Mastering Misdemeanors: Safeguard Your Record and Future

Understanding Misdemeanors in California

In California, misdemeanors are criminal offenses punishable by up to one year in county jail and fines of up to $1,000 (unless otherwise specified by statute). Though less serious than felonies, misdemeanors can still affect your employment, professional licensing, and reputation.

Common Misdemeanor Charges

• DUI (Driving Under the Influence): Operating a vehicle while impaired by alcohol or drugs.
• Domestic Violence: Altercations or threats involving family or household members.
• Petty Theft & Shoplifting: Theft of property valued under $950.
• Simple Assault & Battery: Minor physical altercations or threats of harm.
• Drug Possession: Possessing small amounts of controlled substances without a valid prescription.
• Disorderly Conduct: Disturbing the peace or public intoxication.

Potential Penalties & Consequences

Misdemeanor penalties vary depending on the offense, prior history, and circumstances of the case. Even if jail time is avoided, a conviction can have lasting effects.

• Up to one year in county jail
• Probation (typically three years)
• Fines and court fees
• Community service or counseling programs
• Mandatory classes (anger management, DUI education, etc.)

In addition to criminal penalties, background checks can reveal convictions to employers, landlords, and licensing boards.

Building a Strong Defense

A misdemeanor defense should be strategic and proactive. Attorney William Hovsepyan brings over 20 years of courtroom experience to every case, ensuring that every detail is reviewed for possible defenses or dismissal opportunities.

Common Defense Strategies Include:

• Challenging Evidence: Questioning the validity of searches, seizures, or testing procedures.
• Witness Credibility: Exposing inconsistencies or bias in witness statements.
• Procedural Errors: Identifying violations of due process or Miranda rights.
• Negotiation: Working toward reduced charges or diversion when appropriate.

Alternative Sentencing & Diversion

Many first-time offenders qualify for diversion or alternative sentencing programs, allowing them to avoid a criminal record upon successful completion.

• Diversion Programs: Completion of classes or community service in exchange for case dismissal.
• Informal Probation: Avoids jail while meeting court-imposed conditions.
• Deferred Entry of Judgment: Common for certain drug-related offenses.
• Rehabilitation-Based Sentences: Counseling or treatment in place of incarceration.

Protecting Your Criminal Record

Even if you’ve already been convicted, options like expungement and record sealing may help minimize long-term effects. California law allows certain misdemeanors to be dismissed after probation, giving you a clean slate when seeking employment or housing.

Quick FAQs

Can I go to jail for a misdemeanor?

Yes, but many cases are resolved through probation, diversion, or community service instead of incarceration.

Will a misdemeanor show up on a background check?

Yes. However, an expungement can remove the conviction from most employment-related background checks.

Can a misdemeanor be reduced or dismissed?

Yes. With the right defense strategy, charges may be reduced, dismissed, or diverted before conviction.

Do I need a lawyer for a misdemeanor?

Absolutely. A skilled lawyer can protect your rights, negotiate reduced penalties, and prevent long-term record damage.