Misdemeanor charges are more serious than “infractions” but less serious than felonies.
Misdemeanor crimes are classified by their potential punishment. Being charged with a misdemeanor in California means that you are suspected of having violated a law for which the sentence is no more than one year in jail. This is in contrast to a felony charge, which would mean you were suspected of having violated a law for which the potential punishment was more than a year in jail.
There are three types of California Misdemeanor Charges:
- “Standard” California Misdemeanors, which are punishable by up to 6 months in jail and/a fine up to $1,000.
- “Aggravated” California Misdemeanors, which are punishable by up to 364 days in jail (less than a year, but more than 6 months) and/or a fine of up to $1,000 or more.
- “Wobbler” Offenses, which are California Misdemeanors that may be charged as a misdemeanor or a felony, depending on the circumstances.
Common Misdemeanor Charges
While the list of misdemeanor charges in California is far too long to list all in one place, here are just a few examples of the laws in California that define misdemeanor charges. You can find a full explanation of the charges and their designation as either a felony or a misdemeanor, in the California Penal Code.
- Driving on a Suspended License – VC 14601.1(a)
- DUI – VC 23152(a)
- Public Drunkenness – 647(f)
- Domestic Violence – PC 273.5
- Reckless Driving – VC 23103 (b)
- Disorderly Conduct – PC 415
- Petty Theft – PC 484 or PC 488
- Shoplifting – PC 459.5
- Soliciting Prostitution – PC 647(b)
- Probation Violations – PC 273.5
A conviction for any one of these crimes would result in a fine of up to $1,000 or more, plus court costs. Bail for these and other misdemeanor charges generally require a deposit to be made with the court in the amount of the expected maximum fines, to be refunded upon completion of the pretrial conditions of release.
What is bail?
Bail is a system that has been used in the United States since before the Revolutionary War. It is a carry-over from English Common Law that allows a person to deposit a sum of money with the court or magistrate in order to obtain a release from jail until a trial can be held. As a part of the bail process, the person accused of a crime assures the court that they will appear for all hearings and proceeding related to the charges against them. Sometimes there are other conditions to their release, as well. If they fail to comply with the terms of their pretrial release, the defendant will be returned to jail to wait until the legal process against him or her can be completed.
How Much is Bail for Misdemeanors?
Bail is determined by the charges against the defendant. Often, there are multiple charges relating to a single incident. Depending on the county you’re in, bail may be based on the single most serious charge, or by adding all of the charges together. A person accused of crimes can also request a bail hearing, to allow a judge to set the bail. A judge has the authority to set bail or release a defendant OR or on their Own Recognizance.
Misdemeanor Bail For PC 243(e)(1) – Battery of a Spouse
The term, Battery of a Spouse, may conjure up images of a badly beaten woman, requiring medical attention. However, Battery of a Spouse does NOT refer to that level of injury. Plainly put, Battery on a Spouse is defined as:
“When a battery is committed against a spouse, a person who is the parent of the defendant’s child, former spouse, fiancé or fiancée, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship…”
What Constitutes Battery?
Simple battery, under California Penal Code 242, consists of any willful and unlawful use of force or violence on someone else.
Situations that could result in a battery charge include:
- Putting your hands on your girlfriend when you're fighting, even though you don't intend to hurt her, nor do you cause her any harm.
- You shove someone aside as you exit a building in anger.
- Lying in wait for an enemy and beating them up.
It may seem ridiculous that situations so far apart, in intent and result, could all end in charges of battery. But, they can, though the degree of battery may vary. In fact, if you simply try to use force on someone but aren't able to actually put your hands on them, you could be charged with a related crime known as “assault.”
Different Types of Battery
Simple battery is willfully touching someone else in a harmful or offensive manner. Simple battery is a violation of Penal Code 242.
If the battery, or willful use of unlawful force against another person, results in serious injury, you could be charged with “battery causing serious bodily injury,” a violation of Penal Code 243(d).
Battery on a police or peace officer is a violation of Penal Code 243(b) and 243(c) and can be classified as a felony, carrying with it much more serious punishments and fines.
Sexual battery, a violation of Penal Code 243.3, is defined as the unwanted touching of the intimate part of another person for purposes of sexual gratification, arousal, or abuse. This can be charged as either a misdemeanor or felony, depending on circumstances.
