Misdemeanor FAQs

Q:  What is the difference between a misdemeanor and a felony?
A:  Generally, misdemeanors result in greater penalties and fines than felonies.  A person charged with a misdemeanor faces no more than a year in county jail, whereas a person charged with a felony faces more than a year of incarceration in state prison. 

Q:  Do I need an attorney if I've been charged with a misdemeanor?
A:   Defendants in misdemeanor cases are afforded many of the same rights as defendants facing felony charges, including having an attorney present at all stages of the case.  An experienced attorney understands the criminal court system and can assess the strengths and weaknesses of the case against you, advise you of your options, and speak on your behalf at court proceedings to help you avoid jail and other harmful consequences.

Q:  Should I plead guilty to my misdemeanor charge?
A:  Consult an experienced criminal defense attorney before pleading guilty.  A guilty plea can have several negative outcomes.  The conviction will appear on your criminal record, you may have to report your misdemeanor conviction to any potential employers, and if you are not a U.S. citizen you may be deported.  Depending on the facts, an attorney may be able to work with the judge to lesson penalties, substituting community service, probation, and payment of fines for jail time.  

Q:  Will I automatically go to jail if I'm convicted of a misdemeanor offense or are there alternatives to jail time?
A:  Each case is different and criminal cases are extremely fact-specific.  An attorney must evaluate your case, determine its strengths and weaknesses, and speak to the prosecution and judge regarding sentencing options and terms.  Depending on the facts and evidence in your case, an effective criminal defense attorney can help you avoid jail time.  In exchange for avoiding jail time, the court may order that you perform community service, pay fines, pay the victim for any damages caused (restitution), and/or do a sheriff's work program.  In some cases, the court can order "part-time incarceration," where the defendant serves jail time only on the weekends. 

For an experienced and knowledgeable misdemeanor defense lawyer in Northern California, contact the Law Offices of Jeffrey B. Hayden for assistance today.