Have you ever considered how the law distinguishes between minor offenses and major crimes? The law categorizes offenses into several classes, and misdemeanors are among the most common yet often misunderstood types of offenses. These are crimes that are generally not as serious as felonies but have significant repercussions, including fines, probation, and even incarceration.
Understanding misdemeanors is crucial because they relate to everyday conduct and play a significant role in maintaining public order. They form the backbone of most local justice systems and include cases ranging from traffic violations to community disturbances. Although often perceived as minor, a misdemeanor conviction can have a significant impact on your criminal record, employment opportunities, and reputation.
Below are real-life examples of common misdemeanor offenses, along with the corresponding legal definitions.
California Theft and Property Crimes Misdemeanors
In California, most thefts and less serious property offenses are classified as misdemeanors, a legal classification that has been significantly influenced by Proposition 47, passed in 2014. One of the main differences among these crimes is the $950 threshold. When the value of goods or damage exceeds this amount, the crime is often elevated to a felony (grand theft).
The typical punishment for a standard misdemeanor is:
- A maximum of six months in county jail
- A fine of up to $1,000
- Both a jail sentence and a fine
- Restitution to the victim, which is compulsory
Petty Theft (Penal Code 484)
The basic theft crime is petty theft, which is regulated by Penal Code Section 484. It is categorized as stealing another person's property, services, or money to deprive the owner permanently. For this crime, the total value of the stolen items is below $1,000.
Penal Code Section 484 acts as a catch-all for various forms of theft, including:
- Larceny — This refers to the physical taking and transfer of property
- Theft by trick — The deception of the victim into handing over ownership of the property, but not ownership
- Theft by false pretense — Refers to deceiving the victim into voluntarily transferring both possession and ownership of property.
- Theft by embezzlement — Unlawfully converting property that was legally entrusted to the defendant (often in white-collar contexts)
Shoplifting (Penal Code 459.5)
The crime of shoplifting is a specific type of crime defined by Penal Code 459.5. It is characterized as walking into a business premise when it is open within its regular business hours to steal goods worth less than $950.
This law was specifically designed to differentiate between low-level retail theft and the more serious accusation of commercial burglary (Penal Code 459). If the defendant goes to the store with the necessary intent to commit an act of stealing property worth less than $950, they could be accused of misdemeanor shoplifting. However, they cannot also be charged with burglary for the same act.
Criminal Trespassing (Penal Code 602)
Criminal trespassing, as defined in Penal Code 602, is a property crime that may or may not involve theft. It typically consists of entering or remaining on someone's premises without authorization or without any legal right to be there.
Violating PC 602 is costly, and the extent of the accusation typically depends on the situation and the location. The trespassing would either fall under a misdemeanor or a less frequent case of an infraction. A few examples of misdemeanor trespassing include:
- Entering and using privately owned land without the approval of the owner
- Failure to leave a business upon being requested to do so by the owner or manager
- Entering properties marked with “No Trespassing” signs for damaging property or disrupting business-related activities
Any conviction of these misdemeanor crimes is likely to result in:
- A six-month jail sentence
- Fines of up to $1,000
The court often, however, imposes probation, community service, and mandatory counseling or classes rather than jail time, especially for first-time offenders. The punishment is always heavier when the offender has previous convictions for theft-related offenses or when they must be registered as a sex offender.
Crimes Against the Person (Violence and Assault)
Misdemeanor offenses against the person include those that cause minor physical injuries or pose a risk of harm. Although most misdemeanors carry a sentence not exceeding six months, violent crimes are typically considered gross misdemeanors. They result in:
- Jail terms of up to one year
- Fines of up to $1,000
Simple Assault (Penal Code 240)
Simple assault is one of the most commonly charged violent misdemeanors. Penal Code 240 defines assault as an illegal attempt, coupled with a present ability, to inflict violence on another person.
The critical element of PC 240 is that no physical contact is necessary. The crime is complete once the defendant makes a move or takes an action that demonstrates the intent to use force. For example, acts like pushing someone or swinging a fist without making contact can constitute assault.
Domestic Battery (Penal Code 243(e)(1))
Even though numerous domestic violence (DV) cases fall under the felony category, like Penal Code 273.5, corporal injury to a spouse that includes any visible injury, most typical DV cases are misdemeanors.
