In California, lower-grade criminal offenses are classified as misdemeanors. Many (if not, most) people have their first interaction with the criminal justice system when they are arrested or charged with a misdemeanor. While misdemeanors are considered to be less serious crimes, the consequences that result from misdemeanor convictions can be quite serious.
Know that if you are facing misdemeanor charges, you don’t have to navigate this situation alone. The knowledgeable, compassionate, and experienced Oakland misdemeanor lawyers of Lamano Law Office are here to defend your rights. Our all-women criminal defense team has spent more than 30 years of combined legal experience defending the rights of people who have been charged with misdemeanors in the East Bay. During that time, we have secured successful outcomes in more than 1,000 cases.
Schedule a confidential consultation with a knowledgeable Oakland misdemeanor attorney at our firm today to explore your legal options. We can explain the best-case, worst-case, and likely scenarios of your charges, as well as the approach to representation that our team will take while working to safeguard your future.
Which Offenses Are Classified as Misdemeanors in California?
In California, a misdemeanor crime is any offense for which the maximum term of incarceration is 364 days in jail. Any crime that is punishable by 365 days or more in jail is classified as a felony.
Examples of misdemeanors under the California Penal Code include:
- Driving with a suspended license
- Public intoxication
- Disorderly conduct
- Petty theft
- Solicitation of prostitution
- Reckless driving
- Violation of probation
- Violation of a restraining order
- Domestic violence
- Simple assault & battery
- Indecent exposure
- Disturbing the peace
- Receiving stolen property
- Simple drug possession
Our Oakland Misdemeanor Attorneys Will Fight for Your Rights
Facing a misdemeanor charge in Oakland can be frightening and stressful. Let us take some of that worry off your shoulders. At Lamano Law Office, you’ll find a team of caring and compassionate Oakland misdemeanor lawyers who can provide you with reputable, dedicated legal representation grounded in respect and attention to detail. Our Oakland misdemeanor attorneys will fight to obtain a favorable result for your legal situation by:
- Carefully examining the details of your case to identify potential factual and legal defenses
- Providing an honest assessment of the best-case, worst-case, and likely outcomes in your misdemeanor case
- Treating you with the dignity and respect you deserve so that you feel comfortable talking to us and allowing us to fight for your rights
- Moving to exclude any prosecutorial evidence that was obtained in violation of your rights
- Challenging the prosecution’s case by filing motions to reduce or dismiss your charges for insufficient evidence
- Negotiating with prosecutors, as appropriate, to reduce your misdemeanor charges to infractions or to reach a plea deal that lessens the consequences of a conviction
- Advocating on your behalf in court hearings and at trial should you decide to contest your charges
What Are the Categories of Misdemeanors in California?
Misdemeanor offenses fall into one of two categories in California:
- Standard misdemeanors: Examples include shoplifting and public intoxication
- Gross/aggravated misdemeanors: Examples include violating a restraining order, domestic battery, or DUI
Expungement of Misdemeanor Convictions
In some cases, individuals may be eligible to have a misdemeanor expunged from their criminal record. Expungement is the process of sealing a criminal conviction or dismissal so that it does not appear on background checks and other types of searches. To learn more about your eligibility for expungement, schedule a consultation with a knowledgeable Oakland misdemeanor lawyer at our firm.
What Are the Penalties for a Misdemeanor Conviction?
Generally speaking, standard misdemeanors are punishable by up to 6 months in jail whereas aggravated misdemeanors are punishable by up to 364 days in jail. However, courts do have some discretion in sentencing scenarios. For example, you may be charged with an offense punishable by up to 364 days in jail. After we have negotiated with prosecutors and submitted a mitigation packet to the court in order to illustrate that your alleged offense was out of character for you and elements of your story should mitigate any punishment that you may be sentenced to, you may find that you’re sentenced to probation and community service, not jail time.