Can You Go to Jail for a Misdemeanor in California?

May 13, 2025

Understanding Misdemeanors in California

If you’ve been charged with a misdemeanor in California, one of the first questions you may have is whether you could go to jail. The short answer is yes—misdemeanors in California can carry jail time. However, the specifics depend on the nature of the offense, your criminal history, and other surrounding circumstances.



At David Grow Attorney, we assist Sacramento residents in navigating the criminal justice system, ensuring your rights are protected every step of the way.


What Is a Misdemeanor?


In California, a misdemeanor is considered a less serious offense than a felony but more serious than an infraction. Common misdemeanor charges include:


  • DUI (first offense)
  • Petty theft
  • Public intoxication
  • Vandalism
  • Simple assault or battery
  • Disorderly conduct


While these charges may not seem severe, a conviction can still result in significant penalties.


Jail Time for a Misdemeanor


Most misdemeanors in California are punishable by up to one year in county jail. Some “standard” misdemeanors have maximum sentences of six months, while more serious “gross” or “aggravated” misdemeanors can lead to up to 364 days in jail.

The actual sentence depends on:


  • The specific offense
  • Prior convictions
  • Whether anyone was harmed
  • Whether probation is an option


In many cases, judges will offer alternatives to jail, such as probation, community service, or diversion programs—especially for first-time offenders.


How a Criminal Defense Attorney Can Help


A misdemeanor may not carry the same weight as a felony, but it can still impact your life, your record, and your freedom. At David Grow Attorney, we help Sacramento clients:


  • Challenge the charges or seek a dismissal
  • Negotiate for reduced charges or probation
  • Explore alternatives to incarceration
  • Prepare a strong defense for trial if necessary


Having knowledgeable legal guidance can make a significant difference in the outcome of your case.


Contact Us Today


If you or someone you care about has been charged with a misdemeanor in Sacramento, don’t wait. Even a “minor” charge can result in jail time, fines, and a criminal record. Reach out to David Grow Attorney to discuss your options and defend your rights.

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