California Criminal Law Guides
California Criminal Laws
Plain-English guides to the California laws Rubin Law, P.C. defends every day — DUI, drug crimes, domestic violence, and the statutes behind every charge in Los Angeles County.
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Category 1 of 17
DUI Defense
12 guides
Commercial Driver DUI California
Commercial drivers in California are held to a stricter BAC standard of 0.04% under VC §23152(d). A…
DUI Causing Injury California
DUI causing injury under VC §23153 is a wobbler — it can be charged as either a misdemeanor or…
DUI Checkpoint Laws California
DUI checkpoints are legal in California under strict constitutional rules. You have the right to…
DUI in California
California Vehicle Code §23152 prohibits driving under the influence of alcohol or drugs. A first…
DUI of Drugs California
California law prohibits driving under the influence of any drug — including marijuana,…
DUI Probation Violation California
Violating DUI probation in California — by getting another DUI, missing DUI school, failing to…
Felony DUI California
A DUI becomes a felony in California when it is your fourth offense within 10 years, when it causes…
First DUI Offense California
A first DUI offense in California is a misdemeanor carrying up to 6 months in jail, fines exceeding…
Second DUI Offense California
A second DUI within 10 years in California carries mandatory minimum jail time, an 18-month DUI…
Third DUI Offense California
A third DUI within 10 years in California is a misdemeanor but with significantly enhanced…
Underage DUI California
California has a zero tolerance policy for underage drinking and driving. Drivers under 21 with a…
Watson Murder DUI
When a DUI causes a death and the driver has a prior DUI conviction, California prosecutors can…
Category 2 of 17
Drug Crimes
16 guides
Cocaine Possession California
Cocaine possession under HS §11350 is a misdemeanor in California after Proposition 47. Simple…
Drug Diversion California
Drug Diversion in California — PC §1000 and Proposition 36
Drug Manufacturing California
Drug Manufacturing Laws in California — HS §11379.6
Drug Paraphernalia California
Possession of drug paraphernalia — pipes, syringes, and other equipment used to consume controlled…
Drug Possession California
Drug Possession Laws in California — HS §11350
Drug Sales Near Schools California
Selling or distributing drugs within 1,000 feet of a school, playground, or youth center in…
Drug Trafficking California
Drug Trafficking Laws in California — HS §11352
Fentanyl Laws California
California has enacted enhanced penalties for fentanyl offenses in response to the overdose crisis.…
Heroin Laws California
Heroin Possession and Sales Laws in California — HS §11350
Marijuana Laws California
Marijuana Laws in California After Proposition 64
MDMA Ecstasy Possession California
MDMA (ecstasy, molly) is classified as a Schedule I controlled substance in California. Simple…
Methamphetamine Possession California
Methamphetamine Possession in California — HS §11377
Possession for Sale California
Possession for Sale in California — HS §11351
Possession of Controlled Substance While Armed
Possessing a controlled substance while personally armed with a loaded firearm is a felony under HS…
Prescription Drug Fraud California
Prescription Drug Fraud in California — BPC §4324
Under the Influence of Drugs California
Being Under the Influence of Drugs in California — HS §11550
Category 3 of 17
Domestic Violence
12 guides
Child Abuse Laws California
Child Abuse Laws in California — PC §273a and PC §273d
Child Endangerment California
Child endangerment under PC §273a covers willfully causing or permitting a child to suffer…
Corporal Injury on Spouse California
Corporal Injury on a Spouse or Cohabitant — PC §273.5
Criminal Threats Domestic Violence California
Criminal Threats in Domestic Violence Cases — PC §422
Domestic Battery California
Domestic Battery in California — PC §243(e)(1)
Domestic Violence Laws California
Domestic Violence Laws in California — PC §273.5 and PC §243(e)(1)
Domestic Violence Prefile Intervention
Prefile intervention is contact with the prosecutor before charges are filed to present evidence,…
Domestic Violence Restraining Orders California
Domestic Violence Restraining Orders in California
Elder Abuse California
Elder abuse under PC §368 covers physical abuse, emotional abuse, financial exploitation, and…
Emergency Protective Orders California
An Emergency Protective Order is a short-term restraining order issued by a judge at the request of…
Stalking Laws California
Stalking under PC §646.9 is willfully following, harassing, or threatening another person in a way…
Violation of Protective Order California
Violating a domestic violence restraining order or criminal protective order under PC §273.6 is a…
Category 4 of 17
