In California, the difference between misdemeanor and infraction lies in the severity of the offense and the potential penalties. A misdemeanor is a criminal offense that can carry jail time, probation, and fines. An infraction, by contrast, is a minor violation that is not considered a crime and cannot result in jail. Both can result in fines, but misdemeanor court proceedings are more formal and complex than those for infractions, which are typically handled through a citation and do not require a court appearance unless you contest it.
What’s the Difference Between a Misdemeanor and an Infraction in California?
Understanding how California classifies legal violations is essential, especially when dealing with traffic citations or allegations of more serious misconduct. The state divides lower-level offenses into two main categories: infractions and misdemeanors. Although both can result in fines, they differ significantly in severity, legal consequences, and how they affect your driving record and criminal record.
What Is an Infraction?
An infraction is the lowest-level violation under California law. It is not a criminal offense and carries no possibility of jail time. Instead, infractions are punishable by fines, potential DMV points, and in some cases traffic school.
Common Examples of Infractions:
- Speeding
- Running a red light or violating pedestrian crosswalk signals
- Illegal U-turn or illegal left turn
- Tailgating
- Driving without insurance
- Failure to wear a seat belt
- Parking violations
- Driving with broken taillights
- Negligent driving (non-criminal)
- Driving without a valid license (if charged as an infraction)
Penalties for Infractions
- Fines typically up to $500, though added state/county fees can increase total costs.
- One DMV point may be added for many moving violations.
- One point can lead to increased insurance premiums.
Traffic school may be allowed to prevent the point from affecting your driving record, depending on eligibility.
Fix-It Tickets (Correctable Violations)
Some infractions involve equipment or documentation issues—such as expired registration, broken headlights, or missing proof of insurance. These are called Fix-It tickets.
- If you correct the issue within the required time and provide proof, the citation is usually reduced or dismissed.
- Fix-It tickets generally do not affect insurance unless ignored.
How Infractions Affect Your Driving Record
The DMV assigns points for many moving infractions. Too many points can result in a suspension under California’s negligent operator system:
- 4 points in 12 months
- 6 points in 24 months
- 8 points in 36 months
Most traffic points stay on your DMV record for three years.
A traffic collision will also appear on your record if it involves $1,000 or more in property damage or you are found at fault.
What Is a Misdemeanor?
A misdemeanor is a criminal offense—more serious than an infraction but less serious than a felony. Misdemeanors can result in jail time, probation, fines, and a permanent criminal record.
Common Examples of Misdemeanors:
- Shoplifting
- Drug possession (certain cases)
- Reckless driving
- Driving without a license (if charged criminally)
- DUI (first offense is typically a misdemeanor)
Penalties for Misdemeanors
- Up to one year in county jail
- Probation
- Criminal fines
- Possible driver’s license consequences for traffic-related misdemeanors
- A permanent criminal record unless expunged
The Misdemeanor Court Process
Unlike infractions—which can often be resolved by simply paying a ticket—misdemeanors involve formal criminal proceedings:
- Arrest – Law enforcement may take you into custody.
- Arraignment – Charges are presented; the defendant enters a plea.
- Bail Hearing – The court determines whether bail is required.
- Pretrial and Trial – Both sides present evidence; the judge or jury determines guilt.
- Sentencing – Penalties are imposed.
- Appeal – A defendant may challenge the conviction or sentence.
Because misdemeanors involve potential jail time and long-term consequences, legal representation is strongly recommended.
What Is a Felony? (Brief Comparison)
For context, California also recognizes felonies, which are more serious than both infractions and misdemeanors.
- Felonies can result in more than one year in prison and long-term consequences such as loss of voting rights or challenges finding employment.
- Examples include robbery, murder, and certain aggravated DUI offenses.
Need Help After an Accident Involving an Infraction or Misdemeanor?
If you were injured in an accident and the at-fault driver received an infraction or was charged with a misdemeanor, an attorney can help you understand how those violations affect your right to pursue full compensation. A skilled lawyer can review the police report, explain the legal consequences the other driver may face, and guide you through every step of the claims process to protect your interests—especially when your health and financial recovery are at stake.Megeredchian Law is here to fight for you. Call (866) 359-0807 for a free, no-obligation consultation and speak directly with an experienced attorney today.