29 Dec 25
California law divides offenses into three main categories. They include infractions, misdemeanors, and felonies. Felonies are the most serious offenses, involving severe violations. However, most people are confused about the differences between infractions and misdemeanors. These offenses arise from everyday behavior. They can include traffic violations, disturbing the peace, or driving without a license. However, the law treats infractions and misdemeanors differently.
Infractions are minor violations, whereas misdemeanors are criminal offenses that carry more severe consequences. In addition to severity, there is a distinction in your rights, the penalties you face, your record, and your future opportunities. A misdemeanor conviction can impact jobs, housing, and professional licenses. An infraction, on the other hand, is resolved quickly and rarely affects your life beyond paying a fine.
Understanding the differences between these offenses helps you know what to expect when you face a citation or a charge. If you face charges for an infraction or misdemeanor, you will need the guidance of a reliable attorney.
The following are the differences between a misdemeanor and an infraction:
Difference in Severity of the Offense
One of the most important differences between an infraction and a misdemeanor in California is the seriousness of the offense. An infraction is a minor violation of the law. It is the lowest level of offense in the California legal system. The state treats infractions as minor breaches of rules, rather than crimes. Most infractions happen when someone breaks a traffic or city regulation.
Common examples of infractions include:
- Speeding
- Running a stop sign
- Jaywalking
- Failing to wear a seatbelt
Infractions do not involve harm or intent to harm others. Instead, they result from carelessness or simple mistakes. For this reason, the court and law enforcement are not harsh on infractions.
A misdemeanor, on the other hand, is a criminal act. It is more serious than an infraction but less severe than a felony. Misdemeanors involve some level of wrongdoing that affects people or property. Crimes that count as misdemeanors under California law include:
- Petty theft. This offense involves unlawfully taking someone else’s property of low value.
- Simple battery. This offense involves intentionally touching or striking another person in a harmful or offensive way.
- Vandalism. This offense involves willfully damaging, defacing, or destroying someone else’s property.
- Driving under the influence. DUI involves operating a vehicle while impaired by alcohol or drugs.
Unlike infractions, misdemeanors are actual crimes. They reflect intent or negligence that the law finds unacceptable. The law takes misdemeanors seriously because they can cause harm to others or disrupt public peace. The difference in severity separates infractions and misdemeanors. These differences can impact other aspects of the cases.
Differences in the Arrest and Booking Process
The process of arrest and booking differentiates misdemeanors and infractions in California. For an infraction, a police officer will not arrest you. Instead, they will issue a citation or a ticket. The citation includes details about:
- The offense
- The fine you need to pay
- The date to appear in court
There is no handcuffing, fingerprinting, or formal booking process. This means you can proceed with your day immediately after receiving the citation.
In contrast, a misdemeanor can result in arrest and booking. When officers believe you have committed a misdemeanor, they may take you into custody. You will be transported to a local jail for booking.
After booking, the court will hold an arraignment, followed by a bail hearing. At this hearing, the judge can decide whether you are eligible for a bail release. Additionally, they will set your bail while considering several key factors of your case. In many misdemeanor cases, you can be released on your recognizance (O.R.).
But if the charge is serious or you have a record, the court may require bail. Bail is a set amount of money you must pay to secure a release while awaiting trial. You can post bail in cash, using property, or with the help of a security company.
The bail process can delay your release, which makes you spend unnecessary time behind bars. Bail is not punishment for your crimes. Therefore, you can recover the money or property when you appear in all court proceedings and the case ends.
Difference in the Possibility of Jail Time
Another significant difference between an infraction and a misdemeanor is the potential for jail time. For an infraction, there is no possibility of facing jail time. Law enforcement officers cannot arrest you for committing an infraction. The law treats it as a non-criminal offense.
The punishment for an infraction is often a fine or other administrative penalty. For example, a speeding ticket or a citation for not wearing a helmet may result in a fine instead of incarceration. Sometimes, officers let you off with a warning.
If you fail to pay the fine, you could face jail time. However, the incarceration will be for violating a court order and not the underlying infraction. You may also face repercussions, such as having your license suspended. With a misdemeanor, there is always a high likelihood that you will spend time behind bars. Misdemeanors are criminal acts that can lead to incarceration in a county jail. The specific statute you violated and your criminal history.
