Misdemeanor Offenses State & Federal
A misdemeanor is generally defined as a crime punishable by a jail term of up to one year, a fine, or both.
There are many crimes that are considered misdemeanors if charged as a first or second offense, but can be charged as felonies for repeat offenders. For example, a DUI is a misdemeanor the first three times someone is convicted in a 10 year span. However, a fourth DUI will be treated as a felony. There are also crimes that are considered “wobblers.” A wobbler is a crime that can be treated as either a felony or a misdemeanor. The prosecutor’s office will look at the nature of the crime and decide how to proceed with charges.
If a person is charged with a misdemeanor under California law, their case will be held in California superior court, and will be subject to the procedural and substantive laws of California. If a person is charged with a misdemeanor under federal law, their case will be held in federal court, and will be subject to the procedural and substantive laws of the federal government.
There are many differences between federal misdemeanor laws and California misdemeanor laws. The prosecutors are different, judges are different, and the elements needed to convict a person are different.
If you’ve been charged with a misdemeanor in federal court or California state court, call the Champion Law Firm today to speak to an experienced criminal defense attorney. Consultations are always free.
If you’re looking for a Los Angeles Misdemeanor Offense Attorney, contact us today.