Misdemeanors There's No Alternative

Misdemeanor Lawyer Orange County

Misdemeanor Charges in California

A California misdemeanor is a crime for which the maximum sentence of confinement is not more than one year. In addition to potential jail sentences, individuals who are accused of misdemeanors may be facing stiff fines, loss of driving privileges, and other criminal penalties.

Although the potential sentence for a misdemeanor is less serious than the sentence for a felony, a misdemeanor conviction may have life-changing consequences. In addition to causing embarrassment and social stigma, any criminal conviction has the potential to affect current or future employment, as well as eligibility for professional licenses.

Some misdemeanor convictions result in the loss of the right to possess a firearm or to travel to foreign countries. Misdemeanor convictions may affect the immigration status of individuals who are not citizens.

Avoiding a conviction should be the first priority of anyone charged with a misdemeanor in California. Fortunately, a number of strategies can be implemented to help the accused escape the consequences of a misdemeanor conviction. Some of those strategies, such as seeking a deferred prosecution, involve negotiation.

Others involve filing motions to dismiss or to suppress evidence. When the accused is innocent or when there is a reasonable doubt about guilt, pursuing an acquittal at trial may be the best strategy.

Recognized by OC Metro Magazine as a Top Criminal Defense Lawyer and rated “superb” by a leading attorney rating service, Randy Collins has a long history of helping satisfied clients avoid misdemeanor convictions.

From our offices in Orange and Riverside Counties, we handle misdemeanor accusations in Los Angeles, San Diego, and elsewhere in Southern California.

To learn how The Law Offices of Randy Collins can design a misdemeanor defense to meet your needs, call (844) 285-9559 to speak with our Orange County misdemeanor attorneys.

California Misdemeanor Penalties

Some California crimes, called “wobblers,” can be charged as either a felony or a misdemeanor. Prosecutors typically charge them as felonies to increase their bargaining power, but when the facts underlying the accusation are not egregious, they might be charged as misdemeanors. The recent change in California law enacted by Proposition 47 reduced the penalties for many crimes by changing them from wobblers to misdemeanors.

Violent California crimes that are classified as wobblers or misdemeanors include:

Assault & Battery
Child abuse
Child endangerment
Criminal threats
Violation of restraining order

Sex offenses that California classifies as wobblers or misdemeanors include:

Prostitution
Statutory rape
Sexual battery
Lewd conduct
Indecent exposure

Financial and property crimes are typically classified as California misdemeanors when they do not involve a loss of more than $950 (or $400 in the case of vandalism). Property offenses that might be charged as misdemeanors include:

Petty theft
Shoplifting
Receiving stolen property
Vandalism
Trespass
Embezzlement
Misappropriation of public funds
Forgery and check fraud

Some drug crimes are misdemeanors, particularly possession of drugs for personal use. Sales or transfers of small amounts of marijuana are also classified as a misdemeanor.

Most driving crimes, including a first, second, or third offense DUI, are misdemeanors if they did not cause serious bodily injury. Other driving misdemeanors include evading an officer, hit-and-run causing property damage, and driving with a suspended license. Misusing a disabled parking permit can also be charged as a misdemeanor.

Misdemeanors in which the public is considered the victim include disorderly conduct, creating or maintaining a public nuisance, contempt of court, and making false statements to the police or other government officials.

California Misdemeanor Defenses

Many misdemeanor accusations can be resolved without a trial or a conviction. Deferred prosecutions may be available for individuals who have no criminal record, resulting in a dismissal of charges if the accused stays out of trouble.

Misdemeanor charges can be dismissed for other reasons, as well, including mistakes made by the police that can be exploited to prevent evidence from being used against the accused. A defense strategy tailored to your case begins by exploring options to get the charge dismissed.

When the accused is innocent or when reasonable doubt can be established, it might be best to seek an acquittal in a jury trial. When the prosecution relies on witnesses whose lies can be exposed or when there is an innocent explanation for evidence that suggests guilt, a skilled Orange County misdemeanor lawyer can often persuade a jury to return a “not guilty” verdict.

When a misdemeanor conviction is inevitable, it is often possible to avoid the harshest consequences of a criminal conviction. Summary (or “informal”) probation might be a negotiated resolution, followed by expungement of the conviction.

How Long Will a Misdemeanor Stay on Your Record?

A misdemeanor conviction can remain on your criminal record for life unless it is expunged. In California, this type of conviction does not automatically disappear after a certain period, even if it is a minor offense. It will be visible during background checks conducted by employers, landlords, and others who have access to your criminal history.

Having a misdemeanor on your record can impact various aspects of life, including employment opportunities, professional licensing, and even housing options. However, California law provides a path for individuals to remove or expunge a misdemeanor conviction from their record. Expungement can effectively "seal" the conviction from public view, allowing individuals to move forward without the ongoing stigma of a criminal record.

