Arrested or Facing Charges in California? Here’s What You Need to Know

Arrested or Facing Charges in California? Here’s What You Need to Know

Introduction

If you’re reading this, there’s a good chance something really scary just happened. Maybe you were arrested. Maybe someone you love was. And now you’re trying to make sense of what’s next your heart racing, your stomach in knots, unsure who to trust or what to do.

You’re not alone. Thousands of Californians go through this every year. And while it might feel like your world just flipped upside down, there is a path forward.

This guide is here to help you understand what’s happening and how to take back some control. No confusing legal jargon, just clear, honest info for people in a tough spot.

Common Criminal Charges in California

Let’s start with the basics. Not all criminal charges are the same, and knowing what you’re up against can help you breathe a little easier.

Some of the most common charges people face in California include:

• DUI (Driving Under the Influence): This one’s incredibly common. A first-time DUI is usually a misdemeanor, but things get more serious fast if there’s an accident or repeat offenses.

• Drug Possession: Weed might be legal now, but other substances like cocaine, meth, or fentanyl, are still treated harshly.

• Assault and Battery: Sometimes a fight escalates, even if nobody gets seriously hurt. That can still lead to charges.

• Theft and Shoplifting: Taking something worth under $950 is considered petty theft. But if it’s over that, it could be charged as grand theft and possibly a felony.

• Domestic Violence: This is taken extremely seriously, and it doesn’t always require physical evidence. An argument that turns ugly can be enough to trigger charges.

Even if your charge isn’t listed here, don’t panic. Every case is different, and there are legal defenses for almost everything.

Misdemeanor vs. Felony: What It Means in California

In California, charges are broken down into three basic types: infractions, misdemeanors, and felonies.

• Misdemeanors are less serious, think lower-level offenses like simple assault, petty theft, or a first DUI. You’re usually looking at up to a year in county jail, plus fines.

• Felonies, on the other hand, are the big ones. These include crimes like burglary, aggravated assault, or certain drug offenses. They can land you in state prison for years.

• Then there are “wobblers” cases that could go either way, depending on your record, the details of what happened, and the DA’s discretion.

Judges in California also have some flexibility. Thanks to Realignment laws, some felony offenders serve time in county jail instead of state prison. That might not sound like much, but in this system, every advantage matters.

What Happens After an Arrest in California

Right after an arrest, things tend to move fast, but not always in a straight line. Here’s the typical process:

1. Booking: Police take your fingerprints, mugshot, and info. You might sit in a holding cell for a while.

2. Bail: In some cases, you’re released without paying. Other times, bail is set. You or a loved one may need to work with a bail bonds company to get you out.

3. Arraignment: This is your first court date. The charges are read, and you enter a plea.

4. Trial or Plea Deal: Many cases don’t go to trial. If there’s strong evidence, your lawyer might negotiate a deal.

5. Sentencing: If you're found guilty or take a plea, the judge decides what your punishment looks like jail, probation, fines, or maybe a court program.

It’s a lot. But you’re not powerless here. The right legal help can change everything.

Do You Really Need a Lawyer?

Yes you really do. A criminal charge, even a misdemeanor, can affect your job, housing, immigration status, and your future in general. This isn’t the time to take chances.

A good defense attorney can protect your rights, spot weaknesses in the case, and maybe even get charges reduced or dropped entirely. They can challenge illegal searches, bring in expert witnesses, and negotiate for you behind the scenes.

They also know tools like Pitchess motions, which let them request a police officer’s complaint history, helpful if excessive force or misconduct is part of your case.

Compare top-rated criminal defense lawyers in California and see who fits your situation. Many offer free consultations, so it won’t cost you anything to start.

Learn more about how Pitchess motions impact criminal defense strategies in California

Public Defenders in California: What You Should Know

If you can’t afford a private lawyer, the court will assign you a public defender. These lawyers work incredibly hard, and many are passionate about justice, but they’re often stretched thin.

