19.8.
- California Penal Code 19.
- California Penal Code 17d.