What is an Infraction? An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury or not entitled to be represented by a public defender or appointed counsel at public expense unless arrested and not released. is a crime punishable by one year or more in State Prison. What is a Misdemeanor? Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding $1,000, or both. Some statutes specifically provide for punishment by up to one year in county jail. California no longer has Municipal Court and misdemeanors are now dealt with in Superior Court.