California’s Penal Code sorts crimes and penalties into three tiers: infractions punishable only by fine, misdemeanors carrying up to 364 days in county jail, and felonies punishable by county jail, state prison, life imprisonment, or (on paper) death. On top of the base sentence, the code layers enhancements for firearms, gangs, and prior strikes, and it makes some offenses “wobblers” that a prosecutor can file either way. What you actually face for a given act depends on that base classification, the enhancements the prosecution can prove, and — for many theft and drug offenses — reforms passed by voters over the last decade.
The Three Tiers
An infraction is the least serious classification. Most traffic tickets and minor municipal violations sit here. The penalty is a fine. You cannot be jailed for an infraction, and you get no jury trial and no court-appointed attorney.
A misdemeanor carries jail time. Under Penal Code 18.5, the maximum jail sentence for a California misdemeanor is 364 days in county jail, not a full year.1California Legislative Information. California Penal Code 18.5 Petty theft, simple assault, and DUI without injury are typical examples. Standard maximum fines reach $1,000, though specific offenses can carry higher fines.
A felony is the most serious category. Sentences can be served in county jail under realignment, in state prison, as life imprisonment, or, technically, by execution. California still has the death penalty on the books, though Governor Newsom imposed a moratorium on executions in 2019 that remains in effect.2Office of the State Public Defender. Death Penalty in California Murder, robbery, serious sex offenses, and major drug trafficking crimes all sit in this tier.
Wobblers and Proposition 47 Reclassifications
Some offenses do not sit permanently in one tier. “Wobblers” can be charged as either a misdemeanor or a felony, with the prosecutor’s choice usually driven by the defendant’s record and the seriousness of the conduct. Grand theft is always a wobbler. Petty theft becomes a wobbler only when the defendant has certain prior theft-related convictions. The choice affects not just the potential sentence but firearm rights and professional licensing down the line.
Proposition 47, passed in 2014, moved several theft and drug offenses down from felony to misdemeanor status. Shoplifting from a commercial establishment — defined as entering with intent to steal goods worth $950 or less — became a standalone misdemeanor under Penal Code 459.5, punishable by up to six months in county jail. Simple possession of controlled substances under Health and Safety Code sections 11350, 11357(a), and 11377 also dropped to misdemeanor status.3Judicial Branch of California. Proposition 47 Frequently Asked Questions People previously convicted of these offenses can petition for resentencing or reclassification.
Penalties for Common Offenses
Murder and Manslaughter
Penal Code 187 defines murder as the unlawful killing of a human being or a fetus with malice aforethought. First-degree murder covers premeditated killings and carries 25 years to life, life without parole, or death when special circumstances (such as killing for financial gain, multiple murders, or killing a peace officer) are found true.4California Legislative Information. California Penal Code 190.2 Second-degree murder, an intentional killing without premeditation, carries 15 years to life.5Supreme Court of the United States. California Penal Code Sections 187, 190, 190.1, 190.2, 190.3, 190.4, and 190.5
Manslaughter is an unlawful killing without malice. Penal Code 192 splits it into voluntary manslaughter (a killing during a sudden quarrel or heat of passion), involuntary manslaughter (an unintentional killing resulting from a lawful act done recklessly or an unlawful act not amounting to a felony), and vehicular manslaughter (a killing caused by driving unlawfully or negligently).6California Legislative Information. California Penal Code 192
Robbery and Burglary
Robbery under Penal Code 211 is taking property from someone’s person or immediate presence by force or fear.7California Legislative Information. California Penal Code 211 The direct confrontation element separates it from ordinary theft and makes it a straight felony every time.
Burglary under Penal Code 459 is entering a structure with intent to commit theft or any felony inside. You don’t need to actually take anything; intent at the moment of entry is what counts. First-degree burglary targets a residence, is always a felony, and carries two, four, or six years in state prison. Second-degree burglary covers commercial buildings and vehicles and is a wobbler.
Sex Offenses
Rape involves non-consensual intercourse accomplished through force, threats, fraud, or when the victim is incapable of consent. Lewd acts with a minor carry their own penalties and are among the most aggressively prosecuted offenses. Convictions for specified sex crimes trigger mandatory registration as a sex offender for 10 years, 20 years, or life, depending on the tier assigned to the offense.8California Legislative Information. California Penal Code 290
Drugs and Firearms
Since Prop 47, simple possession of most controlled substances is a misdemeanor. Possession with intent to sell, manufacturing, and trafficking remain felonies, and often intersect with diversion programs for lower-level offenders. On the firearm side, carrying a concealed weapon without a permit and possession of a firearm by someone with a prior felony conviction are both charged offenses; the latter also triggers federal penalties under 18 U.S.C. § 922(g).
How Sentences Are Set
Determinate Terms
Most California felonies carry a determinate sentence: a fixed prison term set by statute. Each offense defines three possible terms — low, middle, and high. Under the current version of Penal Code 1170, the court must impose a sentence no longer than the middle term unless aggravating circumstances justify the upper term. Aggravating facts other than prior convictions must be admitted by the defendant or found true by a jury beyond a reasonable doubt before the high term can be imposed. That is a meaningful change from the older system, in which judges had broader discretion to pick the upper term on their own findings.
Indeterminate Terms
Some violent felonies carry indeterminate sentences: the court sets a minimum term, and the Board of Parole Hearings decides when, or whether, to release the person. Second-degree murder is 15 years to life. The “One Strike” law imposes 15 years to life or 25 years to life for certain sex crimes with aggravating circumstances such as kidnapping or use of a weapon. First-degree murder with special circumstances results in life without parole or, nominally, death.4California Legislative Information. California Penal Code 190.2
Probation Caps
AB 1950, effective in 2021, capped probation at two years for most felonies and one year for most misdemeanors.9California Legislative Information. AB 1950 Probation: Length of Terms Serious or violent felonies and certain sex offenses can carry longer supervision. Before this law, felony probation could stretch to three or five years, with a long exposure window for technical violations that could send someone back to custody.
Enhancements That Add Time
Firearm Enhancements
Penal Code 12022.53, sometimes called the “use a gun and you’re done” law, adds mandatory consecutive prison time when a firearm is involved in qualifying felonies such as murder, robbery, kidnapping, and carjacking:
- Personal use of a firearm adds 10 years. The gun does not need to be loaded or operable.
- Intentional discharge of a firearm adds 20 years.
- Discharge causing great bodily injury or death adds 25 years to life.
These terms stack on top of the base sentence and drive plea negotiations in gun cases.10California Legislative Information. California Penal Code 12022.53 Since 2018, courts have discretion to strike or dismiss these enhancements in the interest of justice.
Gang Enhancements
The Street Terrorism Enforcement and Prevention (STEP) Act, codified in Penal Code 186.22, allows enhanced penalties when a crime is committed for the benefit of a criminal street gang.11California Legislative Information. California Penal Code 186.22 AB 333, enacted in 2021, tightened the rules. Prosecutors must now prove a closer connection between the crime and organized gang activity, predicate offenses used to establish a “pattern of gang activity” must have commonly benefited the gang in a non-trivial way, and gang enhancement allegations must be tried separately from the underlying charges.
Three Strikes
California’s Three Strikes law escalates penalties for repeat offenders convicted of serious or violent felonies. A second strike doubles the sentence for any new felony conviction. A third strike triggers a mandatory sentence of 25 years to life, but only if the new offense is itself a serious or violent felony.12Legislative Analyst’s Office. Proposition 36: Three Strikes Law – Sentencing for Repeat Felony Offenders
That last limitation came from Proposition 36 in 2012, which changed the earlier version of the law that imposed 25-to-life for any third felony, including non-violent ones. Prop 36 also lets people already serving life sentences for non-violent third strikes petition for resentencing; courts grant resentencing unless they find the person would pose an unreasonable risk to public safety.12Legislative Analyst’s Office. Proposition 36: Three Strikes Law – Sentencing for Repeat Felony Offenders Offenders with prior convictions for certain drug, sex, or gun-related felonies remain subject to the harsher penalties.
Restitution and Fines
A conviction almost always brings financial obligations beyond any fine. Under Penal Code 1202.4, the court must order a restitution fine and, when there is an identifiable victim with economic losses, direct restitution to that victim.13California Legislative Information. California Penal Code 1202.4
Restitution fines follow a statutory formula based on the number of felony or misdemeanor counts and the years of imprisonment, with set minimums and maximums. Victim restitution has no cap: the court must order full reimbursement for economic losses, including medical expenses, lost wages, damaged or stolen property, and mental health counseling. Victim restitution orders are enforceable like civil judgments, so a victim can pursue collection even after the sentence is complete. This is the consequence that surprises defendants most often. You can finish probation and still owe a substantial balance.
How Long Prosecutors Have to File
Penalties only matter if the case can still be brought. California sets strict deadlines for filing criminal charges, and once the clock runs out, the prosecution loses the case regardless of the evidence.
- Murder, embezzlement of public money, and specified serious sex offenses committed on or after January 1, 2017 have no statute of limitations.14California Legislative Information. California Penal Code 799-805
- Most felonies punishable by eight or more years in prison: six years.
- Other felonies not otherwise specified: three years.
- Misdemeanors: one year.
These deadlines can be extended. If the defendant flees the state, the clock generally pauses until they return. DNA evidence discovered years later can restart the limitations period for certain violent and sexual offenses.