Domestic Battery Bail Bonds
Domestic Battery is one of the most common types of battery charges and is a violation of Penal Code 243(e)(1). Domestic battery involves willful and unlawful touching that is harmful or offensive and is committed against a spouse or former spouse, a cohabitant or former cohabitant, a fiance' or former fiance', a person with whom the defendant has had a dating relationship, or the parent of the defendant's child. Sometimes a person can be convicted of domestic battery, even if the victim is not injured in any way. That means that something as simple as pushing your significant other during an argument, grabbing and tearing your boyfriend or girlfriend's clothing, or scratching the face of your significant other, can all result in a charge of battery.
If you, or someone you care about, has been arrested for Domestic Battery, a violation of PC 242, your first thought will be to get them home as quickly as possible. For fast bail bond service, call the experienced, professional bail bondsmen at Mr. Nice Guy Bail Bonds. With locations all over Southern California, Mr. Nice Guy can have a bail bondsman by your side in no time and have your friend or family member out of jail FAST!
For Domestic Battery Bail Bonds, call Mr. Nice Guy Bail Bonds at (844) 400-2245.
Misdemeanor Bail Bonds for DUI
While driving under the influence of drugs and alcohol is illegal throughout the United State, the State of California has some of the toughest laws for punishing those convicted of DUI charges.
The drunk driving laws for California are found in Vehicle Code Section 23152 and Vehicle Code section 23153, which says that:
- 23152(a) – It is illegal for anyone who is under the influence of alcohol to operate a vehicle
- 23152(b) It is illegal for anyone who has a blood alcohol content exceeding 0.08% or more to operate a vehicle.
- 23152(e) – It is illegal for anyone who is under the influence of drugs to operate a vehicle.
- 23152(f) – It is illegal for anyone who is under the influence of any combination of drugs or alcohol to operate a vehicle.
In many cases, both the 23152(a) and 23152(b) charges will be filed together.
To put it in layman's terms, DUI charges result when a person drives or otherwise operates a vehicle while under the influence of drugs or alcohol. Whenever you are planning a fun evening (or day) out with friends and alcohol may be consumed, it is always best to either designate a driver who will not be drinking or to utilize some sort of public or paid transportation like a taxi service or Uber driver.
If you or someone you love has been arrested for DUI in Southern California, call Mr. Nice Guy Bail Bonds for assistance in getting out of jail fast. (844) 400-2245
Misdemeanor Bail Bonds for DUI of Drugs - VC 23152(e)
Driving under the influence of Drugs is a violation of the Vehicle Code 231452(e), which reads: “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” It is very similar to driving under the influence of alcohol. One way that this charge differs from a regular “DUI” charge is that when an officer suspects the presence of drugs in someone's system, a breathalyzer test will not show drugs and a blood test will have to be ordered. Other evidence that can be used to charge someone with DUI of drugs includes the defendant's statements, behavior, and appearance.
When you are arrested for DUI of Drugs, you'll be taken to a detention facility, or jail, and booked for your charges. This process can take several hours and includes taking a photo and fingerprints. Once you've been booked, you'll be assigned a booking number. You'll be allowed to make several phone calls. Use one of these phone calls to call Mr. Nice Guy Bail Bonds, to begin the process of getting you out of jail fast. Mr. Nice Guy and his team of licensed bail bondsmen will work hard to get you out of jail, as quickly as possible. When you call (844) 400-2245, have your name, location, and booking number ready for fastest service.
What is DUI?
California's legal definition of DUI is operating a vehicle under the influence of any substance, including drugs, that can affect your nervous system, brain, or muscles and includes illegal substances, prescription drugs, and even over the counter drugs if they affect you to a significant degree. You are driving under the influence if you drink alcohol or take any kind of drug that impairs you to the point that you are unable to drive like a sober person and, yet, you drive, anyway.
Penalties for DUI Conviction
DUI is most often charged as a misdemeanor. The penalties for DUI can include:
- Driver's License Suspension
- Fines Up To $1,800 For A First Offense
- Possible Jail Sentence
- Probation Of Three To Five Years
Misdemeanor Bail Bonds for DUI with Bodily Injury
Many times the amount of money required for bail is more than someone can conveniently come up with. If you don't have friends or relatives from whom you can borrow the money for bail, you may need to enlist the help of a bail bondsman like Mr. Nice Guy Bail Bonds. Mr. Nice Guy and his team of licensed, professional bail bondsmen can help you negotiate the bail process and get out of jail fast.
A DUI bail bondsman will pay the bail on your behalf, and you pay the bondsman a fee, usually 10% of the total cost of bail. When the case is resolved, the court will return the money to the person who paid it, in this case, the bail bondsmen. He keeps the fee as payment for helping to secure bail more quickly and for assistance to the court in tracking and ensuring the compliance of defendants who are out on bail.
Call (844) 400-2245 for help with DUI bail bonds today!