Sacramento Misdemeanor Defense Lawyer

Charged With A Misdemeanor And Unsure What Comes Next?

A misdemeanor charge in Sacramento can feel like it turned your life upside down overnight. You may be worried about work, your family, and whether this will follow you for years. Even if someone told you it is “only a misdemeanor,” it is still a criminal case that deserves serious attention.

At Walsh Law, we focus exclusively on criminal defense. Our firm is led by attorney Chris Walsh, a former Chief Assistant District Attorney with more than 19 years in criminal law and over 100 jury trials behind him. We use that experience to guide people through misdemeanor cases in a way that protects their record, their reputation, and their future.

If you are looking for a misdemeanor attorney in Sacramento who will take your situation personally, listen carefully, and give you straight answers, we are here to help. The sooner we get involved, the more options we usually have to shape the outcome.

To schedule a free case review, call (916) 610-3558 or contact us online today.

What is a Misdemeanor?

In the California penal system, crimes are generally categorized into three tiers: infractions, misdemeanors, and felonies. A misdemeanor is a crime that is more serious than an infraction (like a speeding ticket) but less severe than a felony (like robbery or murder).

Under California law, the defining characteristic of a misdemeanor is the potential punishment. While a felony can result in years in state prison, a misdemeanor conviction is punishable by a maximum of one year in a county jail.

However, many misdemeanors are "wobblers." This means the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony based on the specific facts of the case and the defendant’s prior criminal history. Having an experienced attorney early in the process is vital to ensuring a "wobbler" stays in the misdemeanor category.

Common Types of Misdemeanors in California

Our legal team at Walsh Law handles a wide array of misdemeanor cases. While these charges are common, the nuances of California law require a sophisticated defense strategy for each. Common charges include:

• DUI (Driving Under the Influence): Most first and second-time DUIs without injuries are charged as misdemeanors.
• Drug Possession: Possession of controlled substances for personal use (Health and Safety Code 11350).
• Petty Theft: Shoplifting or stealing property valued at $950 or less (Penal Code 484 & 488).
• Domestic Violence: Battery on a spouse or cohabitant (Penal Code 243(e)(1)).
• Assault and Battery: Simple assault (Penal Code 240) or battery (Penal Code 242) that does not involve serious bodily injury.
• Public Intoxication: Being under the influence of drugs or alcohol in a public place to the point of being unable to care for oneself (Penal Code 647(f)).
• Prostitution and Solicitation: Engaging in or soliciting an act of prostitution.
• Vandalism: Defacing or damaging property where the damage is less than $400.

Criminal Penalties for Misdemeanor Convictions in CA

The penalties for a misdemeanor in Sacramento are not "slaps on the wrist." They can disrupt your employment, your finances, and your freedom. California divides misdemeanors into two categories:

Standard Misdemeanors

These are punishable by up to six months in county jail and/or a fine of up to $1,000. Examples include public intoxication and petty theft.

Gross or Aggravated Misdemeanors

These are more serious offenses punishable by up to one year in county jail and/or a fine of $1,000 or more. Examples include domestic battery or a second-offense DUI.

Collateral Consequences

Beyond jail and fines, a misdemeanor conviction carries "hidden" costs:

• Professional Licensing: Nurses, teachers, and contractors may face disciplinary action or license revocation.
• Firearm Rights: Certain misdemeanors, particularly those involving domestic violence, carry a 10-year or lifetime ban on owning a firearm.
• Immigration Status: For non-citizens, certain "crimes of moral turpitude" can lead to deportation or denial of citizenship.
• Employment: Many employers run background checks that will reveal a misdemeanor conviction.

Misdemeanor Charge FAQs

Will I go to jail for a first-time misdemeanor?

Not necessarily. For many first-time offenders in Sacramento, we can negotiate for probation or "diversion." If you successfully complete a diversion program, the charges may be dismissed entirely, keeping your record clean.

Can a misdemeanor be cleared from my record?

Yes. Under California Penal Code 1203.4, many misdemeanors are eligible for expungement once you have successfully completed probation. This allows you to legally state to most private employers that you were not convicted of a crime.

What is the difference between a misdemeanor and an infraction?

An infraction (like a stop sign violation) results only in a fine and does not go on your criminal record. A misdemeanor is a crime that involves potential jail time and creates a permanent criminal record.

Do I have to appear in court for a misdemeanor?

In many cases, under California Penal Code 977, your attorney can appear on your behalf for misdemeanor proceedings. This means you may not have to miss work or step foot in a courtroom while we handle the litigation.

Why Our Team Is Different

When you are deciding who should stand between you and a criminal conviction, background matters. Chris Walsh served for years as a prosecutor, including as Chief Assistant District Attorney in Nevada County and as a deputy district attorney in Kings, Fresno, and Santa Clara counties. That experience gives our team a detailed understanding of how prosecutors evaluate and build misdemeanor cases.

Having personally tried more than 100 jury trials, Chris knows what actually matters to judges and juries and what is just noise. That trial history helps us look at your case from the very beginning with an eye toward what the other side will try to prove and how we can pull their case apart. It also means that if your case cannot be resolved short of trial, we are not learning the courtroom on your time.

We are not a high-volume office that treats people like file numbers. We intentionally limit our caseload so we can dig into the details of each misdemeanor, review the reports closely, and talk through strategy with our clients. Our approach has been described as white-glove service with a blue-collar attitude, which for you means careful preparation, personal attention, and clear, no-nonsense advice about where you stand.

Chris has been twice selected as Prosecutor of the Year in Fresno County and was nominated for Trial Attorney of the Year in Santa Clara County. He is recognized by organizations such as Lawyers of Distinction in Criminal Law and the Top 100 Trial Lawyers. These are outside acknowledgments of what we commit to every day, fighting hard for good people who find themselves on the wrong side of the law.

Call (916) 610-3558 to speak with our team about your misdemeanor case.