Most misdemeanors carry a penalty of up to six months in jail. However, some are aggravated and result in a sentence of up to one year in county jail. For example, driving under the influence can result in up to six months in jail for a first offense. You could spend up to a year behind bars if you have been convicted of the crime. Sometimes judges replace jail with probation, community service, or fines. However, you must not be a repeat offender.
This difference in punishment highlights how the law distinguishes between minor offenses and serious crimes. Infractions are quick and straightforward civil matters. Misdemeanors, on the other hand, are treated as criminal cases, which puts your freedom at stake.
The Right to a Jury Trial
The right to a jury trial can distinguish between a misdemeanor and an infraction. If you face a misdemeanor charge, you are entitled to a jury trial. This means a group of ordinary citizens can hear your case and decide whether you are guilty. A jury ensures that a single judge does not decide your case.
Misdemeanors are crimes that can result in jail time or probation. Because your freedom is at risk, the law guarantees you the right to a jury. With a jury trial, both sides can present witnesses. Also, the court allows you to cross-examine the witnesses brought by the prosecution.
The jury will evaluate the facts of the case and deliver a verdict. You are entitled to appeal if the verdict seems unfair. When you submit your appeal, the appellate court can determine whether you deserve another hearing. Although the jury trial can take time, it protects your legal rights.
In contrast, infractions do not give you the right to a jury trial. A judge will handle your case at a bench trial. In California, a bench trial means that the judge will solely decide on your case. The judge will consider the evidence before rendering a decision. Since infractions cannot lead to jail time, the law does not require a jury.
The goal of a bench trial is to handle the infractions quickly to avoid waiting for the court’s time. Because of this difference, misdemeanors involve a more formal court process. When you choose to fight an infraction in court, it means that you will have to confront the judge alone. Fighting a misdemeanor may involve months of hearings, motions, and possibly a jury.
Difference in the Right to Legal Representation
All defendants in California have a right to legal representation. During your arrest, the officers will notify you of this right by reading the Miranda warning. However, this right is interpreted differently for misdemeanors and infractions. For a misdemeanor, you are entitled to legal representation. If you cannot afford a private attorney, the court must provide one at no cost. Often, the court will assign a public defender.
Your freedom is at stake, which is why you have the right to an attorney. A misdemeanor conviction can have severe legal and collateral consequences for a defendant. Therefore, expert legal insight is key. When you face misdemeanor charges in California, your attorney will perform the following roles:
- Guide you through interrogations. After an arrest, you have a right to remain silent until you obtain legal representation. Your attorney will guide you in the right way to answer questions and avoid self-incrimination.
- Gather evidence. Misdemeanor charges are not mere violations like infractions. Therefore, your attorney will help you gather evidence to fight the allegations.
- Representation in court. Your private attorney or public defender can represent your interests in court. They present evidence before the jury and protect your constitutional rights.
In infraction cases, you can hire an attorney. However, the court is not obligated to provide one if you cannot afford a private attorney. Since an infraction cannot result in incarceration, the state is not obligated to provide free legal counsel. Many people choose to represent themselves or pay the fines without contesting the case.
Defendants facing infractions might skip court to avoid the hassle. However, defendants battling misdemeanor charges will need legal help to navigate the system. The involvement of attorneys makes misdemeanor proceedings longer and more complex.
The Difference in the Criminal Record and Its Impact
Misdemeanors and infractions differ in impact on your criminal record. An infraction does not create a criminal record since Clainifa law does not consider it a crime. Instead, it appears only on your driving record or in court administrative files. When you pay the fine or follow court instructions, the court closes the case. This means that there is no lasting mark that follows you.
After an infraction, you can move forward without fear of being labeled a criminal. For example, if you receive a traffic ticket or a citation for a noise violation, you will pay the fine and move on with your life.
A misdemeanor conviction, on the other hand, creates a permanent record. In California, criminal convictions are considered public records. It means that any person who performs a background check may obtain it and use it against you. Long-term consequences of a misdemeanor conviction may include:
- Difficulty finding employment. Employers in California often perform background checks on potential employees. If the employer finds a criminal conviction on your record, they can use it to deny you a job. Sometimes, facing a conviction can result in the loss of your current job.
