Although the terms are often used interchangeably in everyday speech, an infraction and a misdemeanor are two distinct legal categories with significant differences in impact. Understanding the distinction is important because an infraction typically results in a fine, while a misdemeanor can lead to a criminal record and even imprisonment. The fundamental difference is that an infraction is a civil violation, whereas a misdemeanor is a criminal offense. This distinction affects not only the penalties imposed but also the long-term consequences for your life. Therefore, it is essential to understand what you are dealing with before dismissing a traffic ticket as a minor inconvenience. The information below addresses the differences.

What is an Infraction?

An infraction is the lowest level of violation in California and is not classified as a criminal offense. An infraction is, by definition, a minor violation of a public law or ordinance, most often found in the California Vehicle Code (CVC). Its key feature is that it is not a criminal offense, distinguishing it from misdemeanors and felonies.

This non-criminal status means that punishment is strictly limited. A fine is the only punishment that can be given for an infraction, and no jail time is possible. In addition, because of their minor nature, defendants charged with an infraction do not have the right to a jury trial or a court-appointed attorney, though they may hire private counsel at their own expense. Most importantly, an infraction conviction does not create a criminal record. This will not reflect in a criminal background check, but can be seen in your driving record, assuming it is a traffic offense.

Most infractions in California are traffic-related. They include:

  • Most speeding tickets (CVC § 22350)

  • Running a stop sign (CVC § 22450)

  • Illegal parking (CVC § 22500), and

  • Failure to wear a seatbelt (CVC § 27315)

These petty offenses may appear minor, but ignoring them may result in accumulating fines and loss of your driver's license.

What Is a Misdemeanor?

A misdemeanor is a criminal offense, in great contrast to an infraction. This is a more serious offense than an infraction and is considered less serious than a felony. The critical distinction is that conviction of a misdemeanor leaves a criminal record that may have long-term impacts on an individual's life, with respect to employment, housing, and professional licenses.

Punishment of a misdemeanor is determined primarily by Penal Code 19, according to which the punishment is typically:

  • Imprisonment in a county jail for not more than six months

  • A fine of not more than $1,000, or both

However, many specific offenses have penalty guidelines, occasionally raising the maximum jail term to one year. This potential for jail time is another key distinction from infractions.

Misdemeanor is a serious offense. Therefore, an accused person is granted significant legal protection. A defendant charged with a misdemeanor has the right to a jury trial, unlike an infraction, and, should he/she not be able to hire one, is assigned a court-appointed lawyer. These rights reflect the seriousness with which the criminal justice system treats misdemeanors.

Examples of misdemeanors include:

  • Petty theft (Penal Code 484)

  • Simple assault (Penal Code 240)

  • Public intoxication (Penal Code 647(f))
    Most first-time DUI violations (Vehicle Code 23152)

The Wobblettes

California also has a special category of crime called "wobblettes" that forms a gray area between infractions and misdemeanors. A “woblette” is a minor offense that may be prosecuted either as a misdemeanor or as an infraction at the discretion of the prosecutor. This prosecutorial discretion is a crucial aspect of the legal system that provides an alternative for some minor offenses.

The biggest advantage to having an offense being filed as a woblette and then reduced to an infraction is that the accused does not have a criminal record, does not serve jail time, and avoids a criminal conviction, but just has to pay the fines and penalties of an infraction. This difference is critical to those looking to avoid the long-term effects of a criminal conviction on their record, which can hamper the ability to secure a job, a professional license, and even a place to live.

These wobblettes have legal grounds in Penal Code 19.8, which explicitly lists the offenses that can be charged as an infraction and not as a misdemeanor. In this section of the code, prosecutors are given a definite legal framework on which to exercise discretion. However, this decision is not guaranteed, and often relies on the facts of the case, the criminal record of the defendant, and local district attorney office policies.

Examples of common woblette offenses are:

  • Disturbing the Peace (Penal Code § 415) — Fighting, obscene language and excessive noise, which disturbs another individual.

  • Trespassing (Penal Code 602) — Forcefully entering or staying in the premises of another person.

