Los Angeles Misdemeanor Defense Lawyer
You were arrested for a misdemeanor in Los Angeles. You might not think it is a serious matter; after all, you are not facing a felony. However California law takes all criminal offenses seriously, and you face potentially serious penalties for a misdemeanor conviction.
Fortunately, Chudnovsky Law is on your side. Our skilled Los Angeles misdemeanor defense attorneys will review your case today and build a robust defense. We have many strategies to fight misdemeanor charges, so please never wait to (213) 212-5002 to learn more.
LA Misdemeanor Defense Guide
- Los Angeles Misdemeanor Crime Overview
- Common Misdemeanor Crimes
- Common Defenses Against Misdemeanor Charges
- Fighting The Prosecutor In Your LA Misdemeanor Case
- What To Do After a Los Angeles Misdemeanor Arrest
- Contact Our Los Angeles Misdemeanor Defense Lawyers
Why Choose Us?
You can trust Chudnovsky Law to develop a strong and tailored defense strategy against misdemeanor charges in LA. Our seasoned Los Angeles misdemeanor defense attorneys, with over 9,000 clients represented, hold top 10.0 ratings on Avvo and Justia. Recognized by U.S. News & World Report as a respected defense firm for sex crime cases, we deliver results for our clients charged with any offense, including misdemeanors.
Visit us at 1933 S Broadway, #1100, Los Angeles or call (213) 212-5002 for a confidential consultation on your misdemeanor case today.
Los Angeles Misdemeanor Crime Overview
You can be charged with a variety of serious misdemeanor offenses in Los Angeles and throughout California. If so, always count on our skilled Los Angeles criminal defense lawyers for immediate assistance.
In Los Angeles, misdemeanor crimes are offenses that are less severe than felonies but more serious than infractions, typically punishable by up to 364 days in county jail and fines up to $1,000 or more, depending on the offense. These crimes cover a wide range of activities and are categorized into standard and aggravated (or gross) misdemeanors based on their severity.
Standard misdemeanors, such as petty theft, vandalism, or public intoxication, typically carry penalties of up to six months in jail. In contrast, aggravated misdemeanors, including domestic battery or driving under the influence (DUI), may result in harsher penalties, including up to 364 days in jail.
Misdemeanors can also include “wobbler” offenses, which prosecutors may charge as either misdemeanors or felonies depending on the case details and the defendant’s criminal history. A conviction often leads to probation, community service, or other conditions and can impact employment, housing, and professional licensing due to the presence of a criminal record.
Common Misdemeanor Crimes
Common standard misdemeanor crimes in Los Angeles include petty theft, disorderly conduct, trespassing, and minor drug possession. Petty theft, defined under California Penal Code 484 PC, involves stealing property valued at $950 or less, such as shoplifting or taking someone’s bicycle and can result in up to six months in jail and a $1,000 fine.
Disorderly conduct, as defined under Penal Code 647 PC, encompasses behaviors such as public urination or causing disturbances, which are often punished with fines or short jail terms.
Trespassing, per Penal Code 602 PC, occurs when someone unlawfully enters another’s property, and public intoxication, under Penal Code 647(f) PC, involves being drunk in public to the point of endangering oneself or others.
These offenses are typically non-violent and may be resolved through diversion programs or probation, especially for first-time offenders, to avoid a lasting criminal record.
Aggravated Misdemeanor Crimes
Aggravated or gross misdemeanors in Los Angeles involve more serious offenses, such as DUI, domestic battery, or violating a restraining order. A DUI, under Vehicle Code 23152 PC, is typically charged as a misdemeanor for first, second, or third offenses within ten years, carrying penalties like up to 364 days in jail, fines, and mandatory alcohol education programs.
Domestic battery, per Penal Code 243(e)(1) PC, involves non-injurious violence against a domestic partner and may lead to jail time, probation, and restraining orders. Violating a restraining order, under Penal Code 273.6 PC, is another aggravated misdemeanor that can result in up to one year in jail and significant fines.
