A gross misdemeanor is a criminal offense charge that typically carries a jail sentence of up to 364 days and fines of up to $1,000. Depending on the specific circumstances of the offense and the person’s criminal history, these penalties can increase.
Examples of gross or aggravated misdemeanors include domestic battery, driving under the influence without causing injury, driving on a suspended license, and a violation of a restraining order.
A Los Angeles criminal defense lawyer can build a defense if you face gross misdemeanor charges. They can negotiate a plea bargain with a prosecutor to reduce your sentence or work to get your charges entirely dismissed.
Examples of Gross Misdemeanors in California
In California, certain offenses are classified as “gross misdemeanors” or “aggravated misdemeanors”—more serious than standard misdemeanors but less severe than felonies. Here are some common examples of gross misdemeanor crimes in Los Angeles:
Domestic Battery
California PC 243(e)(1) is the misdemeanor charge for domestic battery. Inflicting physical injury on a spouse, cohabitant, or someone with whom you have a dating relationship can lead to domestic battery charges under this code section. It’s punishable by up to one year in county jail with fines of up to $2,000.
A probation term may apply, and the convicted person would have to successfully complete no less than one year in a batterer’s treatment program or another counseling program assigned by the court.
Driving on a Suspended License
Continuing to drive after your license has been suspended or revoked, such as for a prior DUI, is a violation of California Vehicle Code 14601. It carries a potential jail time of up to six months and a fine of up to $1,000.
DUI Without Injury
Driving under the influence of alcohol or drugs in most cases without causing injury is typically charged as a misdemeanor DUI under California Vehicle Code 23152(a) and (b). Penalties can include up to six months in jail, along with three to five years of summary probation.
Violating a Restraining Order
Intentionally violating the terms of a court-ordered restraining order, protective order or stay-away order issued against you is a crime under California Penal Code 273.6, punishable by up to one year in county jail and up to a $1,000 fine. If the violation results in someone’s injury, the fine is raised to up to $2,000.
While classified below felony levels, these aggravated misdemeanors are quite serious and can come with harsh penalties like lengthy jail sentences, heavy fines, probation, and other consequences that can impact various aspects of one’s life.
Prosecutors have the discretion to file charges as either misdemeanors or gross misdemeanors based on the specific facts of the case and any prior criminal history of the accused. Having a criminal defense lawyer providing a strong defense against gross misdemeanor allegations is crucial to protecting your rights and interests.
For a free legal consultation, call (310) 896-2723
How a Wobbler Offense Can Affect Sentencing
In California, a wobbler offense refers to a crime that can either be charged as a misdemeanor or a felony. The court will consider the specific circumstances of the crime to determine which type of charge applies. A person’s criminal history, such as previous offenses, and whether or not bodily injury or death factors into the case can give rise to felony charges.
How a Criminal Defense Attorney Can Help When Facing Gross Misdemeanor Charges or Felony Charges
A criminal defense attorney can often work to mitigate potential felony or aggravated misdemeanor charges down to standard misdemeanors through various strategies.
Pre-Filing Intervention
Before charges are even filed, a proactive lawyer can present mitigating evidence and legal arguments to the prosecutor’s office. This could convince them that the alleged offense merits reducing charges to a simple misdemeanor.
Uncovering Insufficient Evidence
Defense attorneys will scrutinize all evidence for any gaps, inconsistencies, procedural violations, or constitutional issues. Poking holes in the prosecution’s case can justify reducing charges.
Highlighting Lower Culpability
Factors like lack of criminal intent, self-defense claims, or evidence of accidental wrongdoing versus intentional misconduct can demonstrate that felony-level charges are an overreach.
Negotiating Plea Bargains
By leveraging mitigating circumstances, a lawyer may secure a plea bargain where the defendant pleads guilty to a misdemeanor in exchange for dismissing harsher felony charges.
Seeking Charge Reductions at Arraignment
At the arraignment stage, the defense can advocate to the judge directly for charges to be reduced to misdemeanors if the allegations don’t meet the felony threshold.
Prelim/Grand Jury Challenges
At the preliminary hearing or grand jury phases, lawyers can rigorously cross-examine witnesses and present counterarguments showing felony charges lack probable cause.
Diversionary Program Qualification
Some first-time offenders may qualify for diversionary programs like drug court where charges are reduced after completing probation or rehabilitation.
Winning at Trial
When all else fails, taking the case to trial gives defendants a chance for outright acquittal or for juries to issue convictions for only the least serious misdemeanor offense.
Call Simmrin Law Group to Learn More About Gross Misdemeanors
If you’re wondering what a gross misdemeanor is, you may benefit from reaching out to Simmrin Law Group. From pre-filing motions to post-conviction appeals, our LA criminal defense lawyers can help reduce charges, providing accused individuals with a chance to minimize penalties.
Contact us today to get a free, confidential consultation. We are available any time of day to take your call and discuss your legal options.
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