You have a crystal clear criminal record. Then, life happens, and you’re facing misdemeanor charges for the first time.
Is it worth it to hire a lawyer, or will you be better off managing the situation on your own?
The answer is that in most cases, it makes sense to speak with a lawyer at least once. The reason for this is that, while misdemeanor charges might seem minor, they can carry serious consequences that can negatively affect your life for years to come.
An expert in criminal law can review the specifics of your case, advise you on the best strategy, and even represent you in court if needed.
Misdemeanor charges aren’t actually ‘minor’
Misdemeanor criminal charges might sound less severe than felonies, but they are far from trivial.
California law divides misdemeanors into two categories: standard misdemeanors and “gross” or aggravated misdemeanors. Penalties can range from fines and probation to up to a year jail time. Common examples include DUI, petty theft, simple assault, or possession of certain controlled substances.
Even a standard misdemeanor conviction can stain your record and complicate your life. For example:
- Employers often run background checks and may hesitate to hire someone with a conviction.
- Immigration status can be jeopardized, as some misdemeanors can trigger deportation or denial of future applications.
- Licensing boards may deny or revoke professional licenses, making it difficult to work in fields like healthcare or education.
What does it mean to have a criminal record?
As we mentioned in the prior section, one of the most significant consequences of a misdemeanor is its impact on your criminal record. If convicted, your misdemeanor offense will appear on your record, and its details will come up in background checks.
In California, most misdemeanors can be expunged under Penal Code § 1203.4 if certain conditions are met. This process takes time and effort and is not always guaranteed. Also note:
- Expungement does not erase the conviction entirely. The conviction remains on your criminal record but is marked as “dismissed” or “set aside.”
- Employers and licensing boards may still see and consider expunged convictions under certain circumstances.
- Expungement does not restore certain rights, such as firearm possession rights lost due to a conviction.
Until expunged, a conviction can follow you for years, affecting your ability to rent an apartment, secure loans, or obtain certain certifications.
Misdemeanors that cannot be expunged
There are some cases where expungement is either not allowed or significantly limited. They include:
1. Sex offenses involving minors
Any misdemeanor conviction requiring registration as a sex offender under California Penal Code § 290 cannot be expunged. Examples include:
- Penal Code § 261.5(d) – Unlawful sexual intercourse with a minor under 16 by a person 21 or older.
- Penal Code § 288 – Lewd acts with a minor.
2. Certain vehicle code violations
While many vehicle-related misdemeanors are eligible for expungement, exceptions include:
- Vehicle Code § 42002.1 – Certain infractions related to commercial driving.
- Convictions leading to the suspension or revocation of a driver’s license, where terms of probation or penalties remain unfulfilled.
3. Violent or serious misdemeanors
Rare, violent or serious misdemeanors with aggravating circumstances (e.g., involving a deadly weapon) may face stricter limits based on specific case factors.
4. Misdemeanors with ongoing probation violations
A person must successfully complete probation or have probation terminated early to qualify for expungement. If there are unresolved violations, expungement will not be granted.
The prosecutor offered me a deal. What’s the catch?
For first-time offenders, prosecutors often offer plea deals, which might seem like a quick and easy way out. However, these deals come with hidden catches:
- Admission of guilt – Accepting a plea deal usually requires pleading guilty or no contest, which results in a conviction on your record.
- Unexpected penalties – Plea deals might include fines, community service, or mandatory classes that can disrupt your personal and professional life.
- Future complications – If you are ever charged again, a prior conviction — even for a misdemeanor — can lead to harsher penalties or limit your options for alternative sentencing.
A lawyer can analyze the offer and determine if it truly serves your best interests. They may be able to negotiate for a better deal or build a case for dismissal altogether.
When is it a good idea to represent yourself?
In rare cases, representing yourself may be a reasonable option.
For example, if the charge is extremely minor, the evidence against you is weak and the penalties are limited to a small fine, you might decide to navigate the system alone.
However, even in these situations, consulting with an attorney before proceeding can be invaluable.
Could you miss a defense?
One of the biggest risks of representing yourself is overlooking defenses that could lead to a dismissal or reduced charges. For example:
- Mistaken identity – In cases like theft or assault, misidentification by witnesses is common.
- Violation of rights – If law enforcement violated your rights during an arrest or search, evidence against you might be inadmissible.
- Alternative explanations – Some cases, such as public intoxication, might have valid explanations (e.g., a medical condition).
Lawyers are trained to spot these nuances and build strategies that most individuals would not recognize on their own.
An experienced criminal defense attorney can:
- Evaluate your case and identify weaknesses in the prosecution’s arguments.
- Explain your options, including the pros and cons of plea deals.
- Negotiate on your behalf for reduced charges or penalties.
- Navigate the court process, which can be overwhelming for someone unfamiliar with the legal system.
Ultimately, hiring a lawyer ensures that your rights are protected and gives you the best chance at a favorable outcome.
Get legal help today
A first-time misdemeanor might seem manageable on your own, but the consequences can be far-reaching and complex.
Having an experienced lawyer on your side can make all the difference in protecting your rights, minimizing penalties, and ensuring the best possible outcome.
If you’re facing a misdemeanor charge, don’t take unnecessary risks. Contact the Helfend Law Group today for expert legal guidance. With over 40 years of experience and a proven track record, we’ll help you navigate the legal system and fight for your future.
Call 800-834-6434 for a free consultation.
Published December 21, 2024.