Legal Question in Criminal Law in California

Can you go to prison for a misdemeanor?

Can you go to prison for a misdemeanor?


Asked on 10/01/01, 12:04 am

2 Answers from Attorneys

J.Thomas Logan Logan Law Office

Re: Can you go to prison for a misdemeanor?

Generally not, if you're sure it's a misdemeanor. In California, misdemeanor crimes usually can be punished with sentences of up to one year in county jail, while felonies can be punished with sentences of more than one year in state prison.

In California, many crimes are "wobblers", meaning they can be punished as misdemeanors or felonies. If the crime in question is one of these "wobblers", you don't know for sure until the person is sentenced.

As a practical matter, the sentence (punishment) for a crime in California will depend in large part on the person's prior criminal record. A person with no criminal record will often receive probation (and no jail time) for a felony, while a person with a long criminal record may end up in prison for a misdemeanor.

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Answered on 11/07/01, 10:28 am
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Can you go to prison for a misdemeanor?

Here in California, generally, no. Some plea bargain arrangements contain prison sentences as part of a negotiated deal, and for specific purposes (location, treatment programs, good time/work time credits, etc.).

In California, misdemeanors by definition carry a maximum sentence of one year in jail. Prison is for State Felony sentences of above one year.

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Answered on 11/06/01, 8:42 pm


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