Criminal penalties in California
Checked in October 2026 against the California Penal Code and Vehicle Code (2025).
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How California sets penalties
- Most California felonies carry three possible terms written into the statute, a lower, a middle and an upper term (for example 2, 4 or 6 years). The court chooses among them.
- Some crimes are 'wobblers': the prosecutor or judge can treat them as a felony or as a misdemeanor. Where this applies, the range starts at a county-jail term.
- Some felonies are served in county jail, not state prison (§ 1170(h)). The statutes call this 'imprisonment pursuant to subdivision (h) of Section 1170', which is a term of 16 months, 2 years or 3 years unless the offence says otherwise (§ 18).
- Where an offence sets no fine, a felony fine may be up to $10,000 and a misdemeanor fine up to $1,000 (§ 672). California also adds mandatory restitution and other charges that are not shown here.
Death penalty: California's law allows a sentence of death for first-degree murder with a special circumstance (§§ 190 and 190.2). Executions have been on hold under a governor's order since 2019. Check the current position.
First-degree murder
25 years to life, or life without parole, or death
Murder in the first degree (Felony)
- Least
- 25 years to life
- Most
- Death; or life in prison without the possibility of parole; or 25 years to life
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
With a special circumstance found true (§ 190.2), the sentence is death or life without parole. The penalty is decided under §§ 190.1 to 190.4.
Second-degree murder
15 years to life (more in some cases)
Murder in the second degree (Felony)
- Least
- 15 years to life
- Most
- Life. The term is 15 years to life; 20 years to life if the killing was by shooting from a vehicle; 25 years to life if the victim was a peace officer in the line of duty; and life without parole in a narrower case involving a peace officer
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Voluntary manslaughter
3, 6 or 11 years
Voluntary manslaughter (Felony)
- Least
- 3 years
- Most
- 11 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 6 or 11. The court chooses among them. Involuntary manslaughter is 2, 3 or 4 years (§ 193(b)).
Robbery
2 to 5 years (second degree) up to 3 to 9 years (first degree)
Robbery in the second degree (Felony)
- Least
- 2 years
- Most
- 5 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 2, 3 or 5. The court chooses among them.
Robbery in the first degree (Felony)
- Least
- 3 years
- Most
- 9 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
3, 4 or 6 years in most first-degree cases. If the defendant acted in concert with two or more others inside an inhabited dwelling or similar place, it is 3, 6 or 9 years.
Burglary
No minimum, up to 1 year (second degree) up to 2 to 6 years (first degree)
Burglary in the second degree (Wobbler: felony or misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in county jail, or a felony term served under § 1170(h) (16 months, 2 or 3 years)
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Burglary in the first degree (of an inhabited dwelling) (Felony)
- Least
- 2 years
- Most
- 6 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 2, 4 or 6. The court chooses among them.
Arson
16 months to 3 years (property) up to 5 to 9 years (causing great bodily injury)
Arson of property (Felony)
- Least
- 16 months
- Most
- 3 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 16 months, 2 years or 3 years. The court chooses among them.
Arson of a structure or forest land (Felony)
- Least
- 2 years
- Most
- 6 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 2, 4 or 6. The court chooses among them.
Arson that causes an inhabited structure or property to burn (Felony)
- Least
- 3 years
- Most
- 8 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 5 or 8. The court chooses among them.
Arson that causes great bodily injury (Felony)
- Least
- 5 years
- Most
- 9 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 5, 7 or 9. The court chooses among them.
Aggravated assault
No minimum, up to 4 years (a deadly weapon) up to 4 to 12 years (a machinegun or assault weapon)
Assault with a deadly weapon (not a firearm), or by force likely to produce great bodily injury (Wobbler: felony or misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 4 years in state prison, or up to 1 year in county jail
- Fine
- Fine of up to $10,000
State prison term of 2, 3 or 4 years; or county jail up to 1 year; or a fine of up to $10,000; or both fine and imprisonment.
Assault with a firearm (Wobbler: felony or misdemeanor)
- Least
- 6 months in county jail, or 2 years in state prison
- Most
- 4 years in state prison, or 1 year in county jail
- Fine
- Fine of up to $10,000
State prison for 2, 3 or 4 years, or county jail for not less than 6 months and not more than 1 year, or both a fine of up to $10,000 and imprisonment.
Assault with a semiautomatic firearm (Felony)
- Least
- 3 years
- Most
- 9 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 6 or 9. The court chooses among them.
Assault with a machinegun, an assault weapon or a .50 BMG rifle (Felony)
- Least
- 4 years
- Most
- 12 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 4, 8 or 12. The court chooses among them.
California calls this 'assault with a deadly weapon' or 'assault by force likely to produce great bodily injury' (§ 245). It is a wobbler in the lower forms.
Rape and sexual assault
3 to 8 years (rape), and 15 or 25 years to life in aggravated cases
Rape (Felony)
- Least
- 3 years
- Most
- 8 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 6 or 8. The court chooses among them.
Rape of a child under 14 (by force, violence or fear) (Felony)
- Least
- 9 years
- Most
- 13 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 9, 11 or 13. The court chooses among them.
Rape under the 'one strike' law (aggravating circumstances) (Felony)
- Least
- 15 years to life
- Most
- 25 years to life
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Applies where the listed circumstances are found, such as using a weapon, causing serious injury or committing the offence against more than one victim.
Kidnapping
3 to 8 years, up to life, with or without parole
Kidnapping (Felony)
- Least
- 3 years
- Most
- 8 years
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Three possible terms set by the statute: 3, 5 or 8. The court chooses among them. If the victim was under 14: 5, 8 or 11 years (§ 208(b)).
Kidnapping to commit robbery, rape or certain other crimes (Felony)
- Least
- Life with the possibility of parole
- Most
- Life with the possibility of parole
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Kidnapping for ransom, reward or extortion (Felony)
- Least
- Life with the possibility of parole
- Most
- Life without the possibility of parole
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Life without parole if the victim suffers death or bodily harm, or is confined in a way that exposes them to a substantial likelihood of death. Otherwise life with the possibility of parole.
Embezzlement
Up to 6 months (petty theft) to up to 3 years (grand theft)
Petty theft (embezzlement of a small amount) (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 6 months in county jail
- Fine
- Fine of up to $1,000
Grand theft (embezzlement over the statutory value limit) (Wobbler: felony or misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in county jail, or a felony term served under § 1170(h) (16 months, 2 or 3 years)
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
California punishes embezzlement as theft of the value or kind embezzled (§ 514). Embezzlement of public funds is a felony punished in state prison.
Forgery
Up to 1 year (small cheque or note) to 16 months to 3 years
Forgery of a cheque, note or similar instrument of small value (Misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in county jail
- Fine
- Fine of up to $1,000
For a cheque, bond, note or money order not over the statutory small-value limit. A felony term may apply to a person with certain prior convictions.
Forgery (Wobbler: felony or misdemeanor)
- Least
- No minimum term set by the statute
- Most
- Up to 1 year in county jail, or a felony term served under § 1170(h) (16 months, 2 or 3 years)
- Fine
- Fine of up to $10,000, where the offence sets no fine (§ 672)
Drunk driving, first offence
At least 96 hours in jail, up to 6 months, and a fine
Driving under the influence, first offence (Misdemeanor)
- Least
- At least 96 hours in county jail (at least 48 of them continuous)
- Most
- Up to 6 months in county jail
- Fine
- Fine of $390 to $1,000, plus penalty assessments
Probation, a licence suspension and further requirements commonly follow (§ 23536(b)).
Compare with: Iowa, Arizona, New York, Florida, Texas, Virginia, Washington, Maryland.
