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Charges and sentences

Felony and misdemeanor classes in California

California does not grade crimes by class or degree. A crime is a felony, a misdemeanor or an infraction, and most penalties are set offense by offense. Many crimes are "wobblers" that can be charged as either a felony or a misdemeanor.1

Checked October 29, 2026 against California's own statutes, then by a second reader. General information, not legal advice.

What makes it a felony
In California, a felony is a crime punishable by death, by state prison, or by a county jail term under Penal Code § 1170(h). Every other crime is a misdemeanor unless it is classified as an infraction.1
Felony theft starts at
More than $950How theft is graded
When a DUI is a felony
A DUI committed within 10 years of three or more separate violations that resulted in convictions (DUI, DUI causing injury, or alcohol-related reckless driving, often called "wet reckless") can be punished as a felony (a wobbler): either under Penal Code § 1170(h) or in county jail for 180 days to 1 year. A DUI within 10 years of an earlier DUI that was punished as a felony can also be punished as a felony, and so can a DUI after a conviction for vehicular manslaughter while intoxicated. Starting Jan. 1, 2027, under AB 1546, a third DUI within 10 years can also be punished as a felony (a wobbler), a fourth stays a wobbler, and a DUI within 10 years of four or more earlier violations is a felony under § 1170(h).2

Felony categories in California

Felony categories in California, with prison ranges and fines
ClassPrisonThe law
Felony (default sentence)16 months, 2 years or 3 yearsThis default applies only when the law that defines the crime sets no other punishment. Most felonies set their own range, and some are served in county jail under § 1170(h).Cal. Penal Code § 18(a)3

Misdemeanor classes in California

Misdemeanor classes in California, with jail ranges and fines
ClassJailFineThe law
Misdemeanor (default sentence)Up to 6 monthsThis default applies only when the law that defines the crime sets no other punishment. The sentence can be jail, a fine or both.Up to $1,000Cal. Penal Code § 196

Below a misdemeanor

Non-criminal offenses in California
ClassPenaltyThe law
InfractionNo jail. Fine of up to $250 unless the law sets a different punishment.An infraction is not punishable by imprisonment (§ 19.6).Cal. Penal Code §§ 19.6, 19.8(b)7

Good to know

A crime that the law allows to be punished either as a felony or as a misdemeanor is called a "wobbler." Under § 17(b), a wobbler becomes a misdemeanor for all purposes in specific situations, such as when the judge imposes a sentence other than state prison or county jail under § 1170(h), when the court grants probation and declares it a misdemeanor, or when the prosecutor files it as a misdemeanor and the defendant does not object.1

California has no felony classes or degrees. Penal Code § 18 supplies a default term only when the law defining a crime sets none, so a reader needs the specific statute to know a crime's penalty.3

A new law, AB 1546 (Chapter 444, Statutes of 2026), takes effect Jan. 1, 2027. Today a third DUI within 10 years carries 120 days to 1 year in county jail; under the new law it can be punished as either a felony or a misdemeanor. A fourth DUI within 10 years stays a wobbler, and a DUI within 10 years of four or more earlier violations becomes a felony.4

When theft is a felony in California

In California, theft of property worth more than $950 is grand theft, which can be charged as a felony or a misdemeanor (a wobbler). Theft of $950 or less is petty theft and is usually a misdemeanor. Under Proposition 36 (in effect Dec. 18, 2024), petty theft or shoplifting can be punished as a felony if the person has two or more prior convictions for listed offenses, such as theft, burglary, robbery, carjacking or receiving stolen property: the sentence can be up to a year in county jail or a felony term under § 1170(h). Petty theft can also be punished under § 1170(h) for a person with certain serious prior convictions or a sex-offense registration requirement. Theft of a firearm is handled separately.5

Cal. Penal Code §§ 487(a), 489(c), 490.2, 666.1 · Felony theft amounts in every state

DUI in California

California's Vehicle Code makes it unlawful to drive under the influence (Veh. Code § 23152) and to drive under the influence and cause injury (§ 23153). It is commonly called DUI.

Repeat offenses
A DUI committed within 10 years of three or more separate violations that resulted in convictions (DUI, DUI causing injury, or alcohol-related reckless driving, often called "wet reckless") can be punished as a felony (a wobbler): either under Penal Code § 1170(h) or in county jail for 180 days to 1 year. A DUI within 10 years of an earlier DUI that was punished as a felony can also be punished as a felony, and so can a DUI after a conviction for vehicular manslaughter while intoxicated. Starting Jan. 1, 2027, under AB 1546, a third DUI within 10 years can also be punished as a felony (a wobbler), a fourth stays a wobbler, and a DUI within 10 years of four or more earlier violations is a felony under § 1170(h).
Which past offenses count
10 years. A prior conviction for gross vehicular manslaughter while intoxicated (Penal Code § 191.5(a)), a felony conviction under § 191.5(b), or a conviction under § 192.5(a) counts with no time limit.
Other felony versions
DUI that causes bodily injury (§ 23153) can be punished with state prison or with 90 days to 1 year in county jail, even for a first offense. DUI that kills someone can be charged as gross vehicular manslaughter while intoxicated, which carries 4, 6 or 10 years in state prison (Penal Code § 191.5).

