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California State law
State law — California
Offences by family
Against the person
Assault (aggravated) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Deadly weapon other than a firearm — § 245(a)(1) Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail (misdemeanour) or 2, 3, or 4 years state prison (felony)
- Fine
- $0–$10,000
Wobbler.
Force likely to produce great bodily injury — § 245(a)(4) Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail (misdemeanour) or 2, 3, or 4 years state prison (felony)
- Fine
- $0–$10,000
Wobbler.
Firearm — § 245(a)(2) Possibly — unconfirmed
- Imprisonment
- 6 months–1 year county jail or 2, 3, or 4 years state prison
- Fine
- $0–$10,000
Semiautomatic firearm Possibly — unconfirmed
- Imprisonment
- 3, 6, or 9 years state prison
- Fine
- $0–$10,000
Assault weapon or machinegun Possibly — unconfirmed
- Imprisonment
- 4, 8, or 12 years state prison
- Fine
- $0–$10,000
Penal Code § 245 is a wobbler for most subdivisions. Semiautomatic-firearm and assault-weapon/machinegun tiers are felony-only.
Assault (simple) Verified against official source
This range was checked against the official legal text.
Statutory range
Simple assault — base (Penal Code § 241(a))
- Imprisonment
- 0–6 months county jail
- Fine
- $0–$1,000
Assault on a parking control officer (§ 241(b))
- Imprisonment
- 0–6 months county jail
- Fine
- $0–$2,000
Victim-status tier; defendant knew or reasonably should have known.
Assault on a peace officer / firefighter / EMT / lifeguard / school employee etc. (§ 241(c))
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$2,000
Victim-status tier; defendant knew or reasonably should have known.
Battery (Penal Code § 242/243(a)): up to 6 months county jail and/or fine up to $2,000. Battery causing serious bodily injury (Penal Code § 243(d)): misdemeanour up to 1 year, or felony 2, 3, or 4 years.
Domestic violence Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Corporal injury on spouse/cohabitant — § 273.5(a), first offence Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail (misdemeanour) or 2, 3, or 4 years state prison (felony)
- Fine
- $0–$6,000
Wobbler; requires corporal injury resulting in a traumatic condition.
Corporal injury — prior qualifying conviction within 7 years (§ 273.5(e)) Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail or 2, 4, or 5 years state prison
- Fine
- $0–$10,000
Prior under § 273.5, § 243(d), § 243.4, § 244, § 244.5, or § 245.
Corporal injury — prior domestic battery § 243(e) within 7 years Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail or 2, 3, or 4 years state prison
- Fine
- $0–$10,000
Domestic battery without injury — § 243(e)(1) Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail
- Fine
- Fine per § 243(e) (not verified)
No visible injury required; fine amount not verified — needs official re-check.
Great bodily injury adds a consecutive 3, 4, or 5 years under Penal Code § 12022.7. Probation carries mandatory minimum jail (15 days with one prior, 60 days with two priors within 7 years).
Homicide — manslaughter Verified against official source
This range was checked against the official legal text.
Statutory range
Voluntary manslaughter
- Imprisonment
- 3, 6, or 11 years state prison
- Fine
- $0–$10,000 (via Penal Code § 672)
Sudden quarrel / heat of passion.
Involuntary manslaughter
- Imprisonment
- 2, 3, or 4 years (per Penal Code § 1170(h))
- Fine
- $0–$10,000 (via Penal Code § 672)
Excludes deaths caused while driving — those are vehicular manslaughter.
Vehicular manslaughter — gross negligence, no intoxication (§ 192(c)(1))
- Imprisonment
- 0–1 year county jail or 2, 4, or 6 years state prison
- Fine
- $0–$10,000 (via Penal Code § 672)
Vehicular manslaughter — ordinary negligence (§ 192(c)(2))
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$10,000 (via Penal Code § 672)
Vehicular manslaughter — with intoxication / gross negligence (§ 192(c)(3))
- Imprisonment
- 4, 6, or 10 years state prison
- Fine
- $0–$10,000 (via Penal Code § 672)
Fines via Penal Code § 672 (up to $10,000) where § 193 states no fine. Gross vehicular manslaughter while intoxicated (Penal Code § 191.5) is a separate felony (4, 6, or 10 years).
