Penalty Info

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California State law

State law — California

6 verified · 10 possibly — unconfirmed · 0 verification pending

Offences by family

Against the person

Assault (aggravated) Possibly — unconfirmed

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
Note on this entry

Penal Code § 245 is a wobbler for most subdivisions. Semiautomatic-firearm and assault-weapon/machinegun tiers are felony-only.

Statute
Cal. Penal Code § 245(a)
Official source
Secondary summaries quoting Cal. Penal Code § 245 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion, great-bodily-injury / firearm enhancements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Assault (simple) Verified against official source

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.

Note on this entry

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.

Statute
Cal. Penal Code §§ 240, 241
Official source
leginfo.legislature.ca.gov
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion, victim-status tiers beyond those listed. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Domestic violence Possibly — unconfirmed

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.

Note on this entry

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).

Statute
Cal. Penal Code §§ 273.5, 243(e)(1)
Official source
Secondary summaries quoting Cal. Penal Code §§ 273.5, 243(e) (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, protective-order / batterer-programme conditions. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — manslaughter Verified against official source

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)
Note on this entry

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).

Statute
Cal. Penal Code §§ 192, 193
Official source
leginfo.legislature.ca.gov
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — murder Verified against official source

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
Note on this entry

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.

Statute
Cal. Penal Code §§ 187, 189, 190
Official source
leginfo.legislature.ca.gov
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion, special circumstances (Penal Code § 190.2). If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Sexual offences

Sexual assault / rape Verified against official source

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.

Note on this entry

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.

Statute
Cal. Penal Code §§ 261, 264
Official source
leginfo.legislature.ca.gov
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion, One Strike law (Penal Code § 667.61) enhancements. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Property

Burglary Verified against official source

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.

Note on this entry

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.

Statute
Cal. Penal Code §§ 459, 460, 461
Official source
leginfo.legislature.ca.gov
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, strike consequences. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Robbery Possibly — unconfirmed

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
Note on this entry

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).

Statute
Cal. Penal Code §§ 211, 212.5, 213
Official source
Multiple CA defence-law summaries (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, firearm / great-bodily-injury enhancements (Penal Code §§ 12022.53, 12022.7). If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Theft Possibly — unconfirmed

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.

Note on this entry

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.

Statute
Cal. Penal Code §§ 484, 487, 488, 490.2, 666
Official source
Multiple CA defence-law summaries (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, Prop 36 aggregation (Penal Code § 490.3). If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Vandalism / criminal damage Possibly — unconfirmed

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.

Note on this entry

§ 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.

Statute
Cal. Penal Code § 594
Official source
California Penal Code § 594 as reproduced by california.public.law (non-official mirror of leginfo text)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, restitution / clean-up orders. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Fraud & financial

Fraud Possibly — unconfirmed

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.

Note on this entry

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.

Statute
Cal. Penal Code § 532(a) (theft by false pretences)
Official source
leginfo.legislature.ca.gov (Penal Code § 532 text) + secondary summaries for theft mapping
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, loss amount beyond tier, plea, discretion, white-collar enhancement (Penal Code § 186.11). If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drugs

Drug possession Possibly — unconfirmed

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.

Note on this entry

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).

Statute
Cal. Health & Safety Code §§ 11350, 11377
Official source
leginfo.legislature.ca.gov (HSC §§ 11350–11351) corroborated by multiple CA defence-law summaries
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, diversion eligibility. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drug trafficking / sale Possibly — unconfirmed

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.

Note on this entry

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.

Statute
Cal. Health & Safety Code §§ 11351, 11352, 11379
Official source
Secondary summaries quoting HSC §§ 11351, 11352, 11379, 11370.4 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, weight enhancements beyond tier. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Weapons

Weapons offences Possibly — unconfirmed

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.

Note on this entry

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.

Statute
Cal. Penal Code §§ 25400, 25850, 29800
Official source
Multiple CA defence-law summaries (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, 10-20-Life enhancements for firearm use during felonies. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Traffic & transport

DUI / drink driving Verified against official source

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.

Note on this entry

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.

Statute
Cal. Vehicle Code §§ 23152, 23536, 23540, 23546, 23550
Official source
leginfo.legislature.ca.gov (Vehicle Code § 23536) + CA Senate Committee table for repeat tiers
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, BAC level, plea, discretion, licence consequences, DUI programme / ignition-interlock conditions. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Cyber & digital

Cybercrime / hacking Possibly — unconfirmed

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)
Note on this entry

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.

Statute
Cal. Penal Code § 502(c), (d)
Official source
Secondary summaries quoting Cal. Penal Code § 502 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, loss amount, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.