Penal Code 243(e)(1) is the most commonly charged misdemeanor, often referred to as domestic battery. This crime occurs when battery is committed against:
- A fiancé, spouse, cohabitant, or
- A person with whom the defendant has had a child
- A person with whom a dating relationship currently exists between the defendant and the other person
Since battery is legally referred to as any form of willful and illegal use of force or violence against another person, even an incidental, non-permanent touch, this section usually carries a misdemeanor charge. The victim in question is subjected to minimal or no apparent harm. The punishment for a PC 243(e)(1) violation is more severe than a simple assault, like being forced to complete a 52-week batterer's treatment program and a potential maximum sentence of one year in county jail.
From the ongoing discussion, what stands out is the distinction between assault (PC §240) (an attempt or a threat of using force) and battery (PC §242) (the actual or intended use of force or violence, done angrily or offensively).
Traffic and Vehicle Violations
Misdemeanors under the Vehicle Code (VC) are among the highest-volume criminal offenses. These offenses are subject to jail punishment, hefty fines, and license suspension, unlike minor offenses, which are punishable by a fine only.
Driving Under the Influence (VC 23152(a) and (b))
One of the most frequently charged misdemeanors is driving under the influence (DUI). A one-time violation of DUI in which no harm is caused is processed in two different parts as follows:
- VC 23152(a) — Driving a vehicle while under the influence of any alcoholic beverage or drug. This depends on impairment, whether the driver’s physical or mental capacity is impaired to the extent that they are no longer able to drive as safely as a sober, cautious person would. Even below the legal BAC limit, if impairment is evident, a conviction is still possible.
- VC 23152(b) — This law makes it an offense to operate a car with a blood-alcohol concentration (BAC) of 0.08% or higher. It is commonly known as a per se violation, which means that the crime is determined solely by the measurable BAC, irrespective of whether the driver appeared impaired or not.
The typical DUI conviction has a fixed minimum penalty, which includes fines, probation, DUI school, and suspension of the driver's license by the Department of Motor Vehicles (DMV).
Reckless Driving (VC 23103)
Reckless driving can be described as driving a car without regard for the safety of others or property. It is not mere negligence, but rather the driver must be aware that their actions pose a significant and unreasonable risk of harm, and they knowingly disregard that danger.
Some examples of this behavior that can be reckless driving include:
- Driving at excessively high speeds, for instance, over 100 mph
- Switching in and out of traffic at reckless speeds
- Speed contests (racing)
Reckless driving is often plea-bargained to a lesser charge, such as a wet reckless (VC 23103.5) or dry reckless (VC 23103), which carries less severe consequences than a full DUI conviction.
Operating Under Suspended or Revoked License (VC 14601)
This violation occurs when an individual operates a motor vehicle whose driving rights have been revoked or suspended due to specific reasons, including DUI, reckless driving, or failure to appear in court, and the offender was aware of the suspension at the time of operation.
The most important aspect is the awareness of the suspension. The law often presumes knowledge if the DMV sends a notice of suspension to the address the person had as their last known address, and the notice is not returned as undeliverable. The cause of the initial suspension determines the punishment, but a first-time violation under VC 14601 may result in a minimum sentence of five days and a maximum of six months in county jail.
Abuse of Vehicle Registration and License Documents (VC 4462.5)
The statute categorizes the intentional presentation or display (exhibit) of false, fictitious, or forged vehicle registration cards, license plates, or validation stickers in an attempt to evade registration requirements as a misdemeanor.
This crime targets those individuals who, when trying to evade fees, fines, or law enforcement, use:
- License plates that belong to another vehicle
- Altered or counterfeit validation stickers (tabs)
- A false registration card after a traffic stop
In contrast to an infraction, a simple ticket for expired tags, VC S4462.5, requires evidence of a desire to defraud or evade legal requirements and is thus a criminal offense.
Public Decency and Order Offenses
Misdemeanor charges involving public order and decency encompass a vast range of behaviors that interfere with peace, safety, or the morale of the people. The crimes are often charged under Penal Code 647, which addresses instances of disorderly conduct.
Drunk in Public (Penal Code 647 (f))
Penal Code 647(f) makes it a misdemeanor to be found in any public place under the influence of any drug, intoxicating liquor, controlled substance, or a combination thereof, if the person is:
- Unable to take care of their own safety and that of others
- Blocking any of the streets, sidewalks, or other ways
The law is not merely meant to punish intoxication, but to ensure the safety of citizens. This charge may not apply in cases where a person is drunk but is resting or waiting somewhere safe, like in a ride-share vehicle. The key is the inability to function safely or the blocking of public access.
Prostitution (Penal Code 647(b))
PC 647(b) makes it a misdemeanor violation for any person to solicit, or to agree to engage in, or to engage in any act of prostitution. This involves not only the one who provides sex for money (the prostitute) but also the person who provides money in exchange for sex (the customer).
The act of merely soliciting (offering) or agreeing to the act of prostitution, even if the act itself does not occur, is sufficient to constitute the crime.
Indecent Exposure (Penal Code 314)
Indecent exposure is an act of willfully and lewdly exposing the private parts in public or any place where other people may be offended or annoyed. It is a crime under PC 314.
A PC 314 violation is typically a misdemeanor offense on a first violation. In this charge, the defendant must have had lewd intent, that is, he/she must have been willing to attract attention to his/her exposed genitals either for sexual satisfaction or to insult. The accidental exposure is inadequate.
When a person is convicted of an offense involving indecent exposure in the past, the second offense is automatically classified as a felony, and the outcome is harsher penalties and registration as a sex offender.
Drug Possession Cases
The illegal possession of controlled substances is addressed in various sections of the Health and Safety (HS) Code. While many drug-related crimes remain serious felonies (such as possession for sale or trafficking), simple possession for personal use has mainly been reclassified.
Controlled Substances (HS 11350) Possession
The illegal possession of narcotics and controlled substances, including typical and popular street drugs, such as cocaine, heroin, some opiates, and unlawful prescription drugs, is regulated by Health and Safety Code Penal Code 11350. To establish this charge, prosecutors must demonstrate that the defendant:
- Had control over the substance
- Knew of its presence
- Knew that it was a controlled substance
The Impact of Proposition 47
The passage of Proposition 47 in 2014 fundamentally redefined simple drug possession in California. Before this initiative, HS 11350 was typically prosecuted as a felony (a wobbler, which could be reduced). Proposition 47 currently requires that the personal-use possession of a controlled substance be a misdemeanor in most cases.
This misdemeanor is usually punishable by no more than a year in county jail and a fine, but most first-time offenders are now referred to drug diversion programs and treatment rather than jail.
Note: The charge is a felony with a particular group of defendants, most commonly repeat criminals of certain serious offenses (also commonly known as super strikes), including murder, several gun crimes, or sex offenders who must register under Penal Code 290. For all other individuals, this offense is classified as a misdemeanor.
Specialized Misdemeanor Crimes Against Justice and Animals
Under the complex system of the Penal Code, some crimes are aimed at infringing judicial norms and animal well-being. Although these crimes may occasionally be referred to as felonies, the misdemeanor classification is widely used, which permits essential differences in terms of intent and result.
Tampering With Evidence (PC 141)
The deliberate interference with the physical matter to be used in a court of law is covered in Penal Code 141. An individual commits this offense by acting with knowledge and will and wrongly alters, modifies, plants, places, manufactures, conceals, or moves any physical substance (digital image) or video recording.
What counts is the specific intent. The act should be committed with the intention of either wrongfully implicating someone in a crime or producing the evidence falsely to be authentic in court. For an average citizen, PC 141 is typically considered a misdemeanor, punishable by a jail term of up to one year and a fine. However, when the individual involved in the act is a peace officer or a prosecuting attorney, the crime is elevated to a felony, as the community trusts these individuals.
Leaving an Animal in Vehicle Causing Great Bodily Injury (PC 597.7)
The law has stringent provisions against leaving an animal in a motor vehicle without supervision or keeping it in a confined space that creates conditions that threaten its health or well-being, like extreme temperatures (either hot or cold) or the absence of ventilation, food, and water.
The initial offense of leaving an animal in hazardous surroundings is typically considered a misdemeanor, which carries a fine of $100 for the first offense. The crime, however, becomes a lot greater when the animal suffers great bodily injury (GBI) or death. When confinement is the cause of GBI to the animal, the infraction is a misdemeanor, subject to a maximum of six months in the county jail, a fine, or both. Any further breach of PC 597.7, with or without injury, is also per se charged as a misdemeanor. This law underscores the state's commitment to preventing animal cruelty, with punishment proportionate to the harm inflicted.
Find a Criminal Defense Lawyer Near Me
In reviewing common misdemeanors, the crucial takeaway is that while these charges are less severe than felonies, they are far from minor offenses. Even a less serious crime conviction may result in up to a year in county jail, substantial fines, and a permanent criminal record, which can affect job opportunities and housing. Do not be overwhelmed by the legal process or let chance dictate your future. Call the Los Angeles Criminal Lawyer if you are facing any criminal charge. Contact our team at 310-502-1314 and access the professional help you need to defend your rights and protect your record aggressively.