Homicide — murder Verified against official source
This range was checked against the official legal text.
Statutory range
1st degree
- Imprisonment
- Death, life without parole, or 25 years to life
- Fine
- No fine stated in § 190
Includes felony-murder and specified means (destructive device, weapon of mass destruction, etc.).
2nd degree — base
- Imprisonment
- 15 years to life
- Fine
- No fine stated in § 190
2nd degree — victim a peace officer killed on duty, defendant knew/should have known
- Imprisonment
- 25 years to life
- Fine
- No fine stated in § 190
2nd degree — peace-officer victim + intent to kill / intent to inflict great bodily injury / personal use of a deadly weapon
- Imprisonment
- Life without parole
- Fine
- No fine stated in § 190
2nd degree — shooting from a motor vehicle with intent to inflict great bodily injury
- Imprisonment
- 20 years to life
- Fine
- No fine stated in § 190
California has had a moratorium on executions; death remains on the books in § 190. Special circumstances (§ 190.2) raise first-degree murder to death or life without parole.
Sexual offences
Sexual assault / rape Verified against official source
This range was checked against the official legal text.
Statutory range
Rape — base (Penal Code § 264(a))
- Imprisonment
- 3, 6, or 8 years state prison
- Fine
- $0–$70 (Penal Code § 264(b)) + general felony fine up to $10,000 may apply
Rape of a child under 14 (§ 264(c)(1))
- Imprisonment
- 9, 11, or 13 years state prison
- Fine
- $0–$70 (Penal Code § 264(b)) + general felony fine up to $10,000 may apply
Victim under 14, force/fear under § 261(a)(2).
Rape of a minor 14–17 (§ 264(c)(2))
- Imprisonment
- 7, 9, or 11 years state prison
- Fine
- $0–$70 (Penal Code § 264(b)) + general felony fine up to $10,000 may apply
Rape in concert (Penal Code § 264.1(a))
- Imprisonment
- 5, 7, or 9 years state prison
- Fine
- $0–$10,000 (via Penal Code § 672)
10, 12, or 14 years if victim under 14.
Penal Code § 264(b) allows an additional fine up to $70. One Strike law (§ 667.61): 15 or 25 years to life where specified aggravating circumstances apply. Sex-offender registration (Penal Code § 290) applies.
Property
Burglary Verified against official source
This range was checked against the official legal text.
Statutory range
1st degree — inhabited dwelling / inhabited portion of a building
- Imprisonment
- 2, 4, or 6 years state prison
- Fine
- $0–$10,000 (via Penal Code § 672)
Always a felony.
2nd degree — all other burglary
- Imprisonment
- 0–1 year county jail (misdemeanour) or 16 months, 2, or 3 years under § 1170(h) (felony)
- Fine
- $0–$10,000 (via Penal Code § 672)
Wobbler.
First-degree burglary is a serious felony / strike. Second-degree felony term served under Penal Code § 1170(h) (16 months, 2 or 3 years county jail). Entering a commercial establishment during business hours with intent to steal $950 or less is shoplifting (Penal Code § 459.5), a misdemeanour, not burglary.
Robbery Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
1st degree — inhabited dwelling, transit operator/passenger, ATM vicinity Possibly — unconfirmed
- Imprisonment
- 3, 4, or 6 years state prison
- Fine
- $0–$10,000
1st degree — home-invasion robbery in concert with 2+ others Possibly — unconfirmed
- Imprisonment
- 3, 6, or 9 years state prison
- Fine
- $0–$10,000
2nd degree — all other robbery Possibly — unconfirmed
- Imprisonment
- 2, 3, or 5 years state prison
- Fine
- $0–$10,000
Robbery is a violent and serious felony / strike. Firearm use adds 10 years, discharge 20 years, discharge causing great bodily injury/death 25 years to life under Penal Code § 12022.53 (consecutive).
