Attorney Jennifer Monroe has over 15 years experience working on cases involving infraction offenses.
What is an Infraction in California
An infraction is a crime or conduct that violates the California Penal Code, Vehicle Code, Business and Professions Code, or local Municipal Code.
What is the Punishment for an Infraction
Most infractions are punishable by up to a $250 fine that could cost almost a $1,000 after mandatory penalty assessments and fees. Some infractions also carry points on your driving record and driver license suspensions.
How to get your felony or misdemeanor reduced to an infraction
An experienced criminal defense attorney can attack the evidence against you and present mitigating evidence in your favor in order to get your case reduced to the lowest type of offense – an infraction. This is accomplished by negotiating a plea bargain with the prosecutor for an infraction.
For example criminal defense attorney Jennifer Monroe has been successful negotiating Penal code 415, Disturbing the Peace, infractions for cases involving assault with a deadly weapon and theft offenses, as well as traffic infractions/moving violations for cases involving DUI’s.
California Common Infractions
Penal Code 415 pc, 484 pc, 485 pc, 490.1 pc, 853.7 pc, 602 pc, 555 pc
California Vehicle Code 12500 vc, 40508 vc, 14601 vc, 23109 vc
Most traffic moving violations are infractions. For example, if you were stopped for speeding or running a red light you received a ticket for an infraction. However, if you have multiple violations in twelve months the prosecutor could file a misdemeanor against you.
Misdemeanors that can be reduced to Infractions
The following crimes are misdemeanors but may be reduced to an infraction by the judge or prosecutor:
- Disturbing the peace in violation of California Penal Code 415 pc,
- Petty theft under $50 in violation of California Penal Code 484 pc and 490.1 pc,
- Failure to return lost property in violation of California Penal Code 485 pc,
- Failing to appear in court in violation of California Penal Code 853.7 pc,
- Some forms of trespass in violation of California Penal Code 602 pc and 555 pc, and exhibition of speed, driving without a license, and driving on a suspended license.
- Driving without a driver’s license in violation of California Vehicle Code 12500 vc,
- Failing to appear on a traffic citation in violation of California Vehicle Code 40508 vc,
- Driving with a suspended driver’s license privilege in violation of California Vehicle Code 14601 vc, and
- Reckless driving in violation of California Vehicle Code 23109 vc
What is the difference between a felony, misdemeanor, and infraction in California?
Infractions are the lowest level of crime in California and carry the lowest punishment.
Level of Crime (in order of severity)*
Type of Punishment
Felonies – County Jail or State Prison
Misdemeanors – County Jail and or Fines
Infractions – Fine
How to Defend an Infraction
You may be eligible for a dismissal, diversion, probation, or community service instead of large fines. Jennifer Monroe will meet with you to review your case and your background. She will also:
- Fight to protect your rights.
- Research the defenses that apply to your case.
- Initiate investigation to prove you are innocent.
- Review the facts with you to determine if a lesser charge is appropriate.
- Present mitigating factors about you and your case to the judge and prosecutor.
- Negotiate the best possible result for your case.
See Results for examples of how Jennifer Monroe has helped defend her clients.
Los Angeles and Ventura County Assault and Battery Defense Attorney
Call Jennifer Monroe directly at (805) 501-1880 for immediate assistance with your assault and battery case.