What is a misdemeanor?
Misdemeanors have an innocuous name. It means a minor wrongdoing. However, they are anything but minor. A first misdemeanor usually means a fine, a blemish on your record, probation and possibly some jail time. However, for those with a professional license, immigrants, prior criminal records, while on probation, a new arrest or charge for misdemeanor could be even more disastrous.
In California, a misdemeanor is defined as a crime for which the maximum sentence is no more than one year in county jail. A misdemeanor is more serious than an infraction but less serious than a felony, unless you fall under one of the above-mentioned categories.
What are the categories of Misdemeanors?
A. Standard misdemeanors or simple misdemeanors are punishable by up to 6 months in jail and/or a fine of up to $1,000; and
B. Gross misdemeanors or aggravated misdemeanors are punishable by up to 364 days in jail and/or a fine of up to $1,000 or more.
Wais Azami is an affordable OC misdemeanor attorney. Knowing that most people are not born with a silver spoon in their mouth, Mr. Azami routinely goes out of his way to match the budget of his clients. Occasionally, he'll even offer a payment plan. Law Office of Wais Azami is located in Garden Grove, in the heart of Orange County.
As an OC misdemeanor lawyer, Mr. Azami consistently receives top reviews and top awards for his outstanding work as an attorney with one of the best reviews in Santa Ana area. Many of his reviews are written by clients who had been either ignored by other attorneys or overcharged by other attorneys. Mr. Azami did not turn his back. He took the case and fought all the way to the desired outcome.
It's very important to find a local affordable misdemeanor attorney in Orange County if you live in the La Mirada, Santa Ana or Seal Beach area of SoCal. Local misdemeanor attorneys are more familiar with local judges, their propensities and the general ways of doing business in the court to help facilitate your case. A local misdemeanor attorney like Mr. Azami will also know your financial situation and attempt to accommodate your budget.
What are typical Misdemeanors?
- Annoying Children
- Assault and Battery
- Contributing to Delinquency of a Minor
- Disorderly Conduct
- Disturbing the Peace
- Driving Under the Influence
- Gambling misd.
- Hit and Run, misd
- Indecent Exposure
- Joy Riding
- Lewd Conduct
- Liquor Laws which are misd.
- Malicious Mischief
- Manslaughter misd.
- Petty Theft
- Possession for Personal Use
- Public Intoxication or Drunk in Public
- Selected Drug Offenses
- Selected Gambling charges
- Selected Traffic Violations
- Simple Possession of Controlled Substance
My practice helps both citizens and immigrants with their criminal cases. Majority of cases involve simple misdemeanors and low-level felonies where good people got caught up in a tough situation. Typical cases are; Shoplifting, DUI's, Drug Possessions, Drug Paraphernalia, Domestic violence, Theft, Burglary, Assault, Battery, Driving without a license, driving on a suspended license, Domestic Battery, Sexual Assault, Outstanding Warrants, Failure to Appear, Probation Violation, Indecent Exposure, Sex with a minor (underaged person), Felony Evasion, Resisting Arrest, Weapons, Weapons Possession, Discharge of Firearms within City Limits, Attempt Crimes, Leaving the Scene of an Accident, Hit and Run, Conspiracy, Solicitation, Prostitution, Sex Cases, Drug Cases Call the number below for a same-day evaluation or consolations.
What are the penalties for misdemeanors?
Misdemeanors generally involve fines and jail time where the misdemeanant is ordered to spend time in the local jail. Jail time is rarely imposed on a first-time misdemeanor offense, especially if it was a non-violent offense.
Common misdemeanors in California fall under two categories standard and gross (or aggravated). Standard misdemeanors may require misdemeanant to be ordered to spend up to 6 months in a county or local jail and/or pay a fine that does not exceed $1,000.
Gross misdemeanors are more heavier crimes that have more severe penalties. For a conviction of a gross or aggravated misdemeanor, jail time can be as long as 364 days and you may pay a fine that exceeds $1,000.
Do misdemeanors appear in background checks?
While misdemeanors are considered less serious offenses as compared to felonies, the legal system doesn't discriminate when it comes to documenting the crimes that were committed. Misdemeanor charges will be on your criminal records and might stay on your criminal record permanently. If anyone is doing a criminal background check on you, your misdemeanor charges will show up.
For employment background checks, your criminal record may or may not appear depending on how thorough the employer background checks are designed to investigate. Because most common misdemeanors are processed locally, a state background check run by the employer may not catch your criminal record unless the process being used is more in-depth and inclusive.
How does a misdemeanor charge affect me?
Committing a misdemeanor can be life changing.
Most people overlook common misdemeanors socially. Everyone knows of someone who has had a DUI or reckless driving charge. However, these records still can affect professional licenses, careers and possibly even housing situations.
Your criminal record is public and permanent; it may also significantly affect your credibility as a person. That can change the way people treat you as an individual, whether or not you had exemplary behavior prior to your conviction.
Can you get a common misdemeanor off your record?
Getting your misdemeanor convictions off of your record is possible depending on the jurisdiction. A single common misdemeanor charge increases your chances of getting it taken off of your record. Multiple convictions make it much less likely to have them expunged. However, expungements, while lengthy and paper-intensive, maybe possible if you qualify and enough time as passed without any new violations.
California requires a process which involves reopening your criminal case and getting your criminal conviction dismissed in court.
You have to make sure you are eligible for an expungement. Law Office of Wais Azami can help you evaluate your case to see if you qualify.
Can a common misdemeanor be bumped to a felony?
If you have several misdemeanors in your history, your charges can be raised to a felony. For example; driving violation that has been done repeatedly can be raised to a felony. Further, if the misdemeanor was committed with aggravating elements or circumstances, you could be charged with a felony.
We help defend your rights against misdemeanor or felony charges. We can recall your warrant. Wais Azami is an Orange County criminal defense attorney with offices in Garden Grove, Santa Ana and Seal Beach to provide legal service to all of Orange County and surround areas as a criminal lawyer in Sant Ana.
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