Theft Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Petty theft — value $950 or less (Penal Code §§ 484, 488, 490.2) Possibly — unconfirmed
- Imprisonment
- 0–6 months county jail
- Fine
- $0–$1,000
May be an infraction for a first-time offender stealing $50 or less (Penal Code § 490.1).
Grand theft — misdemeanour (value over $950) Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$1,000
Wobbler.
Grand theft — felony (value over $950) Possibly — unconfirmed
- Imprisonment
- 16 months, 2, or 3 years
- Fine
- $0–$10,000
Wobbler; firearm theft is a mandatory felony.
Petty theft with a prior — Penal Code § 666 Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail (misdemeanour) or 16 months, 2, or 3 years (felony)
- Fine
- $0–$10,000
Requires specified prior theft/fraud convictions.
Threshold is $950 (Prop 47). Grand theft of a firearm is a felony; grand theft of an animal/vehicle is grand theft regardless of value in specified cases. Petty theft with a prior (Penal Code § 666) requires specified prior theft/fraud convictions.
Vandalism / criminal damage Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Damage under $400 Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$1,000
Misdemeanour.
Damage under $400 with a prior vandalism/graffiti conviction Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$5,000
Damage $400 or more Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail or imprisonment under Penal Code § 1170(h)
- Fine
- $0–$10,000 (damage under $10,000) / $0–$50,000 (damage $10,000+)
Wobbler.
§ 594(b)(1) felony term served under Penal Code § 1170(h) (16 months, 2, or 3 years). Note: some summaries cite a $950 threshold from a later bill — the operative text verified here uses $400; threshold treated as $400 per the current published section.
Fraud & financial
Fraud Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Amount obtained $950 or less — petty theft tier Possibly — unconfirmed
- Imprisonment
- 0–6 months county jail
- Fine
- $0–$1,000
Amount obtained over $950 — grand theft, misdemeanour Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$1,000
Wobbler.
Amount obtained over $950 — grand theft, felony Possibly — unconfirmed
- Imprisonment
- 16 months, 2, or 3 years
- Fine
- $0–$10,000
Wobbler.
Penal Code § 532(a): punishable in the same manner and to the same extent as larceny of the money/property obtained. Prop 36 aggregation (Penal Code § 490.3) may aggregate multiple thefts to reach the $950 threshold.
Drugs
Drug possession Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Simple possession — misdemeanour (usual case) Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$1,000
HSC § 11350 (non-marijuana controlled substances); HSC § 11377 (methamphetamine / stimulants). Diversion may be available.
Simple possession — felony (disqualifying priors only) Possibly — unconfirmed
- Imprisonment
- 16 months, 2 or 3 years
- Fine
- $0–$10,000
Prop 47 misdemeanour treatment does not apply with disqualifying serious/violent priors.
Prop 47 made simple possession a misdemeanour for most defendants; felony treatment applies only with disqualifying priors (e.g. murder, rape, registerable sex offences, certain serious felonies). Fine for the felony tier via Cal. Penal Code § 672 (up to $10,000 where no fine is stated).
Drug trafficking / sale Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Possession for sale — HSC § 11351 / § 11378 (meth) Possibly — unconfirmed
- Imprisonment
- 2, 3, or 4 years
- Fine
- $0–$10,000 (via Penal Code § 672)
§ 11351 covers Schedule I/II narcotics; § 11378 covers methamphetamine/stimulants (16 months, 2 or 3 years reported for § 11378 in some summaries — base term stated here follows § 11351).