Cal. Veh. Code §§ 23546, 23550, 23550.5, 23554; Cal. Penal Code § 191.5; Stats. 2026, ch. 444 (AB 1546)2 · Felony DUI rules in every state

After a conviction

Common questions

What is a felony in California?

In California, a felony is a crime punishable by death, by state prison, or by a county jail term under Penal Code § 1170(h). Every other crime is a misdemeanor unless it is classified as an infraction.

What is a felony (default sentence) in California?

In California, the prison range for a felony (default sentence) is 16 months, 2 years or 3 years. This default applies only when the law that defines the crime sets no other punishment. Most felonies set their own range, and some are served in county jail under § 1170(h).

What is a misdemeanor (default sentence) in California?

In California, the jail range for a misdemeanor (default sentence) is up to 6 months, and the fine is up to $1,000. This default applies only when the law that defines the crime sets no other punishment. The sentence can be jail, a fine or both.

How much theft is a felony in California?

In California, theft of property worth more than $950 is grand theft, which can be charged as a felony or a misdemeanor (a wobbler). Theft of $950 or less is petty theft and is usually a misdemeanor. Under Proposition 36 (in effect Dec. 18, 2024), petty theft or shoplifting can be punished as a felony if the person has two or more prior convictions for listed offenses, such as theft, burglary, robbery, carjacking or receiving stolen property: the sentence can be up to a year in county jail or a felony term under § 1170(h). Petty theft can also be punished under § 1170(h) for a person with certain serious prior convictions or a sex-offense registration requirement. Theft of a firearm is handled separately.

Is a DUI a felony in California?

A DUI committed within 10 years of three or more separate violations that resulted in convictions (DUI, DUI causing injury, or alcohol-related reckless driving, often called "wet reckless") can be punished as a felony (a wobbler): either under Penal Code § 1170(h) or in county jail for 180 days to 1 year. A DUI within 10 years of an earlier DUI that was punished as a felony can also be punished as a felony, and so can a DUI after a conviction for vehicular manslaughter while intoxicated. Starting Jan. 1, 2027, under AB 1546, a third DUI within 10 years can also be punished as a felony (a wobbler), a fourth stays a wobbler, and a DUI within 10 years of four or more earlier violations is a felony under § 1170(h). DUI that causes bodily injury (§ 23153) can be punished with state prison or with 90 days to 1 year in county jail, even for a first offense. DUI that kills someone can be charged as gross vehicular manslaughter while intoxicated, which carries 4, 6 or 10 years in state prison (Penal Code § 191.5).

These are the general ranges in California's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.

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Cite this page

Second Chance Index, "Felony and misdemeanor classes in California" https://secondchanceindex.com/felony-classes/california, checked October 29, 2026.

Sources

Each source was opened and checked on October 29, 2026.

  1. Cal. Penal Code § 17(a)
  2. Cal. Veh. Code §§ 23546, 23550, 23550.5, 23554; Cal. Penal Code § 191.5; Stats. 2026, ch. 444 (AB 1546)
  3. Cal. Penal Code § 18
  4. Stats. 2026, ch. 444 (AB 1546), amending Cal. Veh. Code §§ 23546, 23550; Cal. Const. art. IV, § 8(c)(1)
  5. Cal. Penal Code §§ 487(a), 489(c), 490.2, 666.1
  6. California Penal Code § 19California Legislative Information (leginfo.legislature.ca.gov)
  7. California Penal Code § 19.6California Legislative Information (leginfo.legislature.ca.gov)
  8. California Penal Code § 19.8California Legislative Information (leginfo.legislature.ca.gov)
  9. California Penal Code § 489California Legislative Information (leginfo.legislature.ca.gov)
  10. California Penal Code § 490.2California Legislative Information (leginfo.legislature.ca.gov)
  11. California Penal Code § 666.1California Legislative Information (leginfo.legislature.ca.gov)
  12. California Penal Code § 191.5California Legislative Information (leginfo.legislature.ca.gov)
  13. California Vehicle Code § 23546California Legislative Information (leginfo.legislature.ca.gov)
  14. California Vehicle Code § 23550.5California Legislative Information (leginfo.legislature.ca.gov)
  15. California Vehicle Code § 23554California Legislative Information (leginfo.legislature.ca.gov)
  16. California Vehicle Code § 23153California Legislative Information (leginfo.legislature.ca.gov)
  17. California Constitution, Article IV, Section 8California Legislative Information (leginfo.legislature.ca.gov)