Misdemeanor Crimes

Sacramento Misdemeanor Defense Lawyer

Dedicated Protecting Your Rights & Future in Sacramento

"Can you go to jail for a misdemeanor in California?" While misdemeanors are considered less serious than felonies, they still carry heavy consequences that can ruin a person’s life. A misdemeanor conviction can make it harder to find a job, rent a place to live, and obtain loans. These penalties should not be taken lightly. If you were charged with a misdemeanor crime, get help from an experienced Sacramento criminal defense lawyer to protect your record. With Over a decade of experience and numerous favorable results for our clients, Donato Legal Group is here to help if you have been accused of a misdemeanor. Call today to schedule your free consultation.

Understanding Jail Time for Misdemeanors in California

Most people think of misdemeanors as petty theft or public indecency. However, some misdemeanors have the potential to become felonies if combined with other offenses. In other cases, these crimes can carry severe criminal sentences including up to a year in jail and thousands of dollars in fines. With Donato Legal Group on your side, you can take comfort knowing your cases is being handled by someone who understands the law and how to make effective use of it.

Contact Donato Legal Group today at (916) 318-5997 or online to schedule a meeting with our misdemeanor defense attorney in Sacramento.

Types of Misdemeanors in California

Serious misdemeanors can include:

In any of these cases, the criminal sentence can leave your life in disarray. Let our Sacramento criminal defense lawyer help you plan for the challenges ahead and avoid having your life destroyed over a mistake.

Can a Misdemeanor Go Away Eventually in California?

Misdemeanors do not go away through the passage of time. The only way to get a misdemeanor to "go away" is to have them expunged. Some confusion comes under California Civil Code § 1786.18 that restricts the reporting of certain adverse information. You must take affirmative action to expunge the case or it will appear for decades. Once relief has been granted, you can honestly answer "no" to a question regarding criminal convictions in many circumstances. If your misdemeanor case involved a grant of Probation, including informal probation, all fines, fees and community service or classes required by the court must be completed.

Do Misdemeanors Impact You Across State Lines?

Misdemeanors are usually prosecuted at the county level, so if an employer is running a state background check on you and your state's records don't include the county you were convicted in. It's likely your misdemeanor won't show up. There is a chance your misdemeanor won't show up on a background check; there's always the possibility that it will. Generally speaking, employers are less concerned with misdemeanors than felonies. Whether or not an employer will hire someone with a misdemeanor on their record is entirely up to the employer. For example, if you have a DUI conviction that occurred seven years ago, it's more likely your employer will be sympathetic. If you have a DUI misdemeanor that's more recent, on the other hand, your criminal record might be a more significant issue.

Can First-Time Misdemeanors Be Dismissed in California?

Yes, it is possible for a first-time misdemeanor offense to be dismissed in California, depending on the circumstances of the case and the actions taken by the defendant and their attorney.

  • Diversion: One common way for a misdemeanor to be dismissed in California is through a process known as diversion, where the defendant agrees to complete certain requirements, such as community service or counseling, in exchange for the charges being dismissed. This option is typically available for less serious misdemeanor offenses, such as minor drug offenses or low-level property crimes.
  • Plea Bargain: Another way for a misdemeanor to be dismissed is through a successful plea bargain negotiated between the defendant's attorney and the prosecutor. In some cases, the prosecutor may be willing to reduce the charges to an infraction or offer a deferred entry of judgment program, which can result in the charges being dismissed if the defendant meets certain requirements, such as attending classes or completing community service.

It's important to note that not all misdemeanor charges are eligible for dismissal, and the specific circumstances of each case can impact the likelihood of a dismissal. It's best to consult with an experienced criminal defense attorney in California to understand the options available in your particular case.

Contact Our Sacramento Misdemeanor Defense Team Today

Donato Legal Group offers nearly a decade of experience in understanding the strategies used by prosecutors. As a seasoned criminal defense attorney, Attorney Alan Donato has a clear understanding of how to help clients tell their side of the story through common sense. Even serious misdemeanors must undergo a fair trial before a sentence can be carried out. Let our team help you work toward a favorable outcome. Make sure to check out our reviews as well as our case results and see what everyone is saying!

Call Donato Legal Group today at (916) 318-5997 or contact us online for a FREE consultation!

Recent Case Results

We Prepare Every Case as if it's Going to Trial

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

  • Full Acquittal DUI

    Mr. Donato won a full acquittal at trial by showing that the DA could not prove Mr. Brown was under the influence of alcohol at the time he was driving.  The jury concluded the case was too speculative, and Mr. Brown walked on all DUI charges against him.

  • Not Guilty Robbery & Felony Assault

    Charged with robbery and felony assault resulting in great bodily injury, our client was facing multiple strikes and significant time in prison. Mr. Donato took this case to trial, earning not guilty jury verdicts on both charges. Mr. Escobar walked out of court a free man, holding his young daughter in his arms.