Some public defenders have dozens of cases at once. That makes it tough for them to dig deep into the details of your case or fight for creative sentencing alternatives. If there’s any way you can hire private counsel, it can make a big difference.

What Penalties Could You Face?

Let’s talk outcomes. What might you be facing?

• Misdemeanor:
  – Up to 1 year in county jail
  – Fines up to $1,000
  – Probation, community service, or mandatory classes

• Felony (non-violent):
  – 16 months to 3 years in jail or prison
  – Higher fines
  – Possibly probation, depending on your record

• Felony (serious/violent):
  – 3 to 25 years or even life in prison
  – Enhanced penalties under California’s “Three Strikes” law

• First-time DUI:
  – Up to 6 months in jail
  – Thousands in fines and fees
  – License suspension, DUI classes, probation

• Petty Theft (under $950):
  – Up to 6 months in jail
  – Fines and restitution
  – Possible diversion program for first-time offenders

Keep in mind, these are max penalties. With the right strategy and legal help, your actual outcome could be far better.

Can You Get a Criminal Record Expunged in California?

Yes, in many cases, you can. And honestly, if you’re trying to move on with your life, expungement might be one of the most important steps you take.

Here’s the good news: if you’ve finished your sentence or completed probation and you’re not currently facing any new charges, you might be eligible to have your conviction dismissed under California law.

It’s called an expungement, and while it doesn’t completely wipe your record clean, it changes how the charge appears on background checks. Instead of showing a conviction, it will show as “dismissed.”

That might not sound like much, but it can make a huge difference when you’re applying for a job, trying to rent an apartment, or just wanting to leave the past behind.

The process isn’t instant, and yes, there’s some paperwork involved. But the state offers resources to help you do it yourself, and many people don’t even need a lawyer to get started.

First-Time Offenders: Is There Leniency in California?

Absolutely, especially if your charge is non-violent. California courts recognize that people make mistakes. If it’s your first run-in with the law, you may have access to:

• Diversion programs (often for drug or mental health cases)

• Deferred entry of judgment (you plead guilty but the case is dropped after completing terms)

• Probation instead of jail

If you’re willing to show effort and follow the court’s terms, this could be a second chance.

How Much Does a Criminal Lawyer Cost in California?

Legal costs can vary a lot, depending on the case and the lawyer’s experience. Here’s a rough idea:

• Misdemeanor: $1,500 to $5,000

• Felony: $5,000 to $15,000+

• Trial cases: $20,000 and up

Some lawyers offer free consultations, and many have payment plans, especially for families who are in a tough spot financially. Don’t let money stop you from getting the help you need.

Get Help Right Now
Time matters. The sooner you speak with a defense lawyer, the more options you may have especially before court deadlines kick in.

Get your free case review from a California criminal lawyer today and connect with someone who knows how to fight for you. No pressure. Just answers.

You can also reach out to the State Bar‑certified Lawyer Referral Service to find a vetted attorney in your area.

People Also Ask (FAQ)

What happens at your first court date after arrest in California?
You’ll be formally charged and asked to enter a plea: guilty, not guilty, or no contest. The judge might also address bail and whether you’ll be released.

Can a felony be reduced to a misdemeanor in California?
Yes, many felonies, especially "wobbler" offenses can be reduced through negotiation or after probation. This can have a big impact on your record.

Do misdemeanors stay on your record forever in California?
They can, but many are eligible for expungement once you complete your sentence or probation. That means they won’t show up on most background checks.

What if I didn’t do it? Can I still be charged?
Unfortunately, yes. But a strong defense attorney can gather evidence, cross-examine witnesses, and prove your side. Innocent people do get cleared - don’t give up.

Explore More from Lawyer Monthly

If you’re helping someone in another state, or want to compare how laws differ, check out this companion article:

• Texas Criminal Charges Guide: What You Need to Know 
• A Close Look at Expungement: What It Really Does and Doesn’t Do