Gavin Howe
California, one of the fifty states of the United States, follows common law criminal procedure. The California Penal Code, enacted in 1872, forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences in the state. The code was derived from a penal code proposed by the New York code commission in 1865, frequently called the Field Penal Code. California recognizes three categories of crime: felonies, misdemeanors, and infractions.
| Characteristics | Values |
|---|---|
| Definition of Crime | "an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, any of the following punishments" |
| Categories of Crime | Felonies, Misdemeanors, and Infractions |
| Elements of Crime | 1) an act committed or omitted in California, and 2) an articulated punishment as defined in Cal Penal Code 15 |
| Example of a Crime and Punishment | Section 420 of the California Penal Code covers obstructing entry on public land |
| Notable Laws | Three-strikes law, which allows for a 25-years-to-life sentence for a person with two previous felony convictions |
| Law Enforcement Agencies | 531 state and local law enforcement agencies with a total of 130,451 staff as of 2018 |
| Arrests | Approximately 1.2 million arrests made every year; in 2019, there were 1,012,441 arrests of adults and 43,181 arrests of juveniles |
| Prison Population | 130,000 people in state prisons and 70,000 people in county jails |
| Death Penalty | 746 people have been sentenced to death |
| Homicide Rate | 1,697 homicides in 2014; 1,679 murders in 2019 |
| Gang-Related Crimes | 30% of homicides were gang-related in 2019 |
| Rape | Definition expanded in 2014 to include both male and female victims and various forms of sexual penetration |
| Criminal Law Basis | California generally follows U.S. federal law but with some substantive and procedural differences |
| Criminal Procedure | California follows common law criminal procedure with the California Penal Code as the principal source |
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What You'll Learn
California's criminal law and procedure
California recognises three categories of crime: felonies, misdemeanours, and infractions. Felonies are more serious crimes that carry the punishment of death or imprisonment in a state prison. Probation may be granted instead of a prison sentence, and the court can impose conditions such as up to one year in county jail, fines, and restitution to the victim. Misdemeanours and infractions are less serious crimes, with misdemeanours being more severe than infractions.
Every crime in California is defined by a specific code section. For example, Section 420, commonly associated with marijuana use, actually covers obstructing entry on public land. Another notable section is 666, which allows for a minor shoplifting crime to be charged as a felony if the person has any prior theft-related convictions. This is part of California's three-strikes law, which has been upheld by the U.S. Supreme Court even in cases where the third strike was a nonviolent crime.
California has a lower murder rate than the US average. In 2019, there were 1,679 murders reported in the state. The violent crime rate rose by 1.5% in 2017, ranking California as the 14th highest out of the 50 states. Los Angeles reported 293 homicides in 2010, corresponding to a rate of 7.6 per 100,000 population. In terms of law enforcement, there were 79,038 sworn officers in California in 2018, out of a total of 130,451 staff across 531 state and local agencies.
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The California Penal Code
Part 1 deals with crimes and punishments, Part 2 with criminal procedure, Part 3 with imprisonment and the death penalty, Part 4 with the prevention of crimes and apprehension of criminals, Part 5 with the California Peace Officers Memorial, and Part 6 with the control of deadly weapons.
Some notable sections of the California Penal Code include Section 420, which, contrary to popular belief, deals with obstructing entry on public land, not marijuana use. Sections 666 and 667, known as felony petty theft and the three-strikes law, respectively, are also controversial. Section 666 allows for someone who commits a minor shoplifting crime to be charged with a felony if they have any prior theft-related convictions. Section 667 states that if the person charged has two previous felony convictions, they can face a 25-years-to-life sentence.
It is important to note that California's drug laws, including those related to marijuana use, are not found within the Penal Code but in a separate enactment, the California Health and Safety Code. Similarly, provisions related to motorists, motor vehicles, and traffic matters are covered in the California Vehicle Code.
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Felonies, misdemeanours, and infractions
California's justice system categorises criminal violations into three broad groups based on their severity: infractions, misdemeanours, and felonies. These categories each carry different penalties, as defined by the California Penal Code.
Infractions, also known as petty offences, are minor violations of California state law. They are considered the least serious offences and carry the lightest penalties. Infractions are not punishable by imprisonment or probation, but individuals found guilty may be fined or required to perform community service. Minor traffic tickets are the most common example of infractions.
