Reducing Misdemeanors to Infractions in Los Angeles

California allows certain non-violent misdemeanors to be reclassified as infractions under Penal Code §17(d). This process, often referred to as reducing misdemeanors to infractions in Los Angeles, means the offense is treated like a ticket rather than a criminal charge that can lead to jail time. Infractions carry lower maximum fines, no jail exposure, and far fewer long-term consequences, making them an essential form of relief for individuals who made a mistake but do not deserve a permanent criminal record.

Navigating the Los Angeles criminal process requires not just legal knowledge but strategic insight into local courts and procedures. Having an experienced defense team can make the difference between a quick resolution and a drawn-out legal battle.

Reducing misdemeanors to infractions in Los Angeles can dramatically improve a defendant’s long-term outlook by minimizing the legal and personal fallout of a conviction. This relief is especially valuable for first-time offenders looking to protect jobs, licenses, and immigration status.

• Lower financial penalties: no criminal court fees, probation costs, or victim restitution orders
• No possibility of incarceration: judges may impose fines or community service, but cannot order jail time
• Faster resolution: infractions are handled on a streamlined calendar without drawn-out hearings
• Reduced stigma: background checks show an infraction as a minor violation rather than a criminal conviction
• Better employment prospects: many private employers and public agencies disregard infractions during hiring
• Preservation of professional licenses: boards for nurses, teachers, real estate agents, and others focus on misdemeanors and felonies
• Immigration safety: in most instances, an infraction is not considered a “conviction” for federal immigration purposes
• Eligibility for record sealing: infractions can often be sealed or dismissed more quickly than misdemeanors

• Disturbing the peace (Penal Code §415)
• Trespassing or loitering (Penal Code §§555, 602)
• Illegal gambling (Penal Code §330)
• Misappropriation of lost property (Penal Code §485)
• Relinquishing a vehicle to a minor (Penal Code §193.8)
• Petty theft of very low-value property, especially first-time shoplifting under Penal Code §490.1

Certain municipal code violations are prosecuted as misdemeanors, including unlicensed street vending and noise offenses. Reducing misdemeanors to infractions in Los Angeles depends on various factors, and not every charge on this list will qualify for automatic reduction. The judge must weigh the circumstances of the offense, the harm caused, and the defendant’s background before granting a reduction.

• People charged with a misdemeanor that is specifically listed in Penal Code §19.8 or another statute as convertible to an infraction.
• Defendants with limited or no criminal history who are unlikely to reoffend
• Clients can make full restitution to any victim if restitution is owed
• Individuals who complete diversion, community service, or counseling as part of a negotiated disposition
• Non-citizens seeking to avoid the immigration risks that accompany misdemeanor convictions
• Students, military personnel, licensed professionals, and others whose careers depend on keeping a clean criminal record

Judges evaluating requests for reducing misdemeanors to infractions in Los Angeles carefully weigh these factors before making a decision. A well-prepared petition that highlights rehabilitation, accountability, and community benefit can significantly improve the chances of success.

• The nature of the offense: was it non-violent, isolated, and low-loss?
• Defendant’s conduct: Did the defendant cooperate with police and accept responsibility?
• Prior record: how old and how serious are any previous convictions?
• Compliance with pretrial conditions: did the defendant complete classes, submit to drug testing, or perform community service?
• Restitution: Have all financial losses been repaid to any victim?
• Community benefit: Will society be better served by an infraction rather than a misdemeanor conviction?

• Early assessment: A knowledgeable defense attorney analyzes the complaint and police reports to determine whether the charge qualifies under Penal Code §17(d).
• Negotiation with prosecutors: Many reductions are achieved through pre-plea bargaining. Persuasive mitigation packets, complete with letters of support, proof of employment, and rehabilitation records, help convince the city or district attorney to agree.
• Motion practice: If prosecutors object, the defense may file a formal motion requesting that the judge reclassify the offense at sentencing. Timing matters: the request must be made before the judgment is final.
• Court hearing: The judge reviews written briefs and hears oral argument regarding statutory eligibility and the discretionary factors outlined above.
• Entry of infraction judgment: Once granted, the misdemeanor complaint is amended to an infraction count. The court imposes a fine (typically up to $250) or community service, then closes the case.

Immigration law treats infractions differently because they do not carry the possibility of jail or the constitutional protections afforded to “crimes.” Reducing misdemeanors to infractions provides non-citizens with a vital layer of protection, as infractions are typically not deemed deportable offenses or crimes involving moral turpitude.

Landlords, universities, and credentialing boards often draw a sharp line between criminal convictions and minor violations. When a background check returns only an infraction, many decision-makers either disregard it or see it as evidence of limited severity, protecting your ability to rent an apartment, secure student loans, or maintain a professional license.

California’s new automatic relief provisions under Penal Code §1203.425 and related statutes allow many infractions to be sealed from public view as soon as the fine is paid and any other court-ordered obligations are satisfied. Even when automatic sealing does not apply, a manual petition can usually be filed within one year of entry of judgment, far sooner than the typical three-year waiting period for misdemeanors.

• Failing to hire counsel before arraignment often results in the loss of key leverage once a guilty or no-contest plea is entered as a misdemeanor.
• Ignoring restitution, judges tend to look unfavorably on defendants who have not made their victims whole.
• Missing court dates and bench warrants undermine arguments that the client is low-risk and responsible.
• Posting about the case on social media, prosecutors may use online statements to oppose a reduction.
• Accepting informal offers without clear terms or verbal agreements not written into the order can derail the reduction later.

• Former senior Los Angeles prosecutors who know precisely how charging deputies decide whether to oppose a reduction
• Our firm assembles personalized mitigation strategies, including detailed background packages that include character letters, employment records, volunteer logs, and psychological evaluations when appropriate.
• Comprehensive client support, immigration-sensitive plea language, certification letters for licensing boards, and quick certificate of rehabilitation referrals after case closure
• Aggressive advocacy, if prosecutors refuse to stipulate, involves litigating Penal Code §17(d) motions backed by case law, legislative history, and policy arguments that demonstrate that reclassification serves justice.

The window to request an infraction is narrow. In most courts, the judge’s discretion is limited once probation is imposed or a jail sentence is served. That means your defense team must evaluate the file, gather mitigation, negotiate, and, if necessary, file the motion for reducing misdemeanors to infractions before formal sentencing. Acting quickly can be the difference between a lifelong criminal record and a minor infraction that is sealed in months.

If you or someone you love faces a misdemeanor charge in Los Angeles County, the opportunity to secure an infraction may be time-sensitive. The sooner a defense strategy is in place, the greater the chance of protecting your freedom, reputation, and future.

Call Kraut Law Group Criminal & DUI Lawyers today for a free, confidential consultation at (323) 464-6453 or toll-free (888) 334-6344 or use our secure online contact form.