Understanding Criminal Charges in Orange County, California

Criminal charges in Orange County, California, can vary widely, but they generally fall into two main categories: misdemeanors and felonies.

The main differences between misdemeanors and felonies is: their severity, the potential penalties, and the long-term impacts.

• Misdemeanors are less serious, usually resulting in shorter jail terms and lower fines.
• Felonies are more serious and can lead to lengthy prison sentences, hefty fines, and significant long-term consequences on your criminal record

However, certain misdemeanors can be elevated to felonies under specific circumstances (e.g., repeat offenses, use of a weapon, or causing significant injury). Likewise, some felonies can be reduced to misdemeanors based on the case's specifics and plea bargains.

We’re always here to help. Therefore, if you find yourself in need of legal counsel, it’s always advisable to consult with the Johnson Criminal Law Group to help you figure out which crime you’re charged with, the potential penalties, and what your options are.

Petty theft involves stealing someone else’s property valued at $950 or less.

Examples include shoplifting a small item from a store, taking a bicycle from someone's yard, or pocketing something from a porch.

Penalties for petty theft: Up to six months in county jail, fines up to $1,000, probation, restitution to the victim, and community service.

Simple assault is trying to use force or violence against another person, even if you don’t actually make contact.

Examples of simple assault include swinging a fist at someone but missing or making a threat to hit someone without following through.

Penalties for simple assault: Up to six months in county jail, fines up to $1,000, probation, mandatory anger management classes, and community service.

Public intoxication means being under the influence of alcohol or drugs in a public place, unable to care for your safety or causing a disturbance. You can be arrested and charged for this crime if you’re found stumbling and incoherent on the sidewalk or causing a scene in a park while drunk.

Penalties for public intoxication: Up to six months in county jail, fines up to $1,000, probation, participation in substance abuse programs, and community service.

Traffic violations such as Reckless driving (Vehicle Code § 23103), driving without a valid license (Vehicle Code § 12500), and hit-and-run with property damage (Vehicle Code § 20002), are all misdemeanor crimes in California.

Penalties for misdemeanor traffic offenses in California: The penalties for these crimes vary depending on the violation. You could get a jail sentence of up to 3 months or a fine of up to $1,000 for reckless driving.

Driving without a license is a wobbler crime -it could be charged as an infraction or a misdemeanor. If charged as an infraction, the penalty is $250 fine. If it’s a misdemeanor, the penalty is 6 months jail time and $1,000 fine.

A hit and run crime in California is punishable by up to 6 months in jail, or a $1,000 fine, or both.

The court might also order probation, mandatory traffic school, and community service for any of these traffic offenses.

Felonies are the most serious types of crimes in California, carrying severe penalties including long prison sentences, hefty fines, and significant long-term consequences on an individual's criminal record. Here's a comprehensive look at various felony crimes in California, detailing what they entail, their penal codes, and the associated penalties.

The unlawful killing of another person with malice aforethought, meaning the crime was premeditated or intentional.

Premeditated killings, killings during the commission of certain felonies (felony murder), and unplanned but intentional murders.

Penalties for murder in California: 15 years to life in state prison, life without parole, or the death penalty in extreme cases. Additional penalties can include fines and restitution to the victims’ families.

California law defines attempted murder as an attempt to unlawfully kill another person with malice aforethought.

Examples include shooting at someone and missing, stabbing someone with the intent to kill but not causing death.

Penalties for attempted murder in California: 5, 7, or 9 years in state prison. If premeditated, the sentence can be life in prison with the possibility of parole.

California laws define robbery as taking personal property from someone’s possession or immediate presence, against their will, by means of force or fear.

Examples include armed robbery of a store, mugging someone on the street, or using a weapon to steal a car.

Penalties for robbery in California: 2 to 5 years in state prison for second-degree robbery, 3 to 9 years for first-degree robbery, along with fines and restitution to the victim.

Entering a building or locked vehicle with the intent to commit theft or any felony is classified as burglary in California.

You could be charged with burglary for breaking into a home to steal valuables, entering a commercial building to commit fraud, or breaking into a car to steal electronics.

Penalties for burglary in California: First-degree burglary (residential) carries 2 to 6 years in state prison; second-degree burglary (commercial) carries up to 3 years in county jail.

Assault refers to attacking or attempting to attack another person with a deadly weapon or instrument other than a firearm, or with force likely to produce great bodily injury.

You could be charged with assault for attacking someone with a knife, bat, or other weapon, or using significant force during an attack.

Penalties for assault in California: Up to 4 years in state prison, fines of up to $10,000, and probation.

The crime of arson involves willfully (purposely) and maliciously (intending to do it) setting fire to any structure, forest land, or property.

Examples of this crime include setting fire to a building, causing a wildfire, or burning personal property.

Penalties for arson in California: Penalties vary depending on the circumstances. Arson of a structure or forest land (3 years), arson of property (6 years), arson of an occupied structure (8 years), and arson that results in injury to people (9 years).

Kidnapping involves moving another person a substantial distance without their consent, using force or fear.

This crime is committed if you abduct someone to hold them for ransom, take a person hostage during a robbery, or move a person against their will for any criminal purpose.

Penalties for kidnapping in California: 3 to 8 years in state prison, 5 to 11 years if the victim is under 14, and potentially life in prison if aggravating factors are present, such as kidnapping for ransom.

Transporting, importing, selling, furnishing, administering, or giving away controlled substances.

Examples of this crime include smuggling drugs across state lines, selling large quantities of narcotics, or distributing drugs within a community.

Penalties for drug trafficking in California: 3 to 9 years in state prison, significant fines, and mandatory drug education programs. Penalties can increase significantly if large quantities of drugs are involved or if the trafficking occurs near schools.

Grand theft involves unlawfully taking property valued over $950. Grand theft is also committed when the produce (such as fruits, vegetables or nuts), or sea food in question is valued at $250 or above. Stealing an automobile or firearm is also considered grand theft.

Other elements of grand theft include grand theft by trick, grand theft by embezzlement, or grand theft by false pretense (or false representation). In either case, the value in question must be over $950 for the crime to be considered a felony.

Penalties for grand theft (grand larceny) in California: The degree of the theft, which is usually determined by the value of the items stolen, determines the penalty for grand theft crimes. As such, you could get a prison sentence of up to 3 years in state prison. Penalty enhancements apply where the property value is in thousands or millions of dollars, prolonging the prison sentence by up to 4 more years. Additionally, the court might order you to pay significant fines, probation, and restitution to victims.

Touching the intimate parts of another person against their will for the purpose of sexual arousal, gratification, or abuse is classified as sexual assault in California.

Examples of such behavior include fondling, groping, or any non-consensual sexual touching.

Penalties for sexual assault in California: 2, 3, or 4 years in state prison, mandatory registration as a sex offender, and fines.

Rape is non-consensual sexual intercourse through force, threats, or deceit.

Examples include sexual assault by a stranger, acquaintance rape where consent is not given, or using drugs to incapacitate the victim.

Penalties for rape in California: 3, 6, or 8 years in state prison, mandatory registration as a sex offender, significant fines, and potential civil suits by the victim.

California law defines child abuse as inflicting physical injury or cruel punishment on a child.

Examples include beating, burning, or otherwise physically harming a child.

Penalties for child abuse in California: 2 to 6 years in state prison, fines, and mandatory counseling or parenting classes. Severe or repeated abuse can result in

The crime of child molestation involves performing lewd or lascivious acts with a child under the age of 14.

Examples include any inappropriate touching or sexual activity with a minor.

Penalties for child molestation in California: 3, 6, or 8 years in state prison, mandatory registration as a sex offender, and significant fines. If force or violence is involved, the penalties can be even more severe.

The crime of domestic violence is committed when a person willfully inflicts corporal injury resulting in a traumatic condition on a spouse, cohabitant, or parent of their child.

Examples of that include physical assault causing injury to a partner, roommate, or child’s other parent.

Penalties for domestic violence in California: 2 to 4 years in state prison, fines, probation, and mandatory participation in a domestic violence treatment program. Prior convictions and the severity of the injury can result in harsher penalties.

Driving under the influence of alcohol or drugs with prior DUI convictions or causing injury to another person.

For instance, driving with a BAC over the legal limit, driving under the influence and causing an accident that injures someone, or having multiple DUI convictions.

Penalties for felony DUI in California: 16 months, 2, or 3 years in state prison, fines, license suspension or revocation, and mandatory DUI education programs. Penalties increase with prior convictions or if injuries are involved.

It is a crime in California to neglect, exploit financially, or inflict physical or emotional harm on an elderly or dependent adult.

This crime includes acts such as physically assaulting an elderly person, neglecting their basic needs, or stealing money from their bank accounts.

Penalties for elder abuse in California: 2 to 4 years in state prison, fines, and mandatory participation in counseling or education programs related to elder care. Severe or repeated abuse can result in harsher penalties.

We have covered a lot of criminal charges here, but only make up a fraction. The list of criminal charges in California is extensive and can be overwhelming to understand.

Therefore, if you or someone you know is in trouble with the law, contact our offices for further advice. We will assist you to understand the charges, develop a strong defense, and work towards the best possible outcome for you.