What Happens When You Are Charged With a Misdemeanor in California?
What Happens When You Are Charged With a Misdemeanor in California?
Being charged with a misdemeanor can leave you unsure about what comes next. You may be concerned about going to court, keeping your job, or whether the allegations will become part of your criminal record. Although misdemeanors generally carry less severe penalties than felonies, they can still have significant consequences.
At Dale Gribow Attorney at Law, we help individuals facing misdemeanor charges in Palm Desert and throughout the Coachella Valley understand their rights and legal options. Whether your case begins with an arrest, a citation, or a criminal investigation, taking the allegations seriously from the start can help you make informed decisions about your defense.
What Is a Misdemeanor in California?
A misdemeanor is a criminal offense that is generally less serious than a felony but more serious than an infraction. Unlike many routine traffic infractions, a misdemeanor can carry a county jail sentence.
Depending on the offense, a misdemeanor conviction may result in up to six months or one year in county jail. Fines and other consequences may also apply. The potential punishment depends on the specific law involved and the circumstances of the case.
Offenses that may be charged as misdemeanors include:
- Certain DUI offenses.
- Petty theft.
- Simple assault and battery.
- Disorderly conduct.
- Certain vandalism offenses.
- Driving with a suspended license.
- Certain drug possession offenses.
Some offenses can be prosecuted as either misdemeanors or felonies. The alleged conduct, prior criminal history, and applicable law can affect how prosecutors file a case.
What Happens After a Misdemeanor Arrest or Citation?
Not every misdemeanor case begins with someone being taken to jail. In some situations, law enforcement issues a citation directing the person to appear in court. In others, an arrest occurs before release or a court appearance.
Keep all paperwork you receive and review any listed dates carefully. A citation is not something to disregard simply because you were allowed to leave.
The Arraignment
The arraignment is typically the first court proceeding in a criminal case. At this stage, the defendant is informed of the charges and constitutional rights and enters a plea. The court may also address release conditions.
Anyone charged with a misdemeanor who cannot afford an attorney has the right to request a court-appointed lawyer. Understanding the charge and available options before entering a plea is an important part of protecting your rights.
Reviewing Evidence and Preparing a Defense
After the initial proceedings, defense counsel can review the prosecution’s evidence, investigate the allegations, and assess potential legal challenges.
Depending on the case, relevant evidence may include police reports, surveillance footage, witness statements, photographs, chemical test results, or other records. This review helps identify whether the evidence supports each required element of the alleged offense.
Resolving the Case
A misdemeanor case may be resolved through dismissal, a negotiated agreement, an available diversion program, or trial. The appropriate approach depends on the evidence, applicable law, and the client’s circumstances.
At Dale Gribow Attorney at Law, we work to explain these options clearly so clients can understand the potential benefits and consequences of each available path.
Can You Go to Jail for a First Misdemeanor?
A first misdemeanor conviction can result in jail time, but incarceration is not the outcome in every case. Depending on the offense and sentencing rules, the court may consider fines, probation, or other authorized alternatives.
Other potential consequences may include:
- Community service.
- Required counseling, classes, or treatment.
- Restitution for losses caused by the offense.
- Restrictions on contact with another person.
- Driver’s license consequences for certain driving offenses.
Having no prior criminal record may be relevant, but it does not guarantee dismissal or a particular sentence. An attorney can explain the actual sentencing exposure associated with your charge.
Can a Misdemeanor Charge Be Dismissed?
Dismissal may be possible, but it depends on the facts and legal issues involved. A defense attorney may identify insufficient evidence, problems with witness accounts, unlawful police conduct, or other weaknesses in the prosecution’s case.
For certain eligible offenses, a diversion program may offer another route to dismissal. Diversion generally requires completing court-ordered conditions. Successful completion can result in dismissal, while failure to complete the program can lead to criminal proceedings resuming. Eligibility is limited and must be evaluated individually.
A misdemeanor charge should never be treated as a guaranteed conviction. At the same time, no attorney can promise that a case will be dismissed.
How Can a Misdemeanor Defense Attorney Help?
An effective defense requires more than knowing the name of the charge. It involves understanding what the prosecution must prove and carefully examining the evidence supporting the allegations.
Depending on the case, Attorney Gribow may evaluate:
- Whether law enforcement conducted a lawful stop, search, or arrest.
- Whether the evidence reliably identifies the accused person.
- Whether the prosecution can establish the required intent.
- Whether self-defense or another legal defense applies.
- Whether witness statements conflict with recordings or other evidence.
- Whether an alternative resolution is legally available.
The goal is to develop a strategy that addresses the individual case and protects the client’s interests throughout the process.
What Should You Do If You Are Facing Misdemeanor Charges?
Preserve your court paperwork and any evidence related to the incident. Write down what you remember while the details are fresh, and provide your attorney with the names of potential witnesses.
Avoid discussing the allegations on social media or contacting anyone in violation of a protective order. Follow court instructions and speak with an attorney promptly about upcoming appearances and deadlines.
Early legal guidance can help you understand what to expect and avoid decisions that could complicate your defense.
Speak With a Misdemeanor Attorney in Palm Desert
A misdemeanor charge can create uncertainty, but you do not have to navigate the criminal justice process alone. Dale Gribow Attorney at Law provides dedicated criminal defense representation to individuals in Palm Desert and throughout the Coachella Valley.
Attorney Gribow works with clients to review the allegations, explain their options, and pursue the best available resolution under the circumstances.
Call 760-837-7500 or schedule a consultation with Dale today to discuss your misdemeanor charges.