- Immigration consequences. If you are an immigrant, some misdemeanor convictions can impact your immigration status. Such actions can result in denial of permanent residency or other benefits.
- Loss of professional license. If you work in a profession that requires a practice license, your licensing board will monitor your conduct closely. After a conviction, you must report the incident to the board. The outcome can trigger an investigation and potentially lead to disciplinary action against your license.
Employers and agencies often view a misdemeanor as a sign of poor judgment and discretion. Therefore, if you have such a record, you must file for an expungement to mitigate the impact of the conviction. The difference in lasting consequences can affect how you address your arrest and misdemeanor charges. You must hire a skilled criminal lawyer to help you fight the charges and avoid a conviction.
Difference in Fines and Penalties
Infractions and misdemeanors also differ significantly in terms of financial and legal penalties. The law treats them as separate categories. Being found liable for an infraction will result in fines and court costs. The penalties range from $35 to $250. Most traffic tickets cost under $200 before additional fees are applied.
Your infraction case ends when you pay the fines and court costs. The court will rarely impose probation or other long-term obligations. When imposing penalties for an infraction, the court aims to correct wrong behaviors rather than punish harshly. Misdemeanors, however, attract heavier penalties. These offenses carry both financial and non-financial consequences. These include:
- Fines of up to $1000
- Victim restitution in cases involving loss of property or injury to other people
- Mandatory counseling
- Probation
In California, probation is an alternative to incarceration. It allows you to spend a portion of or your entire sentence outside of jail. However, not all defendants are eligible for probation; you must negotiate for this sentence with the prosecution. Even when you avoid jail time, the court can sentence you to probation.
In California, misdemeanor probation lasts for one to three years. Although probation keeps you out of jail, the court will impose strict conditions that you must follow. They include:
- Regular check-ins with the court
- Counselling
- Community service
- Random drug testing
Being on probation can keep you tied to the justice system. These extra requirements make misdemeanors financially and personally burdensome. If you violate the terms of probation, you can face additional charges and penalties.
Differences in Expungement and Record Clearing Procedures
Criminal convictions in California have lasting consequences. However, you can ease these disabilities through different forms of post-conviction relief. The process of clearing an offense from your record depends on whether it is an infraction or a misdemeanor. This difference can affect how quickly you can move on from a past mistake.
Infractions are the easiest to remove. They are not criminal convictions, so the law treats them lightly. After paying all your fines and completing any court instructions, you can petition for dismissal. Under California Penal Code section 1203.4a, you are entitled to request that the court clear your infraction record.
In most cases, the court grants the request automatically if you meet all requirements. Furthermore, you will not need a hearing. After dismissal, you can legally state that you were not convicted of a crime. Misdemeanors, on the other hand, are criminal offenses. Therefore, you may need to petition for expungement of the record. An expungement is a common way to remove your conviction from the public record. Before applying for expungement, you must:
- Complete probation or serve any jail sentence.
- Pay all fines, fees, and restitution.
- Show good conduct after conviction.
- Show evidence of rehabilitation.
The judge will review your record and the evidence you present with your petition. After the review, they will decide whether you serve an expungement. If the judge approves the expungement, the court will dismiss your conviction. An expungement does not completely erase your record.
Therefore, the licensing boards may still see the record and use it to impose disciplinary action on your license. Additionally, immigration authorities may still consider the offense a basis for immigration action. Expungement for a misdemeanor requires time, compliance, and proof that you have made a positive change.
Find a Seasoned Criminal Defense Attorney Near Me
Infractions and misdemeanors often seem similar to many people. However, they are different under California law. The differences lie in how the system treats you and your rights. The court handles infractions promptly and without a jury trial. Furthermore, they carry minimal consequences, which could include a fine and a warning. Misdemeanors, on the other hand, are criminal offenses that can affect your freedom and future.
After a misdemeanor conviction, you will have a permanent record that can affect your personal and professional lives. Understanding these differences can help you determine how to handle the matter yourself. The difference between an infraction and a misdemeanor can mean the difference between a minor inconvenience and a lasting criminal record.
If you or a loved one faces charges for a misdemeanor or receives a citation for an infraction, you will benefit from our expert legal insight at Leah Legal. Contact us today at 818-484-1100 from Van Nuys, CA, for the guidance you need.
