Criminal Defense Law Firm in San Jose FAQs

What is an infraction?  How does it differ from a misdemeanor or a felony?

An infraction is a crime that is not punishable by imprisonment.   Examples of infractions in California are traffic violation such as exceeding the posted speed limit, etc.  Typically, most infractions are punished with a fine only, however, you may also be punished by removal and/or disqualification from public office.

In California, a misdemeanor is a crime punishable by imprisonment in a county or city jail or detention facility for six months or less, and/or a fine not exceeding one thousand dollars.   But there are exceptions, for example: a misdemeanor violation of Battery on a Peace Officer is punishable by imprisonment in a county jail for up to one year and/or a $2000 fine.

A felony is a more serious crime that can be punished by death or imprisonment in a state prison.  However, a person convicted of a felony can be granted probation instead of a prison sentence.   If a person is granted probation, the court can impose many conditions on a grant of probation, including up to one year in county jail, monetary fines up to the maximum allowed by state law, and restitution to the victim for actual losses.

An experienced San Jose criminal defense attorney, like Attorney Daniel Jensen (a former police officer), knows the nuances and exceptions in the California Penal Code.  He can guide you to the best defenses and strategy applicable to your situation even before you are actually charged with or arrested for a crime.