California Penal Code §1320 — Failure to Appear on Own Recognizance
Willful failure to appear as required after O.R. release — misdemeanor when underlying charge was misdemeanor; felony when underlying charge was felony.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Failure to Appear on Own Recognizance Cases in All LA County Courts
01 — Quick Facts
PC §1320 — Failure to Appear on Own Recognizance at a Glance
| Fact | Detail |
|---|---|
| Code | PC §1320 |
| Classification | Wobbler (based on underlying) |
| Misdemeanor Term | Up to 6 mo county jail + $1,000 fine |
| Felony Term | 16m, 2, or 3 yrs (§1170(h)) |
| Strike | No |
| Intent-to-Evade | Rebuttable presumption if not appearing within 14 days |
01 — What Is PC §1320?
What Is California Penal Code §1320?
PC §1320 Reads:
"(a) Every person who is charged with or convicted of the commission of a misdemeanor who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a misdemeanor. (b) Every person who is charged with or convicted of the commission of a felony who is released from custody on his or her own recognizance and who in order to evade the process of the court willfully fails to appear as required, is guilty of a felony, and, upon conviction, shall be punished by a fine not exceeding $5,000 or by imprisonment pursuant to §1170(h), or in a county jail for not more than one year, or by both that fine and imprisonment."
— Penal Code §1320(a) & (b)
PC §1320 punishes willful failure to appear after own-recognizance (O.R.) release with intent to evade court process. Classification tracks the underlying case: misdemeanor underlying = §1320(a) misdemeanor; felony underlying = §1320(b) felony with §1170(h) county-jail term.
Intent-to-Evade Presumption
PC §1320(c) creates a rebuttable presumption that failure to appear within 14 days of the required appearance was intended to evade court process. This shifts the practical burden to defendant to show excusable neglect.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §1320
The prosecution must prove:
O.R. Release
Defendant was released on own recognizance pursuant to §1318 or similar authority.
Willful Failure to Appear
Defendant willfully failed to appear as required.
Intent to Evade Court Process
Failure was with intent to evade court process.
Charged With / Convicted Of Offense
Defendant was charged with (or convicted of) an underlying offense.
04 — Penalties
Penalties for PC §1320 Failure to Appear on Own Recognizance in California
§1320 tracks the underlying-case classification.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §1320(a) — Misdemeanor Underlying | PC §1320(a) | Up to 6 mo county jail + $1,000 fine | Available | No |
| §1320(b) — Felony Underlying | PC §1320(b) | 16m, 2, or 3 yrs county jail (§1170(h)) + $5,000 fine | Available | No |
| Concurrent §978.5 (Bench Warrant) | PC §978.5 | Bench warrant on underlying — extradition risk | N/A | N/A |
| Concurrent §166 (Contempt) | PC §166 | Up to 6 mo county jail | Available | No |
Related Consequences
14-Day Presumption
PC §1320(c)
Failure to appear within 14 days creates rebuttable presumption of intent to evade.
Bail Enhancement
PC §1275
Prior §1320 conviction results in higher bail on future cases.
O.R. Ineligibility
PC §1270.1
Prior FTA disqualifies for O.R. release on future cases.
Consecutive Sentencing
PC §1320(d)
§1320 sentence must run consecutively to the underlying-case sentence.
Collateral Consequences
- Consecutive sentence required (§1320(d))
- Bench warrant with statewide extradition
- Bail-schedule enhancement (§1275)
- O.R. release ineligibility on future cases (§1270.1)
- Immigration bond impact
- Firearm ban if felony conviction (§29800)
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §1320 Failure to Appear on Own Recognizance Charges
§1320 requires willfulness AND intent to evade — attack both elements.
No Willfulness
Hospitalization, incarceration in another jurisdiction, family emergency, or genuine forgetfulness.
Intent
Rebut 14-Day Presumption
Prompt self-surrender within 14 days defeats intent-to-evade presumption under §1320(c).
§1320(c)
No Notice
Defective mailing, address change on file, or continuance-notification failure.
Notice
Not O.R. Release
If defendant was released on bail, §1320.5 applies; if on citation, §853.7 applies.
Release Type
§17(b) Reduction
For felony §1320(b), wobbler reduction to misdemeanor under §17(b).
§17(b)
Concurrent Sentencing Motion
§1385 dismissal motion where consecutive sentence is disproportionate.
§1385
Constitutional Sources
07 — Court Process
How PC §1320 Failure to Appear on Own Recognizance Cases Move Through Los Angeles Courts
§1320 cases begin with FTA bench warrant on the underlying case.
- 1
Step 1 — Missed Appearance
Court issues §978.5 bench warrant when O.R.-released defendant fails to appear.
- 2
Step 2 — Arrest or Self-Surrender
Defendant arrested on warrant or self-surrenders.
- 3
Step 3 — Filing
DA files §1320(a) or §1320(b) based on underlying classification.
- 4
Step 4 — Arraignment
Combined arraignment on original case + §1320 charge.
- 5
Step 5 — Motions
§17(b) reduction, §1385 dismissal, and 14-day presumption rebuttal.
- 6
Step 6 — Trial or Plea
Most §1320 cases resolve with combined-case plea and consecutive sentence.
- 7
Step 7 — Sentencing
Consecutive sentence required under §1320(d).
Los Angeles Courts That Handle PC §1320 Failure to Appear on Own Recognizance Cases
§1320 cases are handled in the original case's calendar.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Failure to Appear on Own Recognizance Defense Attorney
Daniel S. Rubin has defended clients charged with failure to appear on own recognizance and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §1320 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Failure to Appear on Own Recognizance Cases Throughout LA County
See our full Failure to Appear on Own Recognizance defense practice
09 — FAQs
PC §1320 Failure to Appear on Own Recognizance Questions — Los Angeles
What is PC §1320?
California's failure-to-appear-on-O.R. statute. Willful failure to appear after own-recognizance release with intent to evade court process. Classification tracks underlying: misdemeanor if underlying misdemeanor; felony if underlying felony.
How is §1320 different from §1320.5?
§1320 applies to O.R. release (no financial condition). §1320.5 applies to bail release. Both punish willful failure to appear with intent to evade, but the release mechanism triggers different subdivisions.
What is the 14-day presumption?
PC §1320(c) creates a rebuttable presumption that failure to appear within 14 days of the required date was intended to evade court process. Prompt self-surrender defeats the presumption.
Is §1320 a strike?
No — §1320 is not listed under §667.5(c) or §1192.7(c). However, felony §1320(b) imposes lifetime firearm ban and consecutive sentence.
Does §1320 sentence run consecutively?
Yes — PC §1320(d) requires that the §1320 sentence run consecutively to the underlying-case sentence. §1385 dismissal or interest-of-justice motion may allow concurrent sentencing in narrow cases.
Can felony §1320(b) be reduced to misdemeanor?
Yes — §1320(b) is a wobbler eligible for §17(b) reduction. Common resolution in cases with strong mitigation.
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Charged with PC §1320 Failure to Appear?
Wobbler with mandatory consecutive sentence. Rubin Law, P.C. rebuts the 14-day presumption and negotiates combined-case resolution. Free consult (213) 723-2337.