  • Unlicensed driving(Vehicle Code 12500) — Driving without having a proper driver's license.

  • Petty theft with a prior conviction (Penal Code § 484, § 666) — When the stolen possession is of a low value.

These crimes could have initially been classified as misdemeanors, but could eventually result in a non-criminal resolution, which is representative of the intricacy of the California legal system. It is a powerful tool with which prosecutors can better and less punitively resolve minor cases.

To better understand the difference between an infraction and a misdemeanor in California, it is valuable to draw comparisons between the two on points of significance. The first and most obvious one is the fact that an infraction is not a crime, and a misdemeanor is a criminal offense. This difference defines all the features of the legal procedure and its outcomes.

In terms of punishment, the contrast is clear. An infraction is not a crime and is punishable only by a fine and no jail term. Conversely, a conviction of a misdemeanor may result in a fine and/or a sentence of one year in a county jail. That is why a misdemeanor conviction creates a criminal record that may remain unless later expunged.

The rights of the accused are also quite different. Since it is a crime that might attract imprisonment, a person charged with a misdemeanor is accorded the right to receive a jury trial and have an attorney appointed by the court in case the accused is unable to hire one. These rights are not applicable to an infraction. Rather, a defendant may only demand to be tried by a judge.

Understanding Wobblers

Wobbler is a unique form of crime in California that a prosecutor could charge as a misdemeanor or a felony. It will depend on a number of factors, such as:

  • The severity of the crime

  • Facts of the case

  • The defendant’s criminal history

This unique legal classification is a key element of the state's justice system.

A wobbler offense can lead to a state prison sentence, should an individual be charged and convicted of a felony, unlike a woblette, which straddles the line between an infraction and a misdemeanor. However, when the prosecutor treats it as a misdemeanor, the maximum sentence is only one year in the county jail. The wobbler designation gives flexibility in how serious crimes are treated, but permits a more subtle approach.

Common examples of wobblers include:

  • Grand theft (PC § 487)

  • Domestic battery (PC § 243(e)(1))

  • Assault with a deadly weapon (PC § 245(a)(1))

A reduction of a felony into a misdemeanor is one of the most important features of a wobbler. A PC § 17(b) motion enables a defendant who was found guilty of a wobbler as a felony to request the court to order the conviction to be reduced to a misdemeanor. This may be granted either upon successful probation by the defendant or during sentencing.

The advantage of an effective PC § 17(b) motion is enormous: it may restore certain civil rights, including, in some cases, the right to possess a firearm, and can have a profoundly positive impact on the opportunities to work and get a job.

How Felonies Compare

The felony is the most serious crime in California. A felony refers to the most serious type of crime, which is differentiated from infractions and misdemeanors mainly by the punishment that it entails. Whereas a misdemeanor is punishable by no more than one year of county jail, a felony is punishable by a term of over one year, generally to be served in a state prison. The possibility of being sentenced to many years in prison is what makes a felony a different league entirely.

In addition to the risk of serving a long prison sentence, a felony conviction has a myriad of devastating, long-term effects. The most obvious consequence is the denial of important civil liberties. An individual found guilty of a felony forfeits his/her right to possess and keep a firearm, which is outlined in Penal Code § 29800. The conviction of a felony may also impact other basic rights, including the right to vote while serving a prison sentence and to sit on a jury. Moreover, having a felony on record may pose significant barriers to employment, professional licensure, housing, and other opportunities long after a person is ready to move on with life.

The Long-term Effect of a Misdemeanor Conviction

Even though a misdemeanor conviction is considered to be a less serious offense compared to a felony, it can still have a serious and profound effect on the life of an individual. In contrast to an infraction, which does not establish a criminal record, a misdemeanor will show up in criminal background checks and can have serious collateral consequences. These include:

Adverse Impact on Employment

A misdemeanor conviction can significantly hinder a person's ability to secure employment. Criminal background checks are done by most employers, particularly larger organizations with five or more employees, and a misdemeanor can be a significant red flag.

