Each state’s criminal law is governed by a certain set of laws and judicial rulings. Different jurisdictions may have different definitions and details for particular crimes. Reading the California Penal Code is the best course of action if you believe you have broken the law and want to determine whether it is a criminal offense in California or not.
DUI charges and other violations are serious crimes. Knowing what is prohibited in California will help you defend yourself and avert serious consequences. In this article, we’ll look at the categories of criminal charges in California as well as some illustrations of illegal behavior.
Table of Contents
Infractions
Petty offenses, sometimes known as infractions, are infractions of administrative rules, municipal statutes, and local ordinances. These offenses are not recognized crimes in California, so there is no jail or prison sentence associated with them.
Traffic offenses in California include things like speeding, driving without a seatbelt, cutting across a double yellow line, failing to stop for a school bus, and making an improper U-turn. Littering, making a disturbance, and neglecting to keep your dog on a lease are all examples of somewhat indecent behavior that is an infraction.
Despite the fact that infractions are the least serious type of criminal conduct in California, you still have the option of going before a judge and making your case. You won’t, however, be eligible for a jury trial or court-appointed legal representation. Your case may become a misdemeanor if you don’t pay the fine or don’t show up in court on the scheduled day.
Misdemeanor
While less severe than felonies, misdemeanors are more serious than infractions. You will have a criminal record if you are found guilty of a misdemeanor, which could have an impact on your future. However, the severity or seriousness of the criminal offense will determine the misdemeanor’s punishment.
You are entitled to a jury trial because minor offenses result in jail time as a punishment. You are allowed to appear before a judge with legal representation. In order to help you avoid a criminal record and jail time, your attorney will probably try to negotiate a plea deal that will turn your misdemeanor into an infraction. For a typical misdemeanor in California, the offender could spend up to six months in county jail. In addition, those who are found guilty of misdemeanor crimes are subject to a $1000 maximum fine. On the other hand, those who commit a gross or aggravating misdemeanor could spend up to a year in jail and pay a fine that exceeds $1,000.
Felonies
In California and all other US states, felonies are regarded as the most serious criminal offense. You will suffer long-term criminal repercussions in California if you are found guilty of a felony offence. In addition to a permanent stain on your criminal record, the penalties might include more than a year in the county jail or state prison.
If found guilty of a felony crime in California, the offender may also be subject to probation, parole, and a fine of up to $10,000. Those who commit offences on a regular basis will be punished even more severely. These repeat offenders might receive a 25-year prison term or perhaps a life sentence. Working with a skilled and qualified criminal defense lawyer is best because this type of criminal violation carries serious penalties. At your felony preliminary hearing, they can assist you in negotiating a plea to a misdemeanor.
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California Wobbler Offenses
Some of the criminal offenses mentioned in the article are included on both the misdemeanor and felony classes, as you may have seen. In California, where the offence can be charged as either a misdemeanor or a felony, these criminal offenses are referred to as wobbler crimes.
Prosecutors typically select into which category a wobbler offence would fall. Judges, however, also have the authority to determine whether a crime should be punished as a wobbler misdemeanor or wobbler felony. The defendant could be entitled to petition the court if they are found guilty of a wobbler crime.
When the defendant is held to answer at a preliminary hearing, a wobbler felony violation may be reduced to a misdemeanor crime. With the aid of a San Diego theft lawyer, some serious felony charges like theft can be reduced to a misdemeanor throughout the sentencing process.
Takeaway
One thing is crystal evident despite the fact that there are numerous categories and descriptions of what constitutes a criminal violation. All criminal offenses are subject to legal penalties. If found guilty, you could receive light penalties like a few hundred dollars in fines or severe ones like life in jail.
The first step you should do if you’re facing criminal accusations is to speak with a local criminal defense lawyer. They are familiar with California’s criminal code and can assist you in building a solid defense. You’ll have a strong chance of obtaining the finest result for your case with their assistance.