Assault & Battery
6 guides
Assault and Battery California
Assault and battery are two separate crimes in California. Assault is an attempt to use force.…
Assault with Deadly Weapon California
Assault with a deadly weapon is one of the most seriously charged assault offenses in California.…
Criminal Threats California
Threatening to kill or seriously injure someone in California is a crime under PC §422 even if no…
Gang Enhancement California
The California Street Terrorism Enforcement and Prevention Act (STEP Act) makes it a crime to…
Mayhem California
Mayhem under PC §203 is unlawfully disabling or disfiguring another person. Aggravated mayhem under…
Weapons Charges California
California has some of the strictest weapons laws in the nation. Carrying a concealed firearm,…
Category 5 of 17
Theft & Property
12 guides
Arson California
Arson under PC §451 is the willful and malicious setting fire to any structure, forest land, or…
Burglary California
Burglary in California is entering a structure with intent to commit a crime inside. First degree…
Elder Financial Abuse California
Financial abuse of an elder or dependent adult — taking, hiding, or misusing their money or…
Extortion and Blackmail California
Extortion under PC §518 is obtaining property or doing an official act through threat of injury,…
Grand Theft California
Grand theft under PC §487 is a wobbler — it can be charged as a misdemeanor or felony. Property…
Identity Theft California
Identity theft under PC §530.5 — using another person's personal information for any unlawful…
Receiving Stolen Property California
Buying, selling, or possessing property you know or should know was stolen is a crime in California…
Robbery California
Robbery is theft by force or fear from another person. It is always a felony and always a strike in…
Shoplifting California
Proposition 47 made most shoplifting a misdemeanor in California. But organized retail theft,…
Theft Laws California
California theft laws range from petty theft infractions to grand theft felonies. The value of…
Trespassing California
Trespassing under PC §602 covers entering or remaining on another person's property without…
Vandalism California
Vandalism under PC §594 covers destroying, defacing, or damaging property belonging to another.…
Category 6 of 17
Sex Crimes
10 guides
Child Pornography California
Possession, distribution, or production of child pornography under PC §311 is a felony in…
Human Trafficking California
Human trafficking under PC §236.1 is one of the most seriously prosecuted crimes in California. It…
Indecent Exposure California
Indecent exposure under PC §314 is willfully exposing your genitals in a public place to another…
Lewd Acts with Minor California
Lewd acts with a child under 14 under PC §288(a) is a felony carrying 3–8 years and lifetime sex…
Rape Laws California
Rape under PC §261 is non-consensual sexual intercourse accomplished by force, fear, fraud, or…
Revenge Porn California
Posting intimate images of another person without consent is a crime under PC §647(j)(4). It is a…
Sex Crimes California
California sex crime convictions carry mandatory sex offender registration under PC §290, potential…
Sex Offender Registration California
California's tiered sex offender registration system under PC §290 and SB 384 — who must register,…
Sexual Battery California
Sexual battery under PC §243.4 is non-consensual touching of intimate parts for sexual purposes. It…
Unlawful Sex with Minor California
Statutory rape under PC §261.5 is sexual intercourse with a person under 18 even if consensual.…
Category 7 of 17
Murder & Homicide
6 guides
First Degree Murder California
First degree murder under PC §189 requires premeditation and deliberation. It carries 25 years to…
Homicide Laws California
California homicide law ranges from justifiable homicide with no criminal liability to first degree…
Involuntary Manslaughter California
Involuntary manslaughter is an unintentional killing through gross negligence or during an unlawful…
Second Degree Murder California
Second degree murder carries 15 years to life in state prison. It is murder with malice but without…
Vehicular Manslaughter California
Vehicular manslaughter while intoxicated (PC §191.5) carries up to 10 years. Ordinary vehicular…
Voluntary Manslaughter California
Voluntary manslaughter is a killing in the heat of passion or upon sudden quarrel without malice.…
Category 8 of 17
Weapons
5 guides
Assault Weapon Possession California
Possessing an assault weapon as defined under California law is a felony under PC §30605 carrying…
California Gun Laws
California has the strictest gun laws in the United States. Possession of an assault weapon,…
Carrying a Loaded Firearm California
Carrying a loaded firearm in a public place or on public streets is illegal in California under PC…
Concealed Carry Laws California
