Morris Law is an Oakland criminal defense law firm. Call (510) 824-8831 for a free case review of your misdemeanor charges case. Misdemeanor Charges in California is governed by California Penal Code §17 and §1001.95 (judicial diversion). Our office at 2744 E 11th St, Oakland is in East Oakland, about 2 miles from the Alameda County courthouses in Downtown Oakland — where every Oakland case is heard. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is misdemeanor charges under California law?

Oakland Misdemeanor Lawyer — Morris Law

A misdemeanor in California is any offense punishable by up to 1 year in county jail and a fine of up to $1,000 (PC §17). Some carry $2,000 or $5,000 fine maximums. Misdemeanors range from infractions-converted-to-misdemeanors through DUI, domestic battery, and brandishing. Many qualify for judicial diversion under PC §1001.95, mental-health diversion under PC §1001.36, or military diversion under PC §1001.80 — each ending with dismissal on successful completion.

Penalties for misdemeanor charges in California

Penalties vary sharply by specific statute, degree, and prior record. Here are the primary ranges we see in Oakland and Alameda County cases:

  • DUI (VC §23152): up to 6 months first offense; 96 hours to 1 year second
  • Domestic battery (PC §243(e)(1)): up to 1 year; 52-week batterer’s program; 10-year firearm ban
  • Simple battery (PC §242): up to 6 months county jail
  • Simple assault (PC §240): up to 6 months county jail
  • Petty theft (PC §484/488): up to 6 months county jail
  • Shoplifting (PC §459.5): up to 6 months county jail
  • Vandalism under $400 (PC §594): up to 1 year
  • Drug possession (H&S §11377): up to 1 year; eligible for PC §1000 diversion

Collateral consequences — professional licensing, immigration status, firearm rights, and future employment — often exceed the direct sentence.

How Morris Law defends misdemeanor charges cases in Oakland

Every case is different, but the defense strategies below produce the most dismissals, reductions, and acquittals:

  • Pre-filing intervention — mitigation submitted before DA reviews can prevent filing.
  • PC §1001.95 judicial diversion — up to 24 months ending in dismissal, even over DA objection.
  • PC §1001.36 mental-health diversion — diagnosed mental-health conditions with case connection.
  • PC §1001.80 military diversion — service members and veterans with service-connected conditions.
  • Civil compromise (PC §1377) — victim-restorable misdemeanors dismissed on restitution.
  • Trial defenses — lack of intent, self-defense, lack of corpus delicti, mistaken identity, Fourth/Fifth/Sixth Amendment challenges.
  • Expungement under PC §1203.4 — almost every successful misdemeanor probation is expungeable.

What to do if you are arrested for misdemeanor charges in Oakland

Most Oakland arrests are made by the Oakland Police Department (OPD). BART Police handle transit arrests. CHP handles freeway enforcement. Alameda County Sheriff handles unincorporated areas. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 824-8831. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries or damage. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record events while fresh.

Why Oakland residents choose Morris Law for misdemeanor charges defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients at the Wiley W. Manuel and René C. Davidson courthouses regularly.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment. President Obama’s Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Oakland office at 2744 E 11th St — East Oakland, about 2 miles from the courthouses.
  • 24/7 phone access at (510) 824-8831.
  • Clear, plain-language updates.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How misdemeanor charges cases move through Alameda County

Stage Where Timing
Arrest Oakland — often by OPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Misdemeanor Charges defense in Oakland — Frequently Asked Questions

Do I have to appear in court for an Oakland misdemeanor?

Usually no — your attorney can appear for you under PC §977(a) for most misdemeanors. Exceptions: DUI arraignments, DV first appearances, and any hearing where the court requires your personal presence.

Can an Oakland misdemeanor be expunged?

Yes. Under PC §1203.4, almost every misdemeanor that resulted in probation can be dismissed once probation is successfully completed. The conviction is ‘set aside’ — you can answer ‘no’ to conviction questions on most private-employer applications.

What is PC 1001.95 judicial diversion?

PC §1001.95 allows California judges to grant diversion on most misdemeanors over DA objection. Complete conditions (counseling, community service, restitution, no new arrests) for up to 24 months and charges are dismissed with no conviction.

Where do Oakland criminal cases go to court?

Oakland cases go to Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St). Felonies go to the René C. Davidson Courthouse (1225 Fallon St). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with an Oakland criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 824-8831. If a family member has been booked at Glenn E. Dyer Detention Facility or Santa Rita Jail, we can arrange contact within hours.

Get a free misdemeanor charges case review

Talk to an Oakland criminal defense lawyer today. Call (510) 824-8831 or fill out our online form. Free case review. 24-hour phone. Oakland office at 2744 E 11th St.

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