Misdemeanors and Minor Traffic Offenses
Criminal Defense Attorneys in Los Angeles
What Is a Misdemeanor in Los Angeles, California?
In the state of California, a minor criminal case or misdemeanor, as it is called in English, or delito menor as it is known by definition, should not be taken lightly simply because it is called a minor offense. A misdemeanor is a criminal offense for which the maximum penalty does not exceed 364 days in county jail and a fine of no more than $1,000.00, or both. A misdemeanor is more serious than an infraction, or a ticket as it is commonly known, but less serious than a felony.
There are also certain offenses that may be prosecuted either as a misdemeanor or as a felony. Legally, these are known as “wobbler” offenses, meaning they can be charged as either a felony or a misdemeanor in the state of California. These are crimes that the prosecutor’s office may choose to charge as a misdemeanor or as a felony (or, in some cases, as a misdemeanor or an infraction) depending on the circumstances and the seriousness of the crime.
A small list of common standard misdemeanors includes (but is not limited to):
- Drug possession in California — California Health and Safety Code 11350 HS
- Public intoxication in California — Penal Code 647(f) PC
- Indecent exposure in public in California (1st offense) — Penal Code 314 PC
- Petty theft in California — Penal Code 484
- Prostitution in California — Penal Code 647(b)
- Shoplifting in California — Penal Code 459.5 PC, and
- Trespassing in California (some charges) – Penal Code 602 PC
A small list of common “aggravated” misdemeanors includes (but is not limited to):
- Domestic battery in California — Penal Code 243(e)(1)
- Driving with a suspended license in California — Vehicle Code 14601 VC
- DUI without injuries in California — Vehicle Code 23152(a) and (b), and
- Violation of a restraining order in California — Penal Code 273.6 PC
If you were stopped and received a traffic ticket or citation while driving in the state of California, it is essential to understand the types of charges that the officer may place against you. There is a significant difference between a traffic ticket for speeding, making a U-turn, or having a broken light, and a traffic violation for a misdemeanor offense such as driving under the influence or driving without a license.
No driver wants points added to their driving record or to pay a speeding ticket. However, an infraction will disappear from your driving record only with time or if you are eligible for traffic school, possibly every 18 months, if you request it in court and the judge grants it. By contrast, a traffic violation for a misdemeanor is a criminal act that could place you in deportation proceedings if you are not a resident or citizen of the United States.
With the help of a criminal defense attorney who understands California traffic laws, there may still be hope to overcome the charge, avoid being convicted, or have the case dismissed entirely depending on the circumstances of the misdemeanor traffic offense. Many times an attorney may negotiate the charge down to another infraction or have it dismissed in certain situations. It is important that you contact an attorney in your community who can explain the consequences of the case. At our firm, Progresso Legal Group P.C., we have attorneys with more than 25 years of experience serving families in these types of cases. Call us and schedule an appointment so we can evaluate your specific case in the city and county of Los Angeles, California, and establish a strong defense strategy for your case.
Traffic Infractions vs. Traffic Misdemeanors in California
In California, there are two types of traffic violations: infractions and misdemeanors. There are notable differences between the two types, so it is essential to understand the seriousness of each one. Traffic infractions are more common than misdemeanors and generally involve penalties that may include fines and points on your driving record.
Traffic misdemeanor violations may involve greater penalties and can affect your criminal record. In addition to a substantial fine, you may face a lengthy jail sentence if you are declared or found guilty of a misdemeanor. A criminal matter, such as a misdemeanor traffic charge, may affect several aspects of your life beyond your driving record.
What Offenses Constitute Traffic Infractions or Criminal Misdemeanors?
Below is a small list of some of the most common traffic violations that may be charged as misdemeanor traffic offenses in the state of California:
1. Driving Without a Valid License
California Vehicle Code 12500(a) prohibits any person or driver in California from operating a vehicle without a valid driver’s license. For a driver’s license to be considered valid, it must be legitimate for the state where you reside and for the type of vehicle you drive.
