Understanding Criminal Charges in California
Whether you are facing charges for the first time or trying to understand the system on behalf of a loved one, this guide explains how criminal charges work in California — from arrest through sentencing and beyond.
This guide is educational and does not constitute legal advice. California law changes frequently, and outcomes depend on the specific facts of each case.
Types of Criminal Charges in California
California law classifies criminal offenses into three primary categories — infractions, misdemeanors, and felonies — plus a hybrid category known as "wobblers." Understanding which category applies to your charges is the first step in understanding potential penalties and your legal options.
Fine only — no jail time
- Speeding tickets
- Minor traffic violations
- Jaywalking
Up to 1 year in county jail
- Petty theft
- Simple DUI (first offense)
- Trespass
- Disorderly conduct
More than 1 year — state prison
- Robbery
- Burglary
- Drug trafficking
- Felony DUI with injury
Charged as either felony or misdemeanor
- Grand theft
- Assault with deadly weapon
- Forgery
- Elder abuse
Key distinction: Misdemeanors are served in county jail; felonies are served in state prison. This affects many collateral consequences — including professional licensing, housing applications, and immigration status.
California criminal courts handle hundreds of thousands of cases each year
Your Constitutional Rights When Facing Criminal Charges
The U.S. Constitution and the California Constitution provide overlapping protections for individuals accused of crimes. Many criminal defense strategies are built entirely around whether law enforcement respected these rights.
Protection from Unreasonable Search & Seizure
Police generally need a warrant, consent, or an established exception to search your home, car, or person. Evidence obtained through an illegal search may be suppressed — making it inadmissible at trial.
Learn moreRight to Remain Silent
You cannot be compelled to testify against yourself. This right applies from the moment of arrest. Anything you say voluntarily can be used against you — even before Miranda warnings are given.
Learn moreRight to Legal Counsel
You have the right to an attorney at all critical stages of a criminal proceeding, from interrogation through trial. If you cannot afford one, the court must appoint a public defender.
Right to a Speedy & Public Trial
In California, misdemeanor defendants must be brought to trial within 30 days of arraignment (if in custody) or 45 days (if out of custody). Felony defendants generally have 60 days.
Due Process & Equal Protection
The government must follow fair procedures before depriving you of liberty. Evidence must be disclosed, hearings must be conducted fairly, and charges must be supported by probable cause.
The Criminal Court Process in California
Most California criminal cases follow the same procedural path. Understanding each stage helps you know what to expect and how decisions made early in the process affect all later stages.
01.Investigation or Arrest
Law enforcement investigates or makes a warrantless arrest. You have the right to remain silent and request an attorney immediately.
Do not speak to police without an attorney present.
02.Booking & Bail
You are fingerprinted, photographed, and held in custody. Bail is set per the county schedule or denied for serious charges.
A bail bondsman typically charges 10% of the bail amount as a non-refundable fee.
03.Arraignment
Your first court appearance. Charges are formally read, and you enter a plea of guilty, not guilty, or no contest.
Almost always plead not guilty at arraignment — this preserves all your options.
04.Pretrial / Discovery
Your attorney reviews all evidence, files motions to suppress unlawfully obtained evidence, and negotiates with prosecutors.
Most cases resolve at this stage through plea agreements or dismissals.
05.Preliminary Hearing (Felonies)
The prosecution must show probable cause that you committed the charged felony. This is a key opportunity to challenge weak evidence.
Applies to felony cases only — misdemeanors skip this step.
06.Trial
If no agreement is reached, the case goes to a jury or bench trial. The prosecution must prove every element beyond a reasonable doubt.
Less than 5% of criminal cases in California go to trial.
07.Sentencing
If convicted, the judge imposes a sentence per California's Determinate Sentencing Law, considering aggravating and mitigating factors.
Many sentences include probation, fines, or alternative sentencing instead of prison.
08.Post-Conviction Relief
Options may include appeals, expungement under PC 1203.4, reduction of felony to misdemeanor under PC 17(b), or record sealing.
Even a conviction is not always the end — post-conviction relief options can restore your record.
Common Criminal Charges by Category
California criminal law spans hundreds of specific offenses. Below are the major categories with links to dedicated practice area guides covering charges, penalties, and defense strategies in detail.