Although the Fair Chance Act (often referred to as ban the box), which was enacted in California, does not permit employers to inquire about criminal history on the first job application, it does not forbid employers from conducting a background check after they have given the candidate a conditional job offer. In this case, the employer may legally revoke the offer at this point in case the misdemeanor is directly connected to the job duties.

For example, a misdemeanor conviction of petty theft could disqualify a job applicant from working in a retail job that involves cash handling, and a DUI conviction may disqualify an applicant from jobs that involve driving. This makes a clean record very important for job prospects.

Impact on Professional Licenses

A misdemeanor conviction can also be a setback to those in licensed careers like nursing, teaching, real estate, or law. A professional license held by a state may be denied, suspended, or revoked at the discretion of the state licensing boards, provided that this conviction is found to be substantially related to the qualifications or the duties of a profession. It means that a conviction of a crime, like fraud, may put a real estate license at risk, and a DUI may impact a nurse's license.

Even if the record shows an expunged conviction, most licensing boards are still at liberty to inquire into the conduct behind that conviction and impose discipline. They are interested in the safety of the population and the reputation of the profession, and a criminal history can put the reliability and judgment of a person to the test.

Impact on Immigration Status

Even a seemingly minor misdemeanor conviction can have devastating immigration consequences to non-citizens. The federal immigration law is not always consistent with the state criminal classifications. That is, a simple state-level misdemeanor could be redefined as a serious offense with harsh punishment. In one case, a minor theft misdemeanor could fall under federal law as a crime involving moral turpitude (CIMT). Being convicted of a CIMT renders you inadmissible to the U.S. or results in deportation, even if the penalty imposed by the state was minor.

Furthermore, some misdemeanors are considered “aggravated felonies” in immigration law, which may carry a maximum sentence of one year or above. This is an immigration law term that does not always mean that the crime was a felony in the state in which it was committed. A conviction of an aggravated felony leads to the automatic deportation of the person and renders him/her forever ineligible to ever lawfully come back to the United States again. These complicated and sometimes aggressive consequences mean that any non-citizen who has a criminal record must turn right away to an immigration lawyer and know what is at stake and what all the available legal ways out are.

How to Handle Your Charge or Citation

The legal system may be difficult to navigate, but it is important to know what steps to follow in the event of a citation or charge.

In The Event of Being Given an Infraction Ticket

An infraction is usually easy to deal with. You can just pay the fine on the ticket due date. This closes the case, and you admit the conviction. In the case of a traffic offense, you can also attend traffic school so that the point can be removed from your driving record. Another option is that the ticket was unjust, and you may appeal against the ticket by pleading not guilty and demanding a trial before the judge.

If You Are Charged with a Misdemeanor (or a Woblette)

A criminal issue needs to be taken far more seriously, like a misdemeanor charge. You should protect your rights and your future as your priority. In so doing:

  • Do not speak to police without an attorney — Whatever you say will and can be used against you in court. Ask politely and insistently that you will not respond to questions without an attorney.

  • Do not miss your arraignment — This is the first court session, during which you will enter a plea. Failing to appear will result in a warrant being issued for your arrest.

  • Consult a criminal defense attorney as soon as possible — This is the most important step. A seasoned lawyer is able to hear your case, make recommendations on the likely course of action, and defend you in court. They may even negotiate with the prosecutor to minimize or have the charges dismissed. In the situation involving a woblette, they may press that it be brought as an infraction to save your record.

Find a Criminal Defense Lawyer Near Me

From a simple parking ticket to a serious criminal charge, the legal landscape is defined by critical distinctions that carry vastly different consequences. Understanding the difference between an infraction and a misdemeanor is not just a matter of legal knowledge. It is essential for protecting your future. An infraction can be a simple inconvenience, whereas being convicted of a misdemeanor can create a lasting criminal record, impacting your future work opportunities, as well as your professional license. The stakes are high, and riding this complicated system alone is a risky affair.

Whether you are being charged with a misdemeanor or are just not sure of your rights, your future cannot be left to chance. Call the Los Angeles Criminal Attorney today at 424-333-0943 for a confidential consultation and the legal advice you deserve.