What are some examples of misdemeanors?

Some examples of misdemeanors include assault, shoplifting, and petty theft. These are all criminal offenses that are more severe than an infraction, but less severe than a felony. Misdemeanors carry up to 1 year in county jail and $1,000 in fines.

What are some examples of misdemeanor crimes?

Some common examples of misdemeanor crimes in California are:

• tampering with evidence (Penal Code 141 PC),
• simple assault (Penal Code 240 PC),
• indecent exposure (Penal Code 314 PC), except for repeat offenders,
• shoplifting (Penal Code 459.5 PC),
• petty theft (Penal Code 484 PC),
• leaving an animal unattended in a vehicle, causing great bodily injury (Penal Code 597.7 PC),
• certain charges of trespassing (Penal Code 602 PC),
• many crimes of domestic violence,
• prostitution (Penal Code 647(b) PC),
• being drunk in public (Penal Code 647(f) PC),
• drug possession (Health and Safety Code 11350 HS),
• vehicle registration fraud (Vehicle Code 4462.5 VC),
• driving on a suspended license (Vehicle Code 14601 VC),
• reckless driving (Vehicle Code 23103 VC), and
• driving under the influence (DUI) without an injury (Vehicle Code 23152(a) and (b) VC).

All of these are more serious crimes than infractions because they carry the potential for jail time. They are also less serious than felonies.

In states other than California, some otherwise identical offenses may not be misdemeanors. States make their own criminal laws, so they are free to classify crimes differently.

What do all misdemeanors have in common?

All California misdemeanors carry up to 1 year in county jail for a conviction. This makes them different from infractions, which do not carry jail time, at all. It also makes them different from felonies, which can carry more than 1 year of confinement. Felony convictions carry time in state prison, not county jail.

Nearly all misdemeanors are non-violent offenses. If they do involve the use of force or violence, like assault, the injuries that they produce are generally minor. For example, in California:

• battery (Penal Code 242 PC) is the use of force or violence on someone else, and is a misdemeanor, but
• aggravated battery (Penal Code 243(d) PC) is the use of force or violence on someone else that causes a serious bodily injury, and is a wobbler.

Many misdemeanors are also victimless crimes. These include offenses like drug possession or DUI without an injury or accident.

Misdemeanors property crimes typically involve smaller amounts of money ($950 or less in California theft cases). Once the amount in question exceeds that threshold, prosecutors bring felony charges instead.

Finally, misdemeanors (like felonies) arise out of written statutes that were enacted by the state legislature or a city/county commission. This is a big difference between crimes and civil causes of action, which typically arise out of “common law” rather than statutes.

What is the burden of proof?

In all criminal cases – including those involving misdemeanors or felonies – prosecutors have the burden to prove guilt beyond a reasonable doubt in order to win a conviction at trial. This is a much higher burden of proof than at civil trials, where plaintiffs have to prove liability by a preponderance of the evidence or by clear and convincing evidence.

What are the penalties for a conviction on misdemeanor charges?

California misdemeanor offenses carry penalties of up to:

• 1 year in county jail, and/or
• $1,000 in fines.

In California, there are 2 types of misdemeanors:

1. standard misdemeanors, and
2. “aggravated” or gross misdemeanors.

Standard misdemeanors only carry the potential for up to 6 months in jail. Aggravated or more serious misdemeanors are punishable with up to 364 days in jail.¹

Note that in some other states, misdemeanors are classified into separate “classes” or categories” with their own numbering or lettering systems. Each class or category has its own sentencing range.

Probation instead of jail

Judges often sentence misdemeanor defendants to a term of probation, rather than a jail sentence.

Misdemeanor (summary and informal) probation is a term of community supervision. Law enforcement gets to supervise the defendant after conviction, but the defendant is not confined in jail. Instead, the defendant is released back into the community. However, he or she will have to comply with the rules imposed by the court.

These terms of probation often include:

• paying victim restitution,
• performing community service,
• participating in counseling or treatment programs,
• checking in with the court for regularly scheduled progress reports,
• staying away from drugs or alcohol, if the misdemeanor was for a drug- or alcohol-related offense, and
• not committing another crime while on probation.

For misdemeanors, probation typically lasts for 1 to 3 years. Certain criminal statutes specify a different term, though.

Violating a term of probation can lead to the judge revoking probation. If probation is revoked, the defendant can be sent to jail to serve the rest of his or her term behind bars.

What are wobblers?

In California, wobblers are offenses that can be prosecuted as more than one category of crime. They “wobble” between 2 types of offenses. There are violations that can be prosecuted either:

• as a non-criminal infraction or a criminal misdemeanor, or
• as a misdemeanor or a felony.

Prosecutors generally have the discretion to choose how to pursue the criminal allegation. They often look to the defendant’s criminal background and the specific facts of the case.

Examples of infraction/misdemeanor wobblers include:

• disturbing the peace (Penal Code 415 PC),
• criminal trespass (Penal Code 602 PC),
• leaving an animal unattended in a vehicle (Penal Code 597.7 PC), and
• most traffic violations.

If pursued as an infraction, a conviction is punishable with only a fine. If law enforcement files misdemeanor charges, a conviction can carry a maximum of 1 year in jail. Most infraction/misdemeanor wobblers are standard misdemeanors that only carry up to 6 months in jail.

Examples of misdemeanor/felony wobblers include:

• sexual battery (Penal Code 243.4 PC),
• child endangerment (Penal Code 271 PC),
• burglary (Penal Code 459 PC), and
• vandalism (Penal Code 594 PC).

Misdemeanor convictions for these offenses can carry a maximum punishment of up to 1 year in jail. If pursued as a felony charge, however, the defendant could be sentenced to jail or state prison for a number of years. The sentence can be substantially longer than just 1 year for these criminal convictions. These are serious offenses that can tarnish the defendant’s criminal record.

Regardless of the nature of the criminal charges, defendants stand to benefit from getting the legal advice of a criminal defense attorney from a local law firm. A skilled criminal defense lawyer can help you to defend against the charges.

They may also be able to help with the expungement process to seal your record.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Criminal Law: Punishment: Misdemeanors: Statutory Construction – California Law Review.
• Three Strikes and You’re in (For Life): An Analysis of the California Three Strikes Law as Applied to Convictions for Misdemeanor Conduct – Thomas Jefferson Law Review.
• Misdemeanors – California Law Review article providing an overview of misdemeanor crimes.
• Misdemeanors by the Numbers – Boston College Law Review article examining misdemeanor cases through every stage of the criminal justice process.
• Crashing the Misdemeanor System – Washington & Lee Law Review article discussing the detrimental effects of misdemeanor convictions on defendants.

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