A misdemeanor charge in Los Angeles can still lead to jail time, fines, probation, and a permanent criminal record. If you need a Los Angeles misdemeanor lawyer, William S. Kroger Criminal Defense Attorney at Law fights to get your charges reduced, diverted, or dismissed before they follow you into job applications and future cases.
Many people assume a misdemeanor is minor and plead guilty at the first court date. That decision can cost you options that disappear once a conviction is entered. Call (323) 655-5700 to speak with our team about your case today.
Why Choose William S. Kroger for a Misdemeanor Charge in Los Angeles?
Our Los Angeles criminal defense lawyers have 75+ years of combined criminal defense experience. We have handled over 10,000 criminal cases across California, from first-time shoplifting citations to serious felony charges. That range matters, because many misdemeanors start as wobblers that prosecutors could have filed as felonies.
When you work with us, you get:
- Clear guidance at every stage, so you know what happens at arraignment, pretrial hearings, and sentencing before you walk into court
- A detailed review of the police report, body camera footage, and witness statements for errors and constitutional violations
- Early contact with the prosecutor, including before charges are filed when possible
- Spanish-speaking support, with interpreters available when needed
- A firm recognized by Super Lawyers and the American Institute of Criminal Defense Attorneys
Our goal is to resolve your case with the least lasting damage to your record, your job, and your freedom. Sometimes, that means diversion or a dismissal. In other cases, it means taking the case to trial.
What Counts as a Misdemeanor in California?
A misdemeanor is a crime more serious than an infraction but less serious than a felony. Under California Penal Code § 19, a misdemeanor carries up to 6 months in county jail, a fine of up to $1,000, or both, unless another law sets a different penalty.
Some offenses have their own penalty provisions, which can set longer jail terms, higher fines, or mandatory classes. Courts also grant probation in many cases. Under Penal Code § 1203a, misdemeanor probation generally cannot exceed 1 year unless the offense sets its own probation length.
Wobblers Can Be Charged as Misdemeanors
Some California offenses are wobblers, meaning prosecutors can file them as either a felony or a misdemeanor. Under Penal Code § 17(b), a wobbler becomes a misdemeanor for all purposes in several situations. These include when the prosecutor files a misdemeanor complaint and when the court declares the offense a misdemeanor.
That gives us room to argue. We present your background, the facts of the case, and any weaknesses in the evidence to push for misdemeanor treatment as early as possible.
Some Misdemeanors Can Become Infractions
California also allows certain listed misdemeanors to be treated as infractions under Penal Code § 17(d). That can happen when the prosecutor files the case as an infraction, or when the court makes that determination with your consent. Resolving a case this way can reduce the impact on your record.
Misdemeanor Charges We Defend in Los Angeles
Our attorneys defend the full range of misdemeanor charges filed in Los Angeles. Common cases include the following.
DUI
A first-offense DUI under Vehicle Code § 23152 is usually charged as a misdemeanor. A conviction can bring license consequences, DUI school, and probation. We review the traffic stop, breath and blood test procedures, and testing equipment records for problems that weaken the prosecution’s case.
Petty Theft and Shoplifting
Taking property worth $950 or less is generally charged as petty theft under Penal Code § 488 or shoplifting under Penal Code § 459.5. A theft conviction raises red flags for employers. We examine surveillance footage, loss prevention procedures, and intent, and we pursue diversion when available.
Assault and Battery
Simple assault under Penal Code § 240 and simple battery under Penal Code § 242 are misdemeanors that often arise from bar fights, neighbor disputes, and arguments that escalated. We examine self-defense, witness credibility, and video evidence to challenge the police version of events.
Domestic Violence
Domestic battery under Penal Code § 243(e)(1) is a misdemeanor that can come with a criminal protective order. These cases are not eligible for judicial misdemeanor diversion, so your defense strategy matters from day one. We investigate the accusation, the relationship history, and inconsistent statements.
Drug Possession
Possession of a controlled substance for personal use under Health and Safety Code § 11350 or § 11377 is generally charged as a misdemeanor, although certain prior records can change that. We challenge illegal searches, lab results, and whether you knowingly possessed the drugs.
Vandalism
Vandalism under Penal Code § 594 covers defacing, damaging, or destroying someone else’s property, including graffiti. When the damage is under $400, the charge is a misdemeanor. We dispute inflated damage estimates, identification, and intent, and we work toward restitution-based resolutions where possible.
Trespassing
Trespassing under Penal Code § 602 covers many situations, from refusing to leave a business to entering fenced land without permission. Most trespassing charges are misdemeanors. We look at whether you had permission, whether the property was posted, and whether anyone actually asked you to leave.
Resisting Arrest
Resisting, delaying, or obstructing an officer under Penal Code § 148(a)(1) is a misdemeanor often added to other charges. The prosecution must show the officer was lawfully performing their duties. Our team reviews body camera footage and the legality of the stop or arrest.