Carrying a concealed firearm without a valid CCW permit is a crime under PC §25400. Post-Bruen…
Felon in Possession of Firearm California
A felon who possesses, owns, or controls any firearm in California commits a felony under PC §29800…
Category 9 of 17
Traffic Crimes
6 guides
Driving on Suspended License California
Driving on a suspended or revoked license under VC §14601 is a misdemeanor in California carrying…
Driving Without a License California
Driving without a valid license under VC §12500 is an infraction or misdemeanor depending on…
Evading Police California
Fleeing from police in a vehicle is a crime in California. Misdemeanor evading (VC §2800.1) becomes…
Hit and Run Laws California
California has two hit and run statutes: felony hit and run with injury (VC §20001) and misdemeanor…
Reckless Driving California
Reckless driving under VC §23103 is a criminal offense — not just a traffic ticket. It carries up…
Street Racing California
Street racing and speed contests under VC §23109 carry up to 90 days in jail for a first offense.…
Category 10 of 17
Federal Crimes
6 guides
Federal Drug Charges California
Federal drug charges carry mandatory minimum sentences that can dwarf state penalties. A federal…
Federal Sentencing Guidelines California
Federal sentences in California are calculated using the United States Sentencing Guidelines — a…
Federal vs State Prosecution California
Many crimes in California can be prosecuted in either state or federal court. Federal prosecution…
Federal Weapons Charges California
Federal firearm charges under 18 U.S.C. §922 cover felon in possession, unlicensed dealing, straw…
RICO Charges California
The Racketeer Influenced and Corrupt Organizations Act (RICO) allows federal prosecutors to charge…
Wire Fraud Federal California
Wire fraud under 18 U.S.C. §1343 is one of the most broadly charged federal crimes — covering any…
Category 11 of 17
White Collar & Fraud
9 guides
Check Fraud California
Check fraud under PC §476 covers making, passing, or possessing fictitious or altered checks. It is…
Embezzlement California
Embezzlement is the fraudulent taking of property entrusted to you. In California it is charged…
Forgery California
Forgery under PC §470 covers signing another person's name, altering documents, or presenting…
Fraud by False Pretenses California
PC §532 punishes obtaining money or property through knowingly false representations. Amounts over…
Insurance Fraud California
Insurance fraud under PC §550 covers staging accidents, submitting false claims, and defrauding any…
Money Laundering California
Money laundering — concealing the proceeds of criminal activity through financial transactions — is…
Tax Fraud California
Tax fraud involves intentional violation of tax laws — underreporting income, overstating…
Welfare Fraud California
Welfare fraud under WIC §10980 covers false statements or concealment to obtain CalWORKs, CalFresh,…
White Collar Crimes California
White collar crimes — fraud, embezzlement, money laundering, and financial crimes — are prosecuted…
Category 12 of 17
Juvenile Law
4 guides
Juvenile Delinquency California
California's juvenile justice system handles criminal cases involving minors under 18. A WIC §602…
Juvenile Drug Crimes California
Minors charged with drug crimes in California have access to diversion, informal probation, and…
Minor Tried as Adult California
California law allows minors charged with serious offenses to be transferred to adult criminal…
Sealing Juvenile Records California
Adults who were adjudicated as juveniles can petition to seal their juvenile records under WIC §781…
Category 13 of 17
Sentencing & Penalties
5 guides
California Three Strikes Law
California's Three Strikes law doubles sentences for second strike felonies and mandates 25 years…
Expungement California
California's expungement law under PC §1203.4 allows dismissal of a conviction after probation…
Felony vs Misdemeanor California
The distinction between a felony and a misdemeanor in California affects sentencing, gun rights,…
Probation in California
California has two types of probation: informal (summary) probation for misdemeanors and formal…
Sentencing in California
California uses determinate sentencing for most felonies with three possible terms: low, mid, and…
Category 14 of 17
Criminal Defense Process
11 guides
Arraignment in California
An arraignment is the first formal court appearance where charges are read, a plea is entered, and…
Bail and Bail Hearings California
Bail in California is set at arraignment based on the severity of charges, criminal history, and…
Bench Warrants California
A bench warrant is a judge-issued order authorizing your arrest. In many misdemeanor cases an…
Criminal Trial Process California
A California criminal trial involves jury selection, opening statements, prosecution and defense…
