Kara Sears
California's criminal law generally follows the law of the United States, but there are some differences in how alleged violations of criminal law are prosecuted. California's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California. Before the enactment of the Penal Code, California relied on common law definitions of crimes as well as the accumulated case law that went back to the British common law of post-colonial times. The Constitution of California is the foremost source of state law, and legislation is enacted within the California Statutes, which have been codified into 29 California Codes.
| Characteristics | Values |
|---|---|
| Basis of California Criminal Law | California's legal system is based on common law, interpreted by case law through the decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California. |
| Criminal Law Sources | The Constitution of California, California Statutes, 29 California Codes (including Penal Code, Health and Safety Code, Vehicle Code, and Family Code), and California Code of Regulations. |
| Criminal Law Prosecutions | All criminal prosecutions are carried out in the name of "the People of the State of California", reflecting the state's tradition of popular sovereignty. |
| Criminal Law Differences | California criminal law generally follows US law but has substantive and procedural differences in prosecuting alleged violations of criminal law. |
| Crime Categories | Felonies, Misdemeanors, and Infractions. |
| Crime Elements | An act committed or omitted in California and an articulated punishment as defined in the Penal Code. |
| Misdemeanor Punishment | Imprisonment in a county or city jail for up to 364 days, or a fine not exceeding $1,000, or both. |
| Felony Punishment | Imprisonment in a state prison or death penalty, with the option of probation instead of a prison sentence. |
| Infraction Punishment | Fine, removal, and/or disqualification from public office. |
| Notable Penal Code Sections | Sections 666 and 667 (three-strikes law), Section 420 (obstructing entry on public land). |
| Other Notable Laws | Capital punishment, gun control, sexual assault, drug cultivation and manufacturing, and racketeering laws. |
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What You'll Learn
Misdemeanours and infractions
California's criminal justice system categorises violations into three broad categories based on the severity of the crime: infractions, misdemeanours, and felonies. Misdemeanours are crimes punishable by imprisonment in a county, city jail, or detention facility for up to one year. The punishment for a misdemeanour can also include a fine of up to one thousand dollars. However, many misdemeanour offences list a punishment that exceeds this, such as a violation of Battery on a Peace Officer, which is punishable by up to one year in jail and/or a two-thousand-dollar fine.
Instead of imprisonment, most defendants have the option to serve probation, with restrictions set by the prosecuting attorney, and upon agreement with the defendant and the courts. Misdemeanours can also result in a criminal record. In comparison to infractions, misdemeanour cases can be more complex and may involve several stages, such as arrests, bail hearings, and potentially jury trials. Defendants are entitled to a public defender if they cannot afford an attorney.
Infractions are minor violations of California state law and are not considered to be crimes. They are the least serious type of offence and attract the least severe penalties. Infractions are punishable by a fine or, in some cases, community service. They do not result in jail time or a criminal record. Infractions largely include traffic/moving violations, such as speeding or running a red light, and non-traffic-related offences such as jaywalking or littering.
The process for handling an infraction typically begins when an individual receives a citation from a law enforcement officer, detailing the violation and instructions on how to respond. The individual can either pay the fine or contest the infraction in court. If the individual chooses to pay the fine, the infraction is resolved, and no court appearance is necessary. However, paying the fine is an admission of guilt, and for traffic infractions, it may result in points being added to the individual's driving record, which can lead to increased insurance premiums and even license suspension if too many points accumulate.
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Felonies and punishments
California criminal law is based on the law of the United States, but there are some differences in how the two legal systems prosecute alleged violations of criminal law. California's Penal Code, enacted in 1872, is the foundation for most of the state's criminal law. The state recognizes three categories of crime: felonies, misdemeanors, and infractions.
Felonies are the most serious category of crimes and typically involve the possibility of prison time. Felony penalties in California can include formal probation, at least 16 months in county jail, or at least a year in state prison. However, some lower-level felonies can be punished with incarceration in county jail. The sentence imposed for a felony conviction is determined by a combination of the California Penal Code, the California Rules of Court, and the trial judge's discretion.
During sentencing hearings, judges consider mitigating and aggravating circumstances to determine which of the three statutory sentences to impose. Mitigating circumstances may include the defendant's minor role in the crime or unusual circumstances that are unlikely to recur. Conversely, aggravating circumstances may include the use of a gun or the involvement of a gang, which can significantly increase the sentence.
In some cases, California allows for felony probation, also known as "formal probation," as an alternative to prison. Felony probation typically lasts between three and five years and may include conditions such as reporting to a probation officer, paying restitution, performing community service, and sometimes even some jail time.
It is important to note that California does not divide felonies into classes or categories, and the seriousness of a felony is indicated by the punishment allowed under the law. The lowest possible sentencing range for a felony in California is 16 months, two years, or three years. However, many felonies have their own specific ranges of punishment. For example, first-degree burglary carries a sentence of two, four, or six years, while first-degree murder can result in the death penalty, life imprisonment without parole, or 25 years to life.
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California's Penal Code
California's criminal law generally follows that of the United States, but there are some differences in how alleged violations of criminal law are prosecuted. California's Penal Code, enacted in 1872, forms the basis for most criminal law in the state. It is divided into six parts, most of which are subdivided into chapters and sections.
The Penal Code recognises three categories of crime: felonies, misdemeanours, and infractions. A felony is a serious crime punishable by death or imprisonment. A misdemeanour is a crime punishable by imprisonment in a county or city jail for up to one year, or a fine. An infraction is a public offence, but not a crime, and is punishable by a fine, removal, or disqualification from public office.