These crimes often carry stricter penalties and may include court-ordered counseling or community service, with a higher likelihood of impacting the defendant’s personal and professional life.
Wobbler Offenses
Some misdemeanor crimes in Los Angeles are considered “wobblers,” meaning they can be charged as either misdemeanors or felonies based on the circumstances and the defendant’s prior record. Examples include assault with a deadly weapon (Penal Code 245(a)(1) PC), certain types of drug possession (Health and Safety Code 11350 HS), and elder abuse (Penal Code 368 PC).
For instance, a first-time drug possession charge may be treated as a misdemeanor with probation or diversion. Still, a repeat offense or aggravating factors could elevate it to a felony. Prosecutors consider factors such as the severity of the crime, the impact on the victim, and the defendant's criminal history when determining how to charge these offenses.
Defendants facing wobbler charges benefit significantly from legal representation, as our skilled Los Angeles misdemeanor defense lawyers at Chudnovsky Law may negotiate to reduce felony charges to misdemeanors, also minimizing penalties and long-term consequences.
Common Defenses Against Misdemeanor Charges
Facing misdemeanor charges is stressful, but never assume a conviction is inevitable. There are various defenses that our skilled defense lawyers can use to protect your rights and achieve the best possible outcome for your case.
Self-Defense
One common defense strategy is self-defense, which can be employed in situations where you were acting to protect yourself or others from harm. Your attorney can argue that your actions were justified given the circumstances, and therefore the charges against you should be dismissed.
Challenging Evidence
Another effective defense against misdemeanor charges is challenging the reliability of the evidence presented by the prosecution. This can involve questioning the credibility of witnesses, highlighting any inconsistencies or contradictions in their testimonies, or challenging the chain of custody of physical evidence.
By casting doubt on the evidence against you, your attorney can create reasonable doubt in the minds of the judge or jury, making it harder for the prosecution to prove their case beyond a reasonable doubt, which is necessary to obtain a conviction.
In cases where there is insufficient evidence to prove the charges beyond a reasonable doubt, your attorney can argue for the dismissal of the case. By highlighting the lack of compelling evidence against you, your lawyer can advocate for your innocence and push for the charges to be dropped. Eyewitness identification issues or forensic lab errors can also be raised as defenses to discredit the prosecution's case and bolster your defense.
Constitutional Violations
Additionally, your attorney may challenge the legality of how the evidence was obtained, especially if it was gathered through unlawful traffic stops or arrests in violation of your constitutional rights. If law enforcement officers violated your Fourth Amendment rights during the investigation or arrest process, any evidence obtained as a result may be deemed inadmissible in court. This defense strategy can weaken the prosecution's case and potentially lead to a reduction or dismissal of the charges against you.
By leveraging these common defenses and our experience against misdemeanor charges, you can increase your chances of a favorable outcome and protect your rights in the legal process.
Each defense strategy should be tailored to your specific charges and circumstances. Our attorneys are skilled negotiators who regularly work with prosecutors to reduce charges and penalties. We are also highly experienced in motion practice, seeking to get charges dismissed or keep out key evidence. If you are fighting your charges, we can represent you at trial.
Consult our LA misdemeanor defense lawyers now to discuss your potential defense strategy.
Call (213) 212-5002 for a Free Consultation
If you are looking to hire a misdemeanor defense attorney, we invite you to call (213) 212-5002 for a Free consultation.
Fighting The Prosecutor In Your LA Misdemeanor Case
Our Los Angeles, LA, misdemeanor defense lawyers will assist with the following when you retain our services. Our goal is to obtain the best case result - a dismissal of all charges:
- Case Evaluation and Strategy: Assess the details of your case, identify weaknesses in the prosecution’s evidence, and develop a tailored defense strategy to minimize penalties or seek dismissal.
- Evidence Analysis: Scrutinize police reports, witness statements, and other evidence to challenge inaccuracies or violations of your rights, such as improper arrests or searches.
