(510) 545-6515 — Free Consultation
(510) 545-6515
DEFENSE
Back to Home

Practice Area

Misdemeanor Defense

Every misdemeanor deserves a real defense. A conviction is a criminal record — one that follows you for years.

By Ahmed S. Hasan·San Francisco Criminal Defense Attorney·Bar #364992·Updated May 2026

Want a deeper walkthrough of dismissal mechanics? See how to get a misdemeanor dismissed in San Francisco.

Paths to Keeping Your Record Clean

PC 1001.95 Misdemeanor Diversion

The broadest path to dismissal. Judicial misdemeanor diversion under PC 1001.95 reaches most misdemeanors — petty theft, vandalism, drug possession, trespassing, simple battery, and more. Complete the conditions — community service, classes, counseling — and the case is dismissed. No guilty plea required. The judge can grant over the District Attorney’s objection.

Mental Health Diversion (PC 1001.36)

If a qualifying mental health condition contributed to the alleged offense, treatment-based diversion with full dismissal may be available.

Civil Compromise

For property-related offenses where the victim is compensated, the court can dismiss the case under PC 1377-1378.

Negotiated Reduction

A misdemeanor can sometimes be reduced to an infraction — eliminating jail time and significantly reducing the impact on your record.

Why Hire a Private Attorney for a Misdemeanor?

A public defender will represent you competently, but they’re handling 100 to 150 cases at once. A private attorney gives you independent investigation on every case, aggressive advocacy from day one, and a lawyer who actually picks up the phone. At ASH Legal, you get Ahmed S. Hasan — one attorney who fights like your future depends on it. Because it does.

What to Expect at Arraignment

Most misdemeanor cases in San Francisco are arraigned at the Hall of Justice, 850 Bryant Street, in Department 17 on the second floor. The exception: domestic violence misdemeanors go to Department 14, also on the second floor. Arraignment is the first court hearing after charges are filed.

Your citation usually says 8:30 or 9:00 AM. The court’s morning session starts at 9:00 — but cases get called when the calendar gets to them. It is normal to wait until just before noon, or into the 1:30 PM afternoon session, before your case is called. Five hours sitting in a courtroom while you miss work and the rest of your day is a common experience.

If you are represented by the Public Defender, a deputy PD will meet you outside the courtroom that morning, go through the charges with you for the first time, and waive instruction and arraignment when your case is called. SF’s public defenders are excellent and dedicated lawyers — but they are meeting you for the first time on the morning of court, with 100 to 150 other clients on their active caseload.

Private representation changes the math. I review your discovery the day you retain me — not the day of arraignment. I file an appearance under PC 977 so you don’t have to be there. I show up already prepared to file motions. In some cases the work starts before arraignment and the case is reduced or dismissed before the hearing ever happens.

The court still does four things, in this order:

  1. Reads the charges
  2. Takes the plea (almost always not guilty at this stage)
  3. Sets release conditions (own recognizance is the default for first offenses; bail under In re Humphrey when financial conditions apply)
  4. Sets future dates — pretrial conferences, motion hearings, readiness, trial

The difference is whether someone read the file before walking into the courtroom.

Frequently Asked Questions

What is a misdemeanor in California?

A misdemeanor is a criminal offense punishable by up to one year in county jail and fines up to $1,000 (sometimes more, depending on the statute). Misdemeanors are less serious than felonies but still produce a permanent criminal record.

Can a misdemeanor be dismissed in San Francisco?

Yes. Five common paths: PC 1001.95 judicial misdemeanor diversion, PC 1001.36 mental health diversion, civil compromise under PC 1377-1378, suppression motions under PC 1538.5, and negotiated reduction or insufficiency of evidence. Read more on how to get a misdemeanor dismissed in San Francisco.

Do I need a lawyer for a misdemeanor in San Francisco?

Yes. A misdemeanor conviction creates a permanent criminal record that affects employment, housing, immigration, and licensing. Most diversion paths and dismissal opportunities require active defense work — not just appearing in court. The cost of a private attorney is typically a fraction of the long-term cost of a conviction.

Will a misdemeanor stay on my record forever?

Without action, yes. After successful PC 1001.95 diversion, the case is dismissed and no conviction exists. After completing probation on a conviction, PC 1203.4 expungement allows the conviction to be set aside. The arrest itself can be sealed under PC 851.91 in many situations.

How much does a misdemeanor defense lawyer cost in San Francisco?

Misdemeanor defense fees in San Francisco range from $1,500 to $5,000+ depending on charge type and complexity. ASH Legal handles San Francisco misdemeanor cases on a flat fee starting at $2,800. One fee, no hourly billing. Read more on criminal defense lawyer cost in San Francisco.

Flat-Fee Defense: Starting at $2,800

Every pre-trial court appearance. Every motion. Every phone call. From arraignment through resolution.

Schedule Free Consultation

(510) 545-6515 · ahmed@ashlegal.com

About the Author

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