According to California law, some crimes can be classified as either misdemeanors or felonies, under certain circumstances. An experienced criminal defense attorney can help you argue your case.
Under California Penal Code, when a crime is punishable, it is a misdemeanor if –
- the judge sentences the person charged with a crime of a punishment other than imprisonment in county jail or state prison
- the person charged with a crime is committed to the Division of Juvenile Justice by the court and their offense is designated as a misdemeanor
- the person charged with a crime is granted probation by the court, and isn’t sentenced to prison or jail
- the prosecuting attorney files a complaint with the court stating that the offense should be classified as a misdemeanor
- the magistrate determines that the offense should be classified as a misdemeanor
If you have been charged with a crime in California, it is best to hire a legal expert. Your criminal defense lawyer understands what is needed to secure the verdict you need and the knowledge and experience you need to get a favorable verdict.