Failure to Appear California
Failing to appear at a scheduled court date is a separate crime under PC §1320 (misdemeanor case)…
Plea Bargaining California
Over 90% of California criminal cases resolve through a plea bargain rather than trial.…
Police Misconduct and False Arrest California
Police misconduct — unlawful searches, excessive force, false arrest, and fabricated evidence —…
Pre-Trial Motions California
Pre-trial motions can suppress illegally obtained evidence, dismiss charges for constitutional…
Preliminary Hearing California
The preliminary hearing is a critical stage in California felony cases. The prosecution must show…
Sentencing Hearing California
After a guilty verdict or plea, the sentencing hearing determines how much time a defendant serves.…
What Happens After an Arrest in California
The hours and days after an arrest in California are critical. From booking and bail to arraignment…
Category 15 of 17
Post-Conviction Relief
6 guides
Certificate of Rehabilitation California
A Certificate of Rehabilitation is a court order declaring rehabilitation for people who served…
Early Termination of Probation California
California Penal Code §1203.3 allows defendants to petition for early termination of probation.…
How to Expunge a Record in California
Expungement under PC §1203.4 dismisses a conviction after probation is completed. It is the most…
Reducing Felony to Misdemeanor California
California Penal Code §17(b) allows the court to reduce certain felony convictions to misdemeanors.…
Restoring Gun Rights California
A felony conviction in California results in a lifetime firearm prohibition under PC §29800.…
Sealing Arrest Records California
An arrest that did not result in conviction can be sealed and destroyed under California law. A…
Category 16 of 17
Immigration & Criminal Law
4 guides
Aggravated Felony Immigration California
An aggravated felony conviction under federal immigration law results in mandatory deportation with…
Crimes of Moral Turpitude California
A conviction for a crime of moral turpitude (CIMT) can make a non-citizen deportable or…
How Criminal Charges Affect Immigration
A criminal conviction — even a misdemeanor — can result in deportation, inadmissibility, or…
Vacating Convictions for Immigration Relief California
California Penal Code §1473.7 allows non-citizens to vacate criminal convictions that were entered…
Category 17 of 17
Specific Penal Codes
19 guides
Accessory After the Fact California
PC §32 punishes anyone who, after a felony has been committed, harbors, conceals, or aids the…
Aiding and Abetting California
Under PC §31 anyone who aids, abets, counsels, or encourages a crime is equally liable as the…
Bribery California
Bribery of public officials under PC §67 (giving) and PC §68 (receiving) are felonies carrying 2–4…
Carjacking California
Carjacking under PC §215 is taking a vehicle from another person by force or fear. It is always a…
Conspiracy California
Conspiracy under PC §182 punishes an agreement between two or more people to commit a crime, plus…
Disorderly Conduct California
California's disorderly conduct statute PC §647 covers a broad range of conduct including…
Disturbing the Peace California
Disturbing the peace under PC §415 covers unlawful fighting, making unreasonable noise, and using…
Embezzlement by Public Officer California
Public officials who embezzle public funds under PC §504 face felony charges regardless of the…
False Imprisonment California
False imprisonment under PC §236 is the unlawful violation of another person's personal liberty —…
Gambling Laws California
PC §330 prohibits banked or percentage card games and other games of chance played for money…
Hate Crime Laws California
California hate crime laws enhance penalties when crimes are motivated by bias against race,…
Kidnapping California
Kidnapping under PC §207 carries 3–8 years in state prison. Aggravated kidnapping — for ransom,…
Loitering California
California has several loitering statutes targeting loitering at schools (PC §653b), loitering to…
Perjury California
Perjury under PC §118 is willfully making a false statement under oath in a legal proceeding. It is…
Possession of Burglary Tools California
PC §466 makes it a misdemeanor to possess picklocks, crowbars, slim jims, or similar tools with…
Prostitution California
PC §647(b) punishes engaging in, soliciting, or agreeing to prostitution. All parties — including…
Public Intoxication California
Public intoxication under PC §647(f) is being so intoxicated in a public place that you are unable…
Resisting Arrest California
Resisting, delaying, or obstructing a peace officer under PC §148(a)(1) is a misdemeanor carrying…
Solicitation California
PC §653f punishes soliciting another person to commit certain serious felonies — including murder,…
Understanding California Law
What Are California Criminal Laws?
