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, Minnesota, Maine, South Carolina, Delaware, North Dakota, South Dakota, Alabama, Alaska, North Carolina, Ohio, Michigan, Massachusetts, Missouri, Nebraska, Vermont, West Virginia, Nevada, Montana, Idaho, New Hampshire, Rhode Island, Colorado, Pennsylvania, Illinois, Connecticut.