- First DUI (VC 23152)
- DUI with Injury (VC 23153)
- Felony DUI
- Wet Reckless (VC 23103.5)
Separate DMV and criminal proceedings
Related: DUI Arrest Timeline- Possession (HS 11350)
- Possession for Sale (HS 11351)
- Drug Trafficking (HS 11352)
- Cultivation & Manufacturing
Diversion may be available for first offenses
Related: Drug Diversion Programs- Domestic Battery (PC 243(e)(1))
- Corporal Injury (PC 273.5)
- Criminal Threats (PC 422)
- Violation of Protective Order
Mandatory arrest policies apply in California
Related: False DV Accusations- Assault (PC 240)
- Battery (PC 242)
- Assault w/ Deadly Weapon (PC 245)
- Robbery (PC 211)
Strike offenses trigger enhanced sentencing
Related: Three Strikes Law- Petty Theft (PC 484)
- Grand Theft (PC 487)
- Burglary (PC 459)
- Identity Theft (PC 530.5)
$950 threshold separates petty from grand theft
Related: Petty vs Grand Theft- Wobbler Offenses (PC 17)
- Three Strikes Enhancements
- Formal vs Summary Probation
- Mandatory Minimums
Wobbler charges can be reduced with good strategy
Related: What is a Wobbler?
Long-Term Consequences of a Criminal Conviction
A criminal conviction in California affects far more than just the immediate sentence. These collateral consequences can persist for years — or permanently — making an aggressive defense strategy critically important from the very start.
Employers can see criminal convictions on background checks. Certain industries (healthcare, education, finance) have strict licensing restrictions.
Landlords may deny rental applications based on criminal history. Federally subsidized housing has additional restrictions.
Non-citizens face deportation risk for certain convictions. Aggravated felonies and crimes of moral turpitude carry the highest risk.
Felony convictions may result in loss of voting rights (temporarily), firearm rights, and jury service eligibility.
Doctors, lawyers, nurses, contractors, and other licensed professionals face mandatory reporting and license review boards.
Prior convictions can enhance penalties on future charges, and strike offenses trigger California's Three Strikes sentencing law.
Post-Conviction Relief in California
A conviction is not always permanent. California law provides several pathways to reduce, dismiss, or seal a criminal record after sentencing requirements are met.
Expungement (PC 1203.4)
After completing probation, many misdemeanor and felony convictions can be dismissed. The conviction is not erased, but most employers cannot use it against you.
Felony Reduction to Misdemeanor (PC 17(b))
Wobbler felony convictions can be reduced to misdemeanors at sentencing, at the end of probation, or by petition to the court — restoring firearm rights and other civil rights.
Arrest Record Sealing (PC 851.91)
If you were arrested but not convicted, or charges were dismissed, you may petition to seal the arrest record so it does not appear on background checks.
Certificate of Rehabilitation
For individuals with serious felony convictions, this certificate is an official finding of rehabilitation and can serve as an application for a Governor's pardon.
Proposition 47 Resentencing
If convicted of a felony that was reclassified as a misdemeanor under Prop 47 (certain drug and theft offenses), you may petition for resentencing and reclassification.
Explore by Practice Area
Each practice area below has a dedicated defense guide with charges, penalties, and strategies specific to that offense type.
Frequently Asked Questions
Q.What is the difference between a misdemeanor and a felony in California?
A misdemeanor is punishable by up to one year in county jail. A felony carries more than one year and is served in state prison. The distinction affects your rights, immigration status, and future employment.
Q.Can charges be dropped before trial?
Yes. Charges can be dismissed if the prosecution lacks sufficient evidence, evidence is suppressed due to a constitutional violation, the defendant completes a diversion program, or the alleged victim declines to cooperate.
Q.What does 'beyond a reasonable doubt' mean?
It is the highest standard of proof in the legal system. The prosecution must eliminate reasonable doubt about every element of the charge — not just show it is probable or likely.
Q.Do I have to talk to police in California?
No. You have a Fifth Amendment right to remain silent. You must provide your name if lawfully detained, but you are not required to answer questions or consent to searches.
Q.What is a 'wobbler' offense?
A wobbler is a crime that can be charged as either a felony or misdemeanor at the prosecutor's discretion. The charge level depends on your criminal history and the facts of the case. Common wobblers include grand theft and assault with a deadly weapon.
Q.Can a criminal conviction be expunged in California?
Many convictions are eligible for expungement under PC 1203.4 after completing probation. Expungement does not erase the record entirely but dismisses the conviction for most purposes, including employment background checks.
Official California Legal Resources
Facing criminal charges in California?
Every case is different. An experienced criminal defense attorney can evaluate your specific situation, identify weaknesses in the prosecution's case, and advise you on your best options.