Being charged with a misdemeanor or an infraction are not the same thing, though many people confuse the two. At Law Office of Michael L. Fell we believe it is important for our clients to understand the difference in seriousness. Read on to learn more and then contact us at (949) 585-9055 if you need a free legal consultation.
Infractions
In the state of California, the main difference between an infraction and a misdemeanor is in how they are punished. An infraction is the less serious of the two and comes with a maximum fine of $250. However, this is just the base fine. The actual cost to the individual is generally much higher due to fees and penalties There is no jail time for an infraction. Some of the most common examples of infractions are:
- Speeding
- Tailgating
- Failure to yield to a pedestrian
There can be other non-legal consequences of infractions. For example, a person who receives an infraction for speeding could have points added to their driving record. This could increase their insurance rates. If enough points are added to their license, it could also put them at danger for suspension. In California, a person with four points has their license suspended for 12 months, six points means 24 months of suspension, and eight points leads to 36 months. There are other options, such as attending traffic school.
Misdemeanors
There are two types of misdemeanors in California: standard and gross. The maximum punishment for either one is 364 days in county jail. Some of the most common misdemeanors are:
A standard misdemeanor can result in up to six months in county jail and a maximum fine of $1,000. Examples include shoplifting and drug possession. A gross misdemeanor is more serious and the consequences can be up to 364 days in county jail and fines of more than $1,000. Examples include DUI and domestic battery. Some misdemeanors are wobblers and can be charged as either a misdemeanor or felony, such as assault with a deadly weapon or elder abuse.
Wobblers
There are some situations that are considered wobblers, which means they can be charged either as an infraction or a misdemeanor. The prosecution will decide how it will be charged based on the facts of the case and the criminal history of the accused. Example of wobbler offenses include disturbing the peace and exhibition of speed.
Contact an attorney for additional information
If you still have questions about infractions vs misdemeanors, or if you are being charged with either one and need the advice of an attorney, contact Law Office of Michael L. Fell at (949) 585-9055. We can provide you with a free consultation to get the process started.