California criminal laws are the statutes that define what conduct is illegal in the state, what the prosecution must prove to convict, and what penalties a judge can impose. They are spread across several codes — the Penal Code (PC), Vehicle Code (VC), and Health & Safety Code (HS) contain the vast majority of the offenses filed in Los Angeles County criminal courts.
Each guide on this page focuses on a real charge Rubin Law, P.C. defends: what the statute actually requires, the elements the prosecution has to prove beyond a reasonable doubt, the realistic penalty range for a first offense versus a prior record, and the defense strategies that actually work in LA County courtrooms.
If you have been arrested or charged, the specific statute on your paperwork controls almost everything about your case — bail, custody status, immigration exposure, gun rights, and licensing consequences. Reading the guide for your charge is the fastest way to understand what you are actually facing.
California DUI laws under VC §23152 — first offenses, felony DUI, DUI with injury, DMV hearings, and more.
California drug possession, trafficking, and paraphernalia laws under the Health & Safety Code.
California domestic violence laws under PC §273.5 and PC §243(e)(1) — penalties, protective orders, defenses.
California theft, burglary, robbery, and property crime laws under PC §484, §487, §459, and §211.
California assault, battery, weapons, and violent crime laws under PC §240, §242, §245, and §422.
California sex crime statutes, sex offender registration under PC §290, and defenses to serious felony filings.
California homicide laws — first- and second-degree murder, manslaughter, and vehicular manslaughter under PC §187, §192, and §191.5.
California firearm and weapons laws — concealed carry, felon in possession, assault weapons, and loaded firearm charges under PC §25400, §29800, §30605, and §25850.
California criminal traffic offenses — hit and run, reckless driving, evading, street racing, and driving on a suspended license under VC §20001, §23103, §23109, §2800.2, and §14601.
California white collar crime — insurance fraud, embezzlement, tax fraud, and money laundering under PC §550, §503, and §186.10.
California juvenile delinquency law — WIC §602 petitions, fitness hearings, record sealing, and defense of minors charged in juvenile court.
California sentencing law — Three Strikes, expungement, probation, and determinate sentencing under PC §667, §1170, and §1203.4.
How a California criminal case moves from arrest through arraignment, preliminary hearing, motions, trial, and sentencing.
California post-conviction options — expungement, PC §17(b) reductions, record sealing, early termination of probation, and Certificates of Rehabilitation.
Federal criminal defense in California — drug trafficking, wire fraud, RICO, federal weapons, and sentencing under the U.S.S.G.
Crimmigration defense for non-citizens — CIMTs, aggravated felonies, plea alternatives, and PC §1473.7 vacatur motions.
In-depth guides to frequently charged California Penal Code sections — resisting arrest, kidnapping, carjacking, perjury, hate crimes, and more.
If You've Been Charged
How to Read the Law on Your Charging Document
Every criminal charge in California is filed under a specific statute. Here is how to decode yours and figure out what it really means for your case.
Find the Statute
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