In California, a misdemeanor is a criminal offense that is more serious than an infraction but less severe than a felony. While many people assume a misdemeanor won’t lead to jail time, the truth is more complex. Yes, you can go to jail for a misdemeanor, depending on the nature of the offense and your criminal history.



Jail Time for Misdemeanors

Under California law, a standard misdemeanor can carry a sentence of up to 6 months in county jail and/or a fine of up to $1,000. However, certain misdemeanors—known as aggravated misdemeanors or gross misdemeanors—can lead to up to 1 year in county jail. Common examples include:

• DUI without injury
• Domestic battery
• Petty theft with prior convictions
• Driving on a suspended license

Even first-time offenders may face incarceration, especially if the crime involves violence, property damage, or risk to public safety.

Alternatives to Jail

In many cases, judges have discretion to offer alternatives to jail time, such as:

• Probation
• Community service
• Fines and restitution
• Diversion programs for first-time offenders

An experienced attorney can advocate for these alternatives and help you avoid incarceration altogether.

How WilsonWongLaw, PC Can Help

At WilsonWongLaw, PC, we provide legal assistance to people throughout California facing misdemeanor charges. We work to understand your circumstances and develop a strategy to minimize penalties, seek alternatives to jail, or have charges dismissed when possible.

Being charged with a misdemeanor can feel overwhelming—but you don’t have to face it alone. Contact us today to discuss your options and protect your rights.

Shorter Version of the Blog

Can You Go to Jail for a Misdemeanor in California?

Yes, jail is a real possibility. In California, misdemeanors can lead to up to 6 months in county jail, or up to 1 year for more serious offenses like DUI or domestic battery. However, courts often offer alternatives like probation or diversion programs.

At WilsonWongLaw, PC, we help clients across California avoid jail and minimize consequences. If you’re facing a misdemeanor charge, we’re here to provide legal guidance and protect your rights.