Eligibility for expungement generally requires that the person has completed all the terms of their sentence, including probation, and has not committed any additional crimes. The court will review the petition to determine whether the individual has met the necessary criteria, and if approved, the conviction will be dismissed. While an expunged conviction is not entirely erased, it will no longer appear on most standard background checks, and the individual can legally state they have not been convicted of the crime in question.

It's important to note that some exceptions apply. Certain misdemeanors, such as those involving serious offenses like sex crimes, may not be eligible for expungement. Consulting with a knowledgeable criminal defense attorney is critical to understanding the options available for clearing a misdemeanor record and ensuring that the proper legal steps are taken to protect future opportunities.

Serving Clients in Orange County, Riverside, San Bernardino & Los Angeles

The defense option that is best for you depends on your desires and on the facts of your case. While avoiding a conviction is not realistic in every case, it is always the first goal of an aggressive defense. When that is not possible, the focus shifts to avoiding jail time and minimizing the other consequences of a conviction.

Whether we pursue a dismissal, an acquittal, a deferred prosecution, or a negotiated resolution, we will always make sure that you agree with our defense plan and that you are fully informed of the risks and benefits of alternative strategies.

We defend misdemeanor charges in Orange County, Los Angeles County, Riverside County, San Diego County, and elsewhere in Southern California.

For honest advice about realistic outcomes in your case and the strategies that will achieve the best result, contact our Orange County misdemeanor lawyers from The Law Offices of Randy Collins at (844) 285-9559.

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Over 45 years of Collective Experience
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Former Deputy District Attorney
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Over the years our firm has earned numerous awards and accolades for delivering outstanding legal representation. Some of our awards include: Admission to The National Top Trial Lawyers Association since 2014, AVVO Rating 10.0 Superb Rating, American Institute of Criminal Law Attorneys Award "10 Best Attorney Client Satisfaction" in 2018, Nationally Ranked Top 100 Under 40 in California Attorney Award in 2017, Member of the Newport Beach Chamber of Commerce since 2018, Martindale-Hubbell Accredited Law Firm, Distinguished in Orange County Metro "Top Attorneys" section, and Featured in Orange Coast Magazine in April 2010 as one of "Orange County's Best Criminal Defense Attorneys".

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At Law Offices of Randy Collins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"They are such a great team to work with."
I was new in the US and I didn’t know anything or what to do from Day 1 from presenting my case to Randy. He reassured me that he would help me and that I shouldn’t worry. He was very supportive, responsive to every question no matter how silly it was he was very patient and comforting. He knew exactly how to address the problem and had a plan of action and after a long 2 years, he won my case I appreciate every effort Randy & Chris have done. They are such a great team to work with and I would recommend him in a heartbeat

Dalia
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Randy, Chris, and his team are amazing. Having talked to other offices, this one was the most responsive, caring, and downright most helpful. They are all super knowledgeable in defense and I am extremely grateful for their help. I 100% recommend and suggest you try a consultation.

John
"Randy is one of the best attorney's you could ever have."
Randy is one of the best attorneys you could ever have. I’m eternally grateful to Randy and his team for his dedication and professionalism. Randy is very brilliant when it comes to felonies, probation violations, or other criminal cases... Randy is the best lawyer you can have. when other lawyers told me they couldn’t help me out... Randy always told me he can help me and there was never an impossible case to bring in his favor. He was always in touch and keeping me updated on my case, and he gave me the peace and comfort I needed during difficult times. This is the second time he has had to help me stay away from jail. I will never look into other lawyers. I’ll be a loyal client to Randy from now on. You are #1, Randy. Thank you

Adriana
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I cannot express how grateful I am to Randy and his team for the amazing job representing my dad. He was detailed, dedicated, and truly caring for my family throughout the entire process. We are forever thankful to have found Randy. It is rare to find a legal team that feels like extended family. We truly felt so cared for by him and Chris. His knowledge and expertise helped guide us through a very difficult situation and we are so happy to have found this team. I would refer Randy to anyone looking for legal representation. Randy is the best lawyer to call!!

Julia
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Randy worked tirelessly for over two years to have my case dismissed and I can’t thank him enough for everything that he did for me.

Ray
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Mr. Collins is highly recommended. He really takes the time to listen and answer all your questions. He went above and beyond on helping me out with an issue that was never my fault.

Erik
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I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.

Former Client
"Man of his word - got the issue resolved."
I hired Randy after my previous attorney failed to give me proper information and caused me to violate my probation. Randy appeared in court for got the issue resolved without any head aches. He was a man of his word and I highly recommend him.

Reedham

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