  • Case Dismissed Domestic Violence

    Client was arrested for domestic violence after boyfriend called the police and lied about a fight he in fact started. We showed the prosecution our client’s medical records documenting her significant injuries in contrast to her boyfriend’s minor injuries and the prosecution dismissed against our client to pursue charges against her boyfriend.

  • Not Guilty Attempted Murder

    Client was charged with several felonies including attempted murder and was acquitted of this charge by means of self-defense.

  • Suspension Waived DMV Administrative Per Se Hearing

    At this DMV Administrative Per Se hearing, Mr. Donato argued that the Campus Police Officers did not have lawful authority to conduct a traffic stop away from campus. The Hearing Officer agreed and set aside our client's Campus license suspension.

  • Penalty Reduced Domestic Violence with Great Bodily Injury

    People v. Carter Reduced (Probation) Client was a professional athlete and broke his girlfriend’s elbow during a domestic incident. Original offer was five years in prison. Our investigation showed the conflicts and changes in the victim’s story, and we effectively negotiated the case down to house arrest and probation.

  • Not Guilty Possession of Methamphetamine for Sale

    With a client facing charges for possession of methamphetamine for sale in addition to firearm enhancements, even the judge questioned Mr. Donato as to why he was taking the case to trial. In the end, however, the jury had very few questions to ask, as it took them less than an hour to return their not guilty verdicts for Mr. Donato's client.

  • Case Dismissed Possessing Marijuana for Sale

    Mr. Donato covinced the District Attorney that his client was protected under the Medical Marijuana Laws as a legal caregiver, and all felony charges regarding possessing marijuana for sale were dismissed.

  • Case Dismissed Drug Charge

    Our client's drug case was dismissed after Mr. Donato proved to a judge that the officer's only basis for conducting a probation search in this case was for harassment purposes in violation of his client's 4th Amendment Rights.

  • Case Dismissed Battery Charged

    With a client facing charges for spousal battery, a serious offense that would have cost him his job, Mr. Donato effectively negotiated with the DA, resulting in a full dismissal in return for 12 anger management classes.

  • Case Dismissed Battery Charge

    This battery case was ultimately dismissed after our office conducted investigation and found independent witnesses who stated that the victim lied to police and actually started the fight.  The DA agreed to dismiss the case and Ms. August was able to maintain her clean record.

  • Not Guilty Possession of a Concealed Firearm

    Charged with possession of a concealed firearm inside of a car, our client was facing special criminal enhancements. Not only did the gun have an illegal high-capacity magazine, our client allegedly possessed the gun in association with a gang.  Mr. Donato fought this case at trial and hung the jury 9-3 for not guilty. But the District Attorney elected to re-try the case. Mr. Donato responded by taking the case to trial again, this time returning with a full not guilty verdict.

  • Not Guilty Felony Domestic Violence

    Our client faced charges for felony domestic violence and misdemeanor child abuse.  Mr. Donato showed the jury at trial that Mr. Hillman's spiteful ex-girlfriend had lied about the facts.  Mr. Hillman walked into trial facing 10 years in prison, but he walked out a free man.

  • Reduced to a misdemeanor Charged with felony sexual battery

    Appointed Indigent Defense Counsel in San Joaquin County; the client was charged with felony sexual battery and looking at his third strike and 25 years to Life in prison; upon body worn camera review, Mr. Donato was able to present evidence to the DA and had the case reduced to a misdemeanor and the client was released from jail custody that day.

  • Case Dismissed Possession of Marijuana for Sale

    Our client was facing felony charges of cultivation and possession of marijuana for sale.  After successfully having the case dismissed, Mr. Donato also negotiated with the District Attorney to return the $20,000 in cash that was seized from our client.

  • Case Dismissed Felony Marijuana Charges

    Dismissed Client was charged with multiple felony marijuana related charges. Our investigation showed that client was not involved in the operation although she was present during execution of the search warrant. The case was dismissed as to our client, whereas the co-defendants were convicted.

  • Case Dismissed Assault with a Deadly Weapon

    Dismissed Client was charged with brandishing a firearm when he had a confrontation with his daughter’s boyfriend in his own home. We effectively fought to get this case dismissed on the eve of trial.

  • Case Dismissed Robbery

    Client was facing robbery charges and our investigation showed the witness was not likely to show up for trial. We pushed to get this case before a jury, and when the prosecution was unable to produce evidence against our client the case was dismissed.

  • Dismissed Embezzlement

    Client was a military veteran that was accused of embezzlement from his employer. Mr. Donato was able to get the employer and DA to drop all charges and dismissed the case.

  • Case Dismissed Possession of Methamphetamine for Sale

    Our client was one of several defendants charged with possession of methamphetamine for sale. The defendants were found at an alleged "crack-house" surrounded by various illegal narcotics, and even firearms. After threatening to go to trial, Mr. Donato had the entire case against our client dismissed by day two in court.