Driving on a Suspended License
Driving with a suspended or revoked license under Vehicle Code § 14601 is a misdemeanor, and the reason for the suspension affects the penalties. We check whether you received proper notice of the suspension, since the prosecution must prove you knew about it.
How a Misdemeanor Case Moves Through Los Angeles Courts
Many misdemeanor cases start with a citation instead of a jail booking. Under Penal Code § 853.6, officers can release you after you sign a written promise to appear in court. Missing that court date creates a new problem, so call us before it arrives.
Who prosecutes your case depends on where the arrest happened. Inside Los Angeles city limits, the City Attorney’s Criminal Branch prosecutes misdemeanors. In unincorporated areas and most other cities in the county, the Los Angeles County District Attorney handles them.
Arraignment
Arraignment is your first court hearing, where you hear the charges and enter a plea. Under Penal Code § 977, a person charged only with a misdemeanor can usually appear through an attorney instead of in person. Domestic violence cases are an exception, and judges in DUI cases can order you to attend.
In many cases, that means we can handle early hearings while you stay at work.
Pretrial Hearings and Negotiation
After arraignment, we request discovery and review every piece of evidence. Pretrial motions can challenge illegal searches or ask the court to dismiss weak charges. Many cases resolve at this stage through diversion, a reduced charge, or a dismissal.
Trial
If the prosecution will not offer a fair resolution, you have the right to a jury trial. Our attorneys prepare every case as if it will go to trial, which strengthens our position in negotiation.
Options That Can Keep a Misdemeanor Off Your Record
A misdemeanor charge does not have to end in a conviction. California offers several paths that can protect your record, and the best time to pursue them is before you enter a plea.
Judicial Diversion
California lets a judge offer misdemeanor diversion under Penal Code § 1001.95, even over the prosecutor’s objection. The judge can put the case on hold for up to 24 months while you complete court-ordered conditions such as classes or community service. If you comply, the judge dismisses the case, according to this court information sheet on misdemeanor diversion.
After a successful diversion, the arrest is deemed never to have occurred, with limited exceptions such as peace officer job applications. Diversion is not available for domestic violence, stalking, or offenses that require sex offender registration.
Reduction to an Infraction
For eligible offenses, we can negotiate for the case to be filed or resolved as an infraction under Penal Code § 17(d). Even after a conviction, California courts allow a request to reduce certain listed misdemeanors to infractions.
Dismissal After a Conviction
If you were convicted, you may still be able to clear your record. California courts allow you to ask for dismissal of a misdemeanor conviction when you have no pending cases and are not on probation or parole. If you completed probation, the court must grant the request; however, if you never received probation, you generally must wait at least 1 year from the date of conviction.
Some older convictions are also cleared automatically by the state. Our team handles record-clearing, so we can plan for this from the start of your case.
Consequences That Follow a Misdemeanor Conviction
Jail and fines are only part of the cost. A misdemeanor conviction can show up on background checks and affect the following:
- Job applications and current employment
- Professional and occupational licenses
- Rental applications
- Immigration status for non-citizens
- Penalties in any future criminal case
For non-citizens, even a misdemeanor plea can carry serious immigration consequences. Talk to us before you accept any plea offer.
Los Angeles Misdemeanor FAQs
Will I Go to Jail for a Misdemeanor in Los Angeles?
Not necessarily. Jail is possible, up to 6 months for most misdemeanors under Penal Code § 19, but many cases resolve through diversion, probation, fines, or a dismissal. Your record, the charge, and the strength of the evidence all affect the outcome.
Do I Have to Go to Court for a Misdemeanor?
In most misdemeanor cases, no. California law allows your attorney to appear for you, though domestic violence cases require your presence at arraignment and sentencing. Judges can also order you to appear in DUI cases.
How Long Do Prosecutors Have to File Misdemeanor Charges?
For most misdemeanors, prosecution must begin within 1 year of the offense under Penal Code § 802. A few specific offenses have longer deadlines. If you have not been charged yet, early contact from a defense attorney can sometimes influence the filing decision.
Can a Misdemeanor Be Expunged in California?
Often, yes. California allows you to dismiss many misdemeanor convictions through a petition, and some are cleared automatically. A dismissal does not erase every consequence, so ask us how it applies to your situation.
Should I Hire a Lawyer for a Misdemeanor?
Yes, especially if you want to protect your record. Options like diversion, reduction to an infraction, or dismissal are easier to secure before you enter a plea. A lawyer can also identify defenses you may not know exist.
Contact Our Los Angeles Misdemeanor Lawyer Today
A misdemeanor charge does not have to become a permanent mark on your record. The sooner you call, the more options we have to fight the charge, pursue diversion, or keep the case from going further.
Call William S. Kroger Criminal Defense Attorney at Law at (323) 655-5700 to speak with a Los Angeles misdemeanor lawyer about your case. We represent clients throughout Los Angeles, with Spanish interpreters available when needed.