Misdemeanours are more serious than infractions but less severe than felonies. They can carry a penalty of up to a year in jail and/or a fine of up to $1,000. California divides misdemeanours into two categories: standard and gross misdemeanours. Standard misdemeanours carry a penalty of up to six months in jail and/or a fine, while gross misdemeanours (or aggravated misdemeanours) can result in up to a year in jail and/or a fine. Common examples of serious misdemeanour charges include solicitation of prostitution, shoplifting, and some DUI and domestic violence charges. Misdemeanours can result in a criminal record, and additional punishments such as registering as a sex offender or losing the right to own a gun.
Felonies are the most serious type of criminal charge in California, carrying penalties of more than a year in prison, as well as fines, probation or parole, and other long-term consequences. Felony convictions can prevent individuals from holding certain jobs, obtaining loans, or renting apartments, and can damage their reputation and quality of life. California does not organise felonies into degrees or classes but sets specific penalties for different crimes. A felony conviction can lead to low, mid, or high prison terms depending on the defendant's criminal record, the seriousness of the crime, and any aggravating or mitigating circumstances.
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Gangs and organised crime
California has a long history of organised crime and street gangs, dating back to the early 20th century. The early years of organised crime in the state were marked by the division of various Italian street gangs, such as the Black Hand organisations. The most prominent of these was the Matranga family, an Albanian noble family that settled in South Italy and entered the fruit vending business. They used threats, violence, arson, and extortion to control the Plaza area, which was the heart of the Italian-American community in Los Angeles.
Over time, the Los Angeles Cosa Nostra family, also known as the L.A. Mafia, rose to prominence. However, since the 1980s, the Racketeer Influenced and Corrupt Organizations Act (RICO Act) has been effective in convicting mobsters and shrinking the American Mafia. The Los Angeles crime family is now the last Mafia family left in California, and they face challenges from various street gangs of different ethnicities in Southern California.
One notable incident involving gangs and organised crime in California was the recall of Mayor Frank L. Shaw due to corruption charges related to organised crime. In the late 1930s, California Attorney General Earl Warren led a tough assault on Dragna's empire, shutting down gambling ships run by Anthony Cornero. Dragna was eventually questioned in the Kefauver hearings but denied all accusations.
More recently, in 2025, Cynthia Gonzalez, the vice mayor of Cudahy, a Los Angeles suburb, sparked controversy by appearing to call on street gangs to organise in response to immigration raids by federal agents. Gonzalez referenced the "18th Street" and "Florence" gangs in her social media post, urging them to speak up against the immigration sweeps. Her comments were criticised as deplorable and potentially illegal, with calls for her resignation and prosecution.
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Criminal investigations and police training
California's criminal law does not recognise common law crimes. Instead, every crime is defined by a specific code section.
The state ensures that its police officers are well-trained for criminal investigations. The Basic Police Academy offers a 904-hour intensive course that satisfies the California Commission on Peace Officer Standards and Training (POST) minimum training requirements for California entry-level peace officers. The course covers fundamental principles, procedures, and techniques of law enforcement, including criminal law, patrol procedures, investigative procedures, report writing, and accident investigation, among other topics.
To be eligible for the course, candidates must meet the minimum selection standards for peace officers in California, as set forth in Government Code Sections 1029 and 1031. This includes being fingerprinted, having a high school diploma or equivalent, and being of good moral character as determined by a thorough background investigation.
In addition to basic training, criminal investigators in California can undergo the Criminal Investigator Training Program (CITP) offered by the Federal Law Enforcement Training Centers (FLETC). This program provides instruction on common knowledge, skills, and abilities that are expected of all investigators, including awareness of human behaviour, modern technology, cultural sensitivity, and law. The CITP uses lectures, laboratories, practical exercises, and written exams to ensure trainees acquire the necessary skills. Trainees also participate in a Continuing Case Investigation, where they interview witnesses, conduct surveillance, and perform undercover operations to develop a case, write and execute search and arrest warrants, and testify in a courtroom hearing.
There are also private companies that offer advanced law enforcement training, such as the Savage Training Group, which provides courses on critical incident response, practical de-escalation, tactical conduct, modern crisis negotiations, and more. These courses are designed to give officers the skills they need to effectively respond to "hot calls" and control chaotic situations.
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Frequently asked questions
The California Penal Code.
Yes, as one of the fifty states of the United States, California follows common law criminal procedure.
Felonies, Misdemeanors, and Infractions.
The California three-strikes law states that if a person charged with felony petty theft has two previous felony convictions, they can be sentenced to 25 years to life in prison.
California Penal Code section 15 defines a "crime" or "public offense" as "an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, any of the following punishments".
