Misdemeanors

   What's The Difference Between Felony And Misdemeanor?

    Misdemeanors and Felonies are the 2 major groups crimes are broken into in most states; If the potential punishment provided by law is less than a year of imprisonment then it is Misdemeanor. If the potential punishment provided by law is over a year of imprisonment then it is Felony

    Certain crimes when the prosecutor changes it either as felony or misdemeanor then it's called WOBBLERS. Infractions are behaviors punished by fine are usually not considered crimes such as traffic tickets. But some behaviors can be labeled as misdemeanor even if the punishment is only by fine such as possession of less than an ounce of marijuana for personal use. Marijuana possession laws are in constant change these few years, always check the new drug possession laws through your lawyer.

    A misdemeanor conviction can result in up to one year in jail, fines, and community service. They are less serious offenses than felonies.
Even misdemeanors end in jury trial, even jail, the attorney with years of litigation and trial experience can and will prevent this .

    A misdemeanor conviction can be amended to felonies, or the charges can be reduced or dropped.
   
    If the potential punishment provided by law is less a year of imprisonment then it's Misdemeanor.
   
    If the potential punishment provided by law is over a year of imprisonment then it's Felony

    Certain crimes when the prosecutor changes it either as felony or misdemeanor then it is called WOBBLERS
   
    That is why you need to hire lawyer experienced IN REDUCING THE CHARGES, TURNING THE CHARGES TO INFRACTIONS, EVEN DROPPING THE CHARGES ALTOGETHER.

    With the Law Office of William M. Paparian, you get Bill Paparian as your lawyer. You won't be assigned to an inexperienced lawyer or get lost inside a large, impersonal law firm. Instead, your case will be handled by him, have his personal attention, and the benefit of his experience and expertise.

Misdemeanors and Infractions:

    In the Presence' Requirement:  Misdemeanors (and infractions) must have occurred in the officer's (or private person's, in the case of a private person's arrest) presence.

Exceptions
    A peace officer has statutory authorization to arrest for misdemeanors which did not occur in the officer's presence under limited circumstances.

Juvenile Arrests-some may be filed as Misdemeanor others as Felony depending on the circumstances and the arresting officer and presence of witnesses.

.Driving While Under the Influence Arrests
.Driving While Under the Influence of Alcohol and/or Drugs,when....
.The person was involved in a traffic accident.
.The person is observed in or about a vehicle that is obstructing a roadway.
.The person will not be apprehended unless immediately arrested.
.The person may cause injury to himself or herself or damage property unless immediately arrested.
.The person may destroy or conceal evidence of the crime unless immediately arrested; such as the metabolic destruction of alcohol in a    DUI suspect's body (the "burn off" rate) qualifies as the "destruction of evidence".)
.The old California rule of requiring a valid arrest, even of an unconscious suspect, prior to the extraction of a blood sample was abrogated  by passage of Proposition 8, in 1982.  Now, so long as probable cause exists to believe that the defendant was driving while intoxicated,  a formal arrest is not a prerequisite to a warrantless seizure of a blood sample.
-Battery on School Grounds during school hours.
-Carrying a Loaded Firearm
-Assault or Battery Against the Person of a Firefighter, Emergency Medical Technician, or Paramedic

Domestic Violence Restraining Orders-
Crucial to know once violation reported retracting it by the victim will not prevent case from going forward. 
    Some may be filed as Felony depending on the circumstances and the arresting officer and presence of witnesses. 
-Persons Violating a Domestic Violence Protective or Restraining Order--
-Harassment Orders
-Victim or Witness Intimidation
-Stalking 
-Acts of violence, threats, stalking, sexual abuse, and harassment, in Domestic Violence); 
-During Child Dependency Proceedings
-Elder or Dependent Adult Abuse
or 
Similar orders from another state, tribe, or territory;
. . . where the officer has probable cause to believe the suspect has knowledge of the order and has committed an act in violation of the order.
Domestic Violence Assaults or Batteries. Assaults or Batteries upon the suspect's current or former spouse, fiancé, fiancée, a current or former cohabitant, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, a person with whom the suspect has parented a child, or is presumed to have parented a child, when the officer has probable cause and the arrest is made as soon as probable cause arises.
(1)    sexual relations between the parties while sharing the same living quarters,
(2)    sharing of income or expenses,
(3)    joint use or ownership of property,
(4)    whether the parties hold themselves out as husband and wife,
(5)    the continuity of the relationship, and
(6)    the length of the relationship."

-Elder AbuseAssaults or Batteries upon any person who is 65 years of age or older, when the officer has probable cause and the arrest is made as soon as probable cause arises. some may be filed as  Felony depending on the circumstances and the arresting officer and presence of witnesses.

 -Carrying a Concealed Firearm at an Airport: Per P.C. § 12025, when a peace officer has or reasonable cause to believe a violation has occurred within the area of an airport to which access is controlled by the inspection of persons and property, and when the arrest as soon as cause arises.

some may be filed as Felony depending on the circumstances and the arresting officer and presence of witnesses.

-Operating a Vessel or Recreational Vessel or Manipulation of Water Skis, Aquaplane or Similar Device While Under the Influence
Upon information from a commissioned, warrant or petty officer of the United States Coast Guard establishing "reasonable cause," a peace officer may arrest for a violation of any the above offenses. 
Operating a Vessel While Under the Influence of Alcohol and/or Drugs with an Accident. (Har. & Nav. Code, § 663.1)

(626)795-1750