- Negotiation with Prosecutors: Leverage relationships with district attorneys to negotiate plea deals, reduce charges (e.g., from aggravated to standard misdemeanor), or secure diversion programs to avoid a conviction.
- Court Representation: Represent you in court, presenting arguments, cross-examining witnesses, and ensuring your rights are protected throughout the legal process.
- Wobbler Defense: For offenses that can be charged as misdemeanors or felonies, argue for misdemeanor treatment based on case specifics and your criminal history.
- Diversion and Alternatives: Advocate for alternatives like community service, counseling, or probation instead of jail time, especially for first-time offenders.
- Record Protection: Work to prevent or minimize a criminal record by pursuing options like deferred entry of judgment or expungement after case resolution.
- Knowledge of Local Courts: Use familiarity with Los Angeles courts, judges, and prosecutors to manage the system effectively and anticipate likely outcomes.
- Mitigation of Penalties: Present mitigating factors, such as your character or circumstances, to reduce fines, jail time, or other consequences.
- Guidance on Collateral Consequences: We will provide advice on how a conviction might affect employment, housing, or licensing and take steps to mitigate these impacts.
What To Do After a Los Angeles Misdemeanor Arrest
Being arrested for a misdemeanor in Los Angeles can be overwhelming, but taking the proper steps immediately afterward can protect your rights and improve your case outcome.
Stay Silent
First, remain calm and exercise your right to remain silent. Avoid discussing the incident with police or others, as anything you say can be used against you. When police officers read your Miranda Rights, you should politely exercise them.
Calmly inform officers that you invoke your right to remain silent and do not answer any questions after that. Politely request an attorney and contact a Chudnovsky LA misdemeanor defense lawyer right away.
Contact Family or Friends
After arrest, you may be booked at a local police station, where your fingerprints, photo, and personal information are recorded. Depending on the offense, you might be released on your own recognizance, required to post bail, or held for a short period. Contact a trusted friend or family member to notify an attorney if necessary. Document any details you recall about the arrest, such as officer conduct or witnesses, as these may aid your defense.
Hire Chudnovsky Law Attorneys Immediately
After an arrest, always prioritize hiring an experienced criminal defense attorney at Chudnovsky Law who is familiar with Los Angeles courts. You should consult a defense lawyer even if charges have not been filed yet, as they are likely coming in the near future.
Our LA misdemeanor defense attorney will evaluate the circumstances of your arrest, any filed charges, review evidence, and advise on your options, whether it’s fighting the case, negotiating a plea, or pursuing diversion programs. Misdemeanors carry penalties of possible jail time, strict probation, costly fines, and more, so legal representation is critical to minimize the consequences.
Your Los Angeles defense attorney can also explain potential collateral impacts, such as effects on employment or housing, and work to prevent a lasting criminal record. Avoid posting about the arrest on social media, as prosecutors may use such content as evidence against you. Gather any relevant documents, like receipts or correspondence, that could support your case, and provide them to your lawyer promptly.
Prepare For Court Appearances
Prepare for your court dates by following your attorney’s guidance and attending all scheduled appearances. Missing a court date can result in a bench warrant and additional charges. In Los Angeles, misdemeanor cases are typically handled at courthouses like the Clara Shortridge Foltz Criminal Justice Center.
Your Los Angeles misdemeanor defense attorney may negotiate with prosecutors to reduce charges, secure probation, or enroll you in community service or counseling programs, especially for first-time offenders. If eligible, diversion programs can lead to case dismissal upon completion, and our lawyers will consider this option.
Contact Our Los Angeles Misdemeanor Defense Lawyers
Call Chudnovsky Law’s LA misdemeanor defense lawyers at (213) 212-5002. Do not delay calling a misdemeanor defense lawyer. The longer you wait, the more likely you are to say something that negatively impacts your case, so call us today.
Los Angeles
Address: 1933 S Broadway #1100,Los Angeles, CA 90007
Phone: (213) 212-5002
Fax: 844 325-1444