Some notable sections of the Penal Code include Section 666, which relates to petty theft, and Section 667, which includes the state's three-strikes law. The California Health and Safety Code contains the state's drug laws, while the Vehicle Code covers provisions affecting motorists, motor vehicles, and traffic matters.
The Penal Code of California also covers criminal procedure, penal institutions, and the execution of sentences. It is important to note that California's criminal law has been amended and revised since its original enactment, and it no longer relies solely on common law definitions of crimes.
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California's drug laws
California's criminal law is largely based on the United States' law, but there are some differences in how the state prosecutes alleged violations of criminal law. California's criminal law previously relied on common law definitions of crimes, as well as the accumulated case law that went back to British common law in post-colonial times.
The most basic drug-related offence in California is the Possession of a Controlled Substance (Health and Safety Code [HSC] § [Section] 11350(a)). This makes it illegal to possess any of a wide array of controlled substances, including illegal drugs and prescription drugs without a valid prescription. If convicted, the punishment is up to one year in county jail and a fine of up to $20,000.
Possession of ecstasy (HSC §11350(a)) is also illegal in California. Ecstasy is a Schedule I drug, meaning it has no accepted medical use. A conviction for felony ecstasy possession is punishable by up to three years in state prison and a fine of up to $20,000.
Health and Safety Code §11351 (Possession for Sale of a Controlled Substance) makes it illegal to possess for sale or purchase for sale a variety of illegal drugs, including Schedule I and II narcotics. Conviction can result in a sentence of up to four years in state prison and a fine of up to $20,000.
Health and Safety Code §11364 (Possession of Paraphernalia) makes it illegal to possess items suspected of facilitating the ingestion of a controlled substance, including cooking spoons and plumbing materials. If found guilty, the punishment is up to six months in county jail, a $1,000 fine, or both.
In California, driving a motor vehicle while intoxicated on alcohol is a misdemeanour, carrying a penalty of up to one year in county jail. However, public intoxication on alcohol is also a misdemeanour and is often not prosecuted, with the offender released after sobering up in jail.
Proposition 36, the "Homelessness, Drug Addiction, and Theft Reduction Act", came into effect on December 18, 2024, reshaping California's approach to drug and theft crimes. It introduced "'wobbler' offences,", which can be charged as either felonies or misdemeanours, depending on various factors. Two new wobbler offences are now defined: possession of a hard drug (including fentanyl, heroin, cocaine, methamphetamine, phencyclidine, and their analogs) with two prior drug-related convictions, and petty theft or shoplifting with two prior theft-related convictions. Proposition 36 also increased penalties for fentanyl trafficking and imposed stricter sentences for drug dealing involving firearms.
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California's gun control laws
California's criminal law generally follows the law of the United States, but there are some differences in how alleged violations of criminal law are prosecuted. California's gun control laws are among the most restrictive in the country. They include a 10-day waiting period at the time of sale, a ban on assault weapons, and limits on who may own a firearm.
Gun laws in California regulate the sale, possession, and use of firearms and ammunition. The state has a comprehensive array of gun laws that seek to ban the illegal use and possession of firearms. California's gun safety laws have been recognised with an "A" rating by the Giffords Law Center to Prevent Gun Violence.
To buy a firearm in California, a buyer must be at least 18 years old and obtain a firearm safety certificate (FSC) by passing a written exam administered by a certified instructor with the California Department of Justice (DOJ). The buyer must also fill out an application to purchase a particular gun, which the firearms dealer electronically submits to the DOJ, which performs a background check on the buyer. During firearm purchases, the buyer must provide personal information for the Dealer's Record of Sale (DROS), a document that the California DOJ will keep. There is a 10-day waiting period between sale and delivery while a background check is conducted. If the California DOJ cannot determine the buyer's eligibility within the initial 10 days, they can delay delivery for as long as a 30-day period. A licensed firearms dealer cannot deliver a gun unless the buyer or transferee performs a safe-handling demonstration in the presence of a certified instructor.
California law prohibits the following persons from possessing firearms:
- Convicted of a felony or any violent offense, including murder, mayhem, rape, attempted murder, arson, robbery, kidnapping, or any other violent felony.
- Convicted of a misdemeanor violation involving assault upon a person with a firearm or machine gun, or with an outstanding warrant for a misdemeanor or any other offense enumerated in Penal Code sections.
- Convicted of inflicting corporal injury on a spouse or significant other after January 1, 2019, who subsequently owns, purchases, receives, or has custody or control of any firearm.
It is a violation of California law for a person who is not licensed as a firearm dealer to transfer a firearm to another unlicensed person without going through a licensed firearm dealer. Such a transfer may be punishable as a misdemeanour or a felony. An illegal firearm purchase can bring a felony conviction sentence of 10 years in jail and/or a fine of up to $2,500. Buying a gun for someone who is prohibited by law from owning one is a state and federal crime. New California residents must report their ownership of firearms to the DOJ or sell/transfer them in accordance with California law within 60 days of bringing the firearm into the state.
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Frequently asked questions
California's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court of California, California Courts of Appeal, and Appellate Divisions of the Superior Courts of California.
The foremost source of state law in California is the Constitution of California. Legislation is enacted within the California Statutes, which have been codified into the 29 California Codes.
California recognizes three categories of crime, distinguishable by the gravity of the offense and severity of punishment: Felonies, Misdemeanors, and Infractions.
Misdemeanors are crimes punishable by imprisonment in a county or city jail or detention facility not exceeding one year. Examples include battery on a peace officer, assault, and indecent exposure.
California has a powerful tradition of popular sovereignty, reflected in the frequent use of initiatives to amend the state constitution. California's drug laws, for instance, are not found within the Penal Code but in a separate enactment, the California Health and Safety Code.
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