What is Misdemeanor Defense in California?
A misdemeanor in California is any offense punishable by up to 1 year in county jail and a fine of up to $1,000 (some carry $2,000 or $5,000 fines). Misdemeanors range from infractions-converted-to-misdemeanors (jaywalking, certain traffic) through serious offenses like DUI, domestic battery, and brandishing. Many misdemeanor charges qualify for diversion under PC §1001.95, mental-health diversion under PC §1001.36, or judicial deferral — all ending with dismissal.
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- DUI (VC §23152). Up to 6 months county jail (first), 96 hours to 1 year (second); license suspension; mandatory DUI school.
- Domestic Battery (PC §243(e)(1)). Up to 1 year county jail; mandatory 52-week batterer’s program; 10-year firearm ban under PC §29805, lifetime federal ban.
- Simple Battery (PC §242). Up to 6 months county jail and $2,000 fine.
- Simple Assault (PC §240). Up to 6 months county jail and $1,000 fine.
- Petty Theft (PC §484/488). Up to 6 months county jail and $1,000 fine.
- Shoplifting (PC §459.5). Up to 6 months county jail.
- Vandalism Under $400 (PC §594). Up to 1 year county jail.
- Trespass (PC §602). Up to 6 months county jail.
- Drunk in Public (PC §647(f)). Up to 6 months county jail and $1,000 fine.
- Possession of Controlled Substance (H&S §11377). Up to 1 year county jail; eligible for PC §1000 diversion.
- Driving on Suspended License (VC §14601). Up to 6 months county jail; mandatory minimums for DUI-related suspensions.
- Hit and Run — Property Damage (VC §20002). Up to 6 months county jail.
Defenses Our California Lawyers Use
- Pre-filing intervention. Police-reported misdemeanors are often not filed if mitigation is submitted before the DA reviews — civil compromise, restitution, and counseling enrollment all help.
- PC §1001.95 judicial diversion. For most misdemeanors (except DV, sex crimes, and DUI), judges may grant diversion up to 24 months ending in dismissal — even over the DA’s objection.
- PC §1001.36 mental-health diversion. Defendants with diagnosed mental-health conditions causally connected to the offense can resolve cases through treatment ending in dismissal.
- PC §1001.80 military diversion. Service members and veterans with PTSD, TBI, sexual trauma, or substance abuse linked to service qualify for treatment-based dismissal.
- Civil compromise (PC §1377). Certain victim-restorable misdemeanors are dismissed once the alleged victim is made whole and acknowledges satisfaction.
- Trial defenses. Lack of intent, self-defense, lack of corpus delicti, mistaken identity, and constitutional challenges (Fourth, Fifth, Sixth Amendment) apply to misdemeanors too.
- Expungement under PC §1203.4. Almost every successfully-completed misdemeanor probation is eligible for dismissal — the conviction is set aside for most purposes.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland misdemeanor defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
Berkeley-area clients facing these charges are represented out of our Oakland office; the Berkeley team coordinates intake and meetings as needed. Berkeley office →
Frequently Asked Questions
Do I have to appear in court for a California misdemeanor?
Usually no — your attorney can appear for you under PC §977(a) for most misdemeanors. Exceptions include DUI arraignments, domestic violence first appearances, and any hearing where the court requires your personal presence. We handle court appearances so you can keep working.
Can a California 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. Convictions involving certain sex offenses, vehicular manslaughter, and military offenses have limited eligibility.
Will I have a criminal record from a misdemeanor in California?
Yes, unless the case is dismissed, diverted, or you are acquitted. A misdemeanor conviction appears on standard background checks. However: (1) successful diversion under PC §1001.95 or §1001.36 leaves no conviction; (2) successful expungement under §1203.4 dismisses the conviction; and (3) infractions (not misdemeanors) typically do not appear on standard checks.
What is the maximum penalty for a California misdemeanor?
Up to 1 year in county jail and a $1,000 fine (some offenses carry $2,000 or $5,000 maximum fines). Many misdemeanors carry 6-month maximums. Additional consequences can include probation, restitution, mandatory programs (DUI school, batterer’s program, anger management), license suspension, and firearm restrictions for certain offenses.
What is PC 1001.95 judicial diversion?
PC §1001.95 allows California judges to grant diversion on most misdemeanors over the DA’s objection. The defendant completes conditions (counseling, community service, restitution, no new arrests) for up to 24 months and the charges are dismissed with no conviction. Disqualified offenses include domestic violence, DUI, stalking, and most registrable sex offenses.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.