When Possible, Try to Negotiate for an Infraction
Although an infraction is technically a crime under California law, a conviction only subjects you to minor penalties. When convicted of a California infraction, you face no jail time, no probation, and a maximum $250 fine.
The most common examples of infractions are moving violations…speeding, unsafe lane change, failure to yield, etc…the everyday offenses that cops issue tickets for on a regular basis. However, there are some infractions that are more serious. These offenses can be charged as misdemeanors or as infractions, and include crimes such as disturbing the peace and trespassing. But even with these more serious infractions, the penalties remain the same…a maximum $250 fine…period.
This is why whenever possible, you should try to negotiate for an infraction rather than a misdemeanor offense. Even if you negotiate for one or more infractions that are unrelated to your charged misdemeanor, you will be doing yourself a HUGE favor…avoiding probation, incarceration, and much more substantial fines.
If there were flaws in the criminal investigation, insufficient evidence to support the charge, mitigating circumstances, or if perhaps this was your first criminal offense, it is definitely worth a shot to try to have the charge reduced to an infraction.
