California Criminal Laws

The California penal code defines illegal conduct for everyone within the state. There are code sections for criminal conduct by civilians and peace officers. Some criminal charges cross over into other sections of California codes, such as the motor vehicle code (for DUIs) and the health and safety code (for drug crimes).

California law divides criminal offenses into three categories: felonies, misdemeanors, and infractions. Some crimes can be either felonies or misdemeanors, depending on other factors. These factors, called enhancements, include the use of firearms or gang membership.

California Penal Code and Crimes

California's criminal procedure also divides crimes by the types of sentences given. Infractions are punishable by fines. Most infractions are not criminal acts but violations of traffic laws and civil statutes, such as littering or speeding.

Misdemeanors are punishable by not more than 364 days in jail, even if the crime has a penalty of one year by law (CA Penal Code § 18.5). Felonies are punishable by not less than 16 months in prison unless otherwise specified (CA Penal Code § 18).

Crimes Against the Person

These are violent crimes and generally felonies. They include:

• Homicide (murder, justifiable homicide, voluntary manslaughter) and special circumstances (PC 187-199)
• Kidnapping
• Robbery
• Assault and battery (PC 240/242). These crimes involve an intent and ability to cause great bodily injury to the victim. Battery also includes intent to commit sexual assault and assault on older or dependent people.

Crimes of Sexual Assault and Public Morals

These include sex offenses, crimes against children, and indecent exposure.

• Rape (PC § 261). California's statute still contains a marital exception for rape. PC § 261.6 amends this by requiring consent to sexual contact in all criminal cases, regardless of previous or current marital status.
• Abandonment or neglect of children
• Bigamy (PC § 281). Bigamy is a crime of intent. A second marriage due to a mistaken belief that a divorce was recorded properly is not bigamy (PC § 282).

Crimes Against Health and Safety

This section covers illegal conduct ranging from littering (§ 374) to selling watered-down liquor (§ 382). It includes keeping a dangerous animal and aiding and abetting suicide. These crimes may be felonies, misdemeanors, or infractions, depending on other factors.

Crimes Against Property

Property crimes can be felonies or misdemeanors, depending on whether anyone was inside the property at the time of the crime.

• Arson
• Burglary in California is entering any structure with the intent to commit a felony or larceny (PC § 459). It doesn't require a completed theft or other felony but does require an intent to commit a crime within the structure.
• Theft. California recognizes two types of theft: grand theft, property over $950 in value, or certain enumerated livestock or agricultural products; and petty theft, some valuable property less than $250 (such as gold and livestock), and all other types of theft.

California Penalties

On paper, California still has the death penalty for some types of murder. In 2019, Gov. Gavin Newsom suspended all executions pending in the state and ordered California's death row dismantled. The 694 inmates still housed in San Quentin State Prison and the Women's Correctional Facility in Chowchilla will move to secure facilities elsewhere.

Ballot initiatives to abolish the death penalty have failed to pass twice since California's last execution in 2006.

Assisted outpatient treatment, or "Laura's Law," is an alternative penalty for repeat offenders with a diagnosed mental illness (Welfare & Institutions Code WIC § 5346). State law allows counties to offer offenders supervised release and monitored treatment instead of incarceration. Fifty-nine California counties have opted for the use of the AOT protocols.

Get Legal Advice from a California Criminal Defense Attorney

The state of California rolls out new laws every January. Keeping track of what is legal and what is not takes the skills of an experienced California criminal defense attorney. If you need help with a legal case, whether it's a traffic ticket or something more serious, you need legal advice right away.