If you are stopped and charged with a misdemeanor traffic violation for driving without a valid license, you may face potential penalties that include:
- Fines of up to $1,000
- Up to six months in jail
- Impoundment of your vehicle for up to 30 days
2. Illegal Use of a Disabled Parking Placard
California Vehicle Code 4461 prohibits any person from illegally using a disabled parking placard in any parking space when it is not valid or belongs to another person. Anyone who violates this law may be charged with a misdemeanor for misuse of a disabled parking placard. If an officer stops you under any of the following circumstances, you may face this criminal charge:
- You knowingly allowed someone who is not authorized to use a disabled parking placard
- You allow someone who is not authorized to borrow your validly issued disabled placard
- You use a disabled parking placard that has been canceled, revoked, or issued to another person
- You drive another person’s vehicle with a legitimate disabled placard and park it in a reserved accessible parking space
- If you are convicted of misuse of a disabled placard, you may face the following penalties:
- Fines of up to $1,000
- Up to six months in jail
Evading the Police — California Vehicle Code § 2800.1
According to California Vehicle Code 2800.1, you may face misdemeanor charges for evading a police officer if, while driving a vehicle, you deliberately attempt to flee from an officer of any police agency who activates their lights and attempts to make a routine stop, resulting in a pursuit by a patrol car, motorcycle officer, or bicycle officer. If you are convicted of this misdemeanor, you may face the following penalties:
- Fines of up to $1,000
- Up to 364 days in jail
Suspension of your driver’s license for up to six months
Vehicle impoundment for up to 30 days
Any person who drives a vehicle on a roadway with willful or reckless disregard for the safety or property of others may be guilty of the misdemeanor offense of reckless driving. If a court finds you guilty of reckless driving, you may be subject to the following penalties:
- Fines of up to $1,000
- Up to 90 days in jail
Driver’s license suspension 14601.1(a) VC
The duration of the driver’s license suspension depends on whether it is a first offense or a repeat offense for reckless driving. A first offense may involve a 30-day suspension, a second conviction may result in a 60-day suspension, and any subsequent conviction may result in a six-month driver’s license suspension.
Hit and Run Causing Injury or Death
California Vehicle Code 20001–20004 establishes that it is illegal for any person to flee the scene of an accident without first identifying themselves to all other individuals affected by the collision. If someone is injured or fatally injured in the accident and you leave the scene, you face much more severe penalties.
If you are involved in a hit-and-run involving a pedestrian and flee the scene and the incident causes injuries or death, you may be charged with either a misdemeanor or a felony. A misdemeanor hit-and-run causing injury or death may be subject to the following penalties:
- Fines of up to $10,000
- Up to 364 days in jail
- Up to one year of driver’s license suspension
- If you are charged with a felony hit-and-run that caused injury or death, you may face the following penalties:
- Fines of up to $10,000
- Up to four years in prison
- Up to one year of driver’s license suspension
- Each of these traffic violations requires mandatory court appearances. If you fail to appear for your court date, you may face additional misdemeanor charges and a warrant for your arrest may be issued.
How to Defend Against a Misdemeanor Traffic Violation in California
All criminal cases, including traffic violations, must be handled promptly and effectively to avoid points on your driver’s license. The more points you have on your driving record, the higher your auto insurance premiums may become, and it may also lead to the suspension of your driving privileges by the Department of Motor Vehicles. When the traffic violation is charged as a misdemeanor, the potential consequences may be more serious than those of a regular traffic ticket.
Ignoring a misdemeanor traffic charge may lead to jail time and a permanent mark on your criminal record. Obtaining legal advice to challenge a misdemeanor traffic ticket in California can make a significant difference in the outcome of your court appearance.
When you are accused of a criminal act, you have the benefit of fundamental legal principles that apply to all individuals regardless of their immigration status, including:
- You have the right to a fair trial by jury
- You have the right to an attorney, either private or court-appointed
You are presumed innocent until proven guilty beyond a reasonable doubt
The prosecutor has the obligation to prove that you committed the offense beyond a reasonable doubt.
However, please keep in mind that viable legal options may vary significantly depending on the case, and an experienced attorney can help you develop a strategy tailored to your specific circumstances.
Allow us to serve you and your family. Call and consult with one of our experienced criminal traffic defense attorneys in the state of California. If you or a family member has been charged with a misdemeanor traffic offense in Los Angeles County or anywhere in Southern California, do not hesitate to consult with us in your language. We are Progresso Legal Group P.C., attorneys serving families for more than 25 years in Southern California. At our law firm we are not “super lawyers”; we are simply families serving families. Our misdemeanor and traffic defense attorneys in Los Angeles have extensive experience defending individuals accused of criminal offenses. No matter the circumstances, we are here to defend you. Your family and well-being are our priority. Remember that you may have several options to defend your misdemeanor case and possibly have the criminal charges dismissed along with the potential penalties.
Allow us to serve you and your family. We are Progresso Legal Group P.C., and you can trust our family of attorneys who handle misdemeanor traffic violations. Call today for a completely free evaluation to review your case in detail and establish a strong defense. To schedule a confidential evaluation and consultation with one of our experienced traffic defense attorneys, call today at (800) 651-1227.
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Criminal Record Expungement
Criminal Defense and Immigration
At Progresso Legal Group, we are one of the few law firms that have Criminal Defense, Immigration, and Family attorneys. This allows us to assist our clients because we have the experience and legal knowledge to provide comprehensive legal services tailored to the needs of each case. If you or a loved one was arrested or accused of a crime and needs a criminal defense attorney to represent you in criminal court and later an immigration attorney for deportation defense, allow us to help you. We have more than 25 years of experience helping Hispanic families with their cases in Criminal, Immigration, and Family Courts in the counties of Los Angeles, Riverside, Orange, and San Bernardino. Call us at (800) 651-1227 — the analysis of your case is free!