Sale / transport for sale — HSC § 11352 (narcotics) Possibly — unconfirmed
- Imprisonment
- 3, 4, or 5 years
- Fine
- $0–$10,000 (via Penal Code § 672)
Transport requires specific intent to sell; 3, 6, or 9 years if transported across non-contiguous counties.
Sale / transport for sale — HSC § 11379 (methamphetamine) Possibly — unconfirmed
- Imprisonment
- 2, 3, or 4 years
- Fine
- $0–$10,000 (via Penal Code § 672)
3, 6, or 9 years if transported across two or more contiguous county lines.
HSC § 11370.4 weight enhancements (heroin/cocaine/meth/PCP): over 1 kg +3 years; over 4 kg +5; over 10 kg +10; over 20 kg +15; over 40 kg +20; over 80 kg +25, consecutive, served in state prison. Fines for §§ 11351/11352/11379 base terms not stated in the sections — general felony fine up to $10,000 via Penal Code § 672.
Weapons
Weapons offences Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Carrying a concealed firearm — Penal Code § 25400 Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail (misdemeanour) or 16 months, 2, or 3 years (felony)
- Fine
- $0–$1,000 (misdemeanour) / $0–$10,000 (felony)
Wobbler; felony where aggravating factors (stolen gun, gang membership, prior felony/firearm conviction, prohibited person).
Carrying a loaded firearm in public — Penal Code § 25850 Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail (misdemeanour) or 16 months, 2, or 3 years (felony)
- Fine
- $0–$1,000 (misdemeanour) / $0–$10,000 (felony)
Wobbler; felony where aggravating factors apply.
Felon / prohibited person in possession — Penal Code § 29800 Possibly — unconfirmed
- Imprisonment
- 16 months, 2, or 3 years
- Fine
- $0–$10,000
Felony.
Many California firearm offences are wobblers. Using a firearm during specified felonies adds 10 years (use), 20 years (discharge), or 25 years to life (discharge causing great bodily injury/death) under Penal Code § 12022.53.
Traffic & transport
DUI / drink driving Verified against official source
This range was checked against the official legal text.
Statutory range
1st offence (Vehicle Code § 23536)
- Imprisonment
- 96 hours–6 months county jail
- Fine
- $390–$1,000
At least 48 hours continuous. Usually probation with shorter custody.
2nd offence within 10 years (Vehicle Code § 23540)
- Imprisonment
- 90 days–1 year county jail
- Fine
- $390–$1,000
Misdemeanour. On probation, minimum 10 days jail or 96 hours in two 48-hour blocks.
3rd offence within 10 years (Vehicle Code § 23546)
- Imprisonment
- 120 days–1 year county jail
- Fine
- $390–$1,000
Misdemeanour; habitual traffic offender designation.
4th or subsequent offence within 10 years (Vehicle Code § 23550)
- Imprisonment
- 180 days–1 year county jail, or 16 months, 2, or 3 years (felony track)
- Fine
- $390–$1,000
Wobbler.
Fines stated are base fines; penalty assessments/fees roughly triple the total. DUI causing injury is a separate offence (Vehicle Code § 23153, wobbler). Gross vehicular manslaughter while intoxicated: Penal Code § 191.5, 4/6/10 years.
Cyber & digital
Cybercrime / hacking Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
First violation, no injury / victim expenditure ≤$5,000 / services ≤$950 Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail
- Fine
- $0–$5,000
Misdemeanour.
Wobbler — injury, victim expenditure over $5,000, services over $950, or prior § 502 conviction Possibly — unconfirmed
- Imprisonment
- 0–1 year county jail (misdemeanour) or 16 months, 2, or 3 years (felony)
- Fine
- $0–$5,000 (misdemeanour) / $0–$10,000 (felony)
Penal Code § 502 has multiple subdivisions with distinct penalty sub-tiers (including an infraction tier — fine up to $1,000 — for certain first violations with no injury). The tiers below summarise the main penalty structure; exact subdivision mapping needs an official re-check.