Infractions, Misdemeanors and Felonies: What it all means

There are three different levels of public offenses in California state courts.  Infractions are the least serious.  Infractions are punishable only by fines and not by any jail time.  Common examples of infractions include speeding tickets, jaywalking, littering, etc.  Infractions are also often viewed as not being criminal convictions.  Someone charged with an infraction has a right to contest the charge and present evidence.  As jury trials are not considered a right in infraction cases, so a judge will decide the issues of fact and law in an infraction trial.  The government must still prove each element of the offense beyond a reasonable doubt, but infraction courtrooms are far less formal.  Often, there will be no prosecutor at all.  The most serious punishment with many infraction cases is the impact on the defendant's driving record/privilege.  The DMV tracks points for traffic infractions and can suspend a license upon accumulation of too many points.  Additionally, points can affect car insurance rates and lease terms.

LOS ANGELES MISDEMEANOR LAWYER

Misdemeanors are significantly more serious.  Not only are misdemeanors punishable by up to one year in the county jail, but a misdemeanor conviction is a criminal conviction.  This can affect employment, licensing, school and more. 

LOS ANGELES FELONY LAWYER

Felonies are the most serious offenses and carry the most severe consequences.  Felonies include everything from possession of certain kinds of drugs up to rape and murder.  Felonies are punishable by more than a year in state prison.  This does not mean that if convicted of a felony, one would have to serve more than a year; convicted felons are often sentenced to shorter jail stays or with no jail time at all.  Felony convictions also carry severe collateral consequences, affecting voting rights, gun rights, and having a substantial effect on employment prospects.

Certain crimes can be charged as either felony or misdemeanor ("wobblers") or infraction or misdemeanor ("wobblette").  In these circumstances, the charging prosecutor has substantial discretion and will consider the facts of a case, the value of any stolen/damaged property and other factors when deciding how to file a case.  A few examples of "wobblettes" are trespassing (PC 602), petty theft (PC 484 or PC 488), appropriation of property (PC 485).  Some common "wobblers" (misdemeanor/felony) are possession of methamphetamine (HS 11377), assault (PC 240), vandalism (PC 594), and burglary (PC 459).  If someone is convicted of a felony "wobbler", they may be eligible to have that felony reduced to a misdemeanor.  More information on keeping your record clean.

If you have been arrested or charged with a crime in Los Angeles or Southern California, it is your right to have an attorney represent you.  Contact the Law Offices of Nicholas Loncar for a free consultation with a Los Angeles Criminal Defense Attorney.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
[email protected]
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar