Can I Reduce My Misdemeanor to an Infraction? If so, How?
Brief Synopsis: This article lays out which offenses can be charged as either a misdemeanor or infraction and briefly outlines the advantages and disadvantages of seeking reduction of the misdemeanor to an infraction either before or after a conviction.
- Fighting in public or disturbing the peace (Penal Code § 415);
- Petty theft of property valued at $50 or less (Penal Code § 490.1);
- Trespass (Penal Code §§ 555 and 602(n));
- Failure to appear (FTA) (Penal Code § 853.7 or § 40508);
- Driving without a license (Vehicle Code § 12500);
- Engaging in an exhibition of speed (Vehicle Code § 23109(c));
- Driving on a suspended license or revoked for certain reasons (Vehicle Code § 14601.1); and
- Underage drinking (Business & Professions Code §§ 25658(b), 25658.5, 25661 and 25662);
- Gambling offenses described in Penal Code § 330;
- Appropriation of lost property in violation of Penal Code § 485;
- Performing body-piercing on a minor (Penal Code § 652);
- Manufacturing, producing or distributing counterfeit sports trading cards (Business & Professions Code § 21672);
- Attempting to record an unrecordable document (Government Code § 27204);
- Selling a substandard vehicle exhaust system (Vehicle Code § 27150.1);
- Failure to comply with a court order to attend traffic school (Vehicle Code § 42005); and
- Relinquishing a motor vehicle to a minor under the circumstances listed in Penal Code § 193.8.
For more information about reducing charges to a lower level, please click on the following articles: