An infraction means no jail, no jury trial, and no criminal record — just a fine. A misdemeanor can mean county jail, probation, and a record.
Some offenses can be charged as either, and moving a case from misdemeanor to infraction is a real win.
The Difference
An infraction is the lowest level of offense: punishable by a fine only, with no right to a jury trial and no jail exposure. A misdemeanor is a crime — it can carry county jail and probation, it comes with a right to a jury trial and appointed counsel, and it leaves a criminal record.
Which Offenses Can Go Either Way
Under Penal Code 19.8, a number of misdemeanors can be charged as, or reduced to, infractions — among them disturbing the peace (PC 415), many trespass offenses, and driving without a license (VC 12500). The court can reduce a qualifying misdemeanor to an infraction, often as part of a resolution.
Why It Matters
An infraction keeps the case off your criminal record, eliminates jail exposure, and usually avoids the collateral consequences of a misdemeanor conviction. For many first-time and low-level cases, an infraction — or judicial diversion (PC 1001.95) ending in dismissal — is the goal.
Frequently Asked Questions
What is the difference between an infraction and a misdemeanor in California?
An infraction is punishable by a fine only, with no jail, no jury trial, and no criminal record. A misdemeanor is a crime that can carry county jail and probation, comes with a right to a jury trial and appointed counsel, and leaves a criminal record.
Can a misdemeanor be reduced to an infraction?
Yes. Under Penal Code 19.8, a number of misdemeanors — such as disturbing the peace (PC 415), many trespass offenses, and driving without a license (VC 12500) — can be charged as or reduced to infractions, often as part of a resolution.
Do you get a criminal record for an infraction?
No. An infraction does not create a criminal record and carries no jail exposure — it is punishable by a fine only. That is why reducing a misdemeanor to an infraction is a meaningful win.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com