Misdemeanor Crimes

Sacramento Misdemeanor Defense Lawyer

Dedicated to 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 case 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.

  • 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.

  • 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 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.

  • Not Guilty Sexual Assault

    With a client facing life in prison on sexual assault charges, our office decided to take this case to trial. After fighting to expose the holes in the Prosecution's case, the jury returned not guilty verdicts on all counts.  Our client was released from custody the same day.

  • Case Dismissed Felony Charge

    Getting this felony case dismissed at preliminary hearing was a fight. But by effectively cross examining the arresting officer and showing that our client was not an accomplice to the alleged crime, Mr. Donato succeeded in getting this dismissal.  Our client came into the preliminary hearing facing felony charges of conspiracy and battery with great bodily injury, and he walked out a free man with an untarnished record.

  • Penalty Reduced Felony DUI

    Client had previously been to prison for multiple DUI’s and was arrested again for DUI. We got client into treatment and persuaded the court (over the prosecutor’s objection) to sentence him to rehab instead of prison. Mr. Gerber is now a successful (and sober) project manager in the Bay Area.

  • 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.

  • 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.

  • 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.

  • Not Guilty Attempted Murder

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

  • Not Guilty Gang Enhancement

    Our office was proud to defeat the gang enhancement charge at trial for our client, who was charged with possessing a firearm for the benefit of a gang.  Defeating the gang enhancement was the sole reason for going to trial, and it saved our client from gaining a second strike conviction, not to mention significant prison time.

  • 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.

  • Reduced to a misdemeanor 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 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 Possessing Marijuana for Sale

    Even before trial, our office had this case dismissed by presenting evidence that our client, who faced felony charges of possessing marijuana for sale, qualified as a legal caregiver and was protected from prosecution under the California medical marijuana laws.

  • Full Acquittal DUI

    Our office took this case to jury trial and received a full acquittal on all charges including DUI and refusing to take a chemical test.  This would have been Mr. Sanchez's second DUI and would have resulted in a year long license revocation.

  • 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.

  • 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 Battery Charge

    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.

  • 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.