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WHAT EACH CHARGE CARRIES

24 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. California sorts an offense into an infraction, a misdemeanor or a felony, and most offenses set their own punishment, so each level here names the term and fine its own section sets. A crime punishable either way is called a wobbler.

24 charges

Petty theft and grand theft

MISD to FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as stealing, larceny, petty theft, grand theft, took something

Taking another person's property, fraudulently keeping property entrusted to the person, or getting money, labor or property by a false pretense.

Kind and maximums for Petty theft and grand theft
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 fineWhenPetty theft: $950 or less, whatever the property, apart from certain serious or registrable priors
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other termSet by the offense fineWhenGrand theft: more than $950, taken from the person, or an automobile or a firearm, among others

Separate acts from one intention, one impulse and one plan may be added together to reach the grand theft amount. Grand theft's own punishment is not set out on this guide's page.

Shoplifting

MISD · up to Up to six months where the offense sets no other term

Also searched as retail theft, stealing from a store

Entering an open store during regular business hours intending to steal property worth $950 or less.

Kind and maximums for Shoplifting
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenThe ordinary case, apart from certain priors

A person charged with shoplifting may not also be charged with burglary or theft of the same property.

Assault and battery

MISD to FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as assault, battery, hit someone, fight, assault with a deadly weapon

An assault is an unlawful attempt, with a present ability, to commit a violent injury on another; a battery is any willful and unlawful use of force or violence on another.

Kind and maximums for Assault and battery
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 fineWhenAssault: up to six months in county jail
MISDMisdemeanorUp to six months where the offense sets no other term$2,000 fineWhenBattery: up to six months in county jail
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other term$10,000 fineWhenAssault with a deadly weapon other than a firearm, or by force likely to produce great bodily injury: two, three or four years in state prison, or up to one year in county jail

The sections carry higher punishments where the person harmed is a peace officer, a firefighter or another person they list.

Disturbing the peace

MISD · up to Up to six months where the offense sets no other term

Also searched as disorderly conduct, fighting in public, loud noise, offensive words

Unlawfully fighting or challenging someone to fight in a public place, maliciously and willfully disturbing someone with loud and unreasonable noise, or using offensive words in public inherently likely to provoke an immediate violent reaction.

Kind and maximums for Disturbing the peace
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$400 fineWhenThe ordinary case: up to 90 days in county jail

Public intoxication

MISD · up to Up to six months where the offense sets no other term

Also searched as drunk in public, public drunkenness, under the influence in public

Being found in a public place under the influence of alcohol or a drug, unable to care for one's own safety or others', or obstructing a street, sidewalk or other public way.

Kind and maximums for Public intoxication
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenThe ordinary case

Where an officer is reasonably able to, the person is placed in civil protective custody and taken to a designated facility for treatment and evaluation.

Remaining after an order to disperse

MISD · up to Up to six months where the offense sets no other term

Also searched as failure to disperse, unlawful assembly, refused to leave a protest

Remaining at the place of a riot, rout or unlawful assembly after being lawfully warned to disperse, other than public officers and people helping them.

Kind and maximums for Remaining after an order to disperse
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenThe ordinary case

Resisting, delaying or obstructing an officer

MISD to FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as resisting arrest, obstructing, delaying an officer, 148

Willfully resisting, delaying or obstructing a peace officer, a public officer or an emergency medical technician in the discharge of a duty.

Kind and maximums for Resisting, delaying or obstructing an officer
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 fineWhenThe ordinary case: up to one year in county jail
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other term$10,000 fineWhenUsing threats or violence to deter an executive officer, or knowingly resisting by force or violence: county jail or prison

Recording an officer in a public place is not, by itself, a violation.

Evading a peace officer

MISD to FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as fleeing, car chase, did not pull over, evading

Willfully fleeing or trying to elude a pursuing police vehicle showing a red light, sounding a siren as reasonably necessary, distinctively marked, and driven by a uniformed officer.

Kind and maximums for Evading a peace officer
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other termNone set by the section fineWhenThe ordinary case: up to one year in county jail
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other term$1,000 to $10,000 fineWhenWith willful or wanton disregard for safety: state prison, or six months to one year in county jail

Willful or wanton disregard includes three or more point count traffic violations while fleeing, or causing property damage.

Giving an officer a false identity

MISD · up to Up to six months where the offense sets no other term

Also searched as false name, lying about my name, fake ID to police

Falsely representing oneself as another person or a fictitious person to a peace officer upon a lawful detention or arrest, to evade the process of the court or proper identification.

Kind and maximums for Giving an officer a false identity
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenThe ordinary case

The section punishes a false identity, not silence.

Trespass

MISD · up to Up to six months where the offense sets no other term

Also searched as trespassing, refused to leave, entered a house, aggravated trespass

One of the acts the trespass section lists, done willfully, among them entering and occupying property without consent, or refusing to leave property not open to the public when asked; or entering or remaining in a dwelling without consent.

Kind and maximums for Trespass
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenOne of the listed acts, or entering a dwelling without consent
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenAggravated trespass, a dwelling while a resident is present: up to one year in county jail

Stalking

FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as following someone, credible threat, course of conduct

Willfully, maliciously and repeatedly following or harassing another person and making a credible threat intended to place them in reasonable fear for their safety or their immediate family's.

Kind and maximums for Stalking
KindUp toWhen
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other term$1,000 fineWhenEither way: up to one year in county jail, or state prison

A course of conduct is two or more acts over a period of time, however short, showing a continuity of purpose. Constitutionally protected activity is not included.

Annoying or threatening calls and messages

MISD · up to Up to six months where the offense sets no other term

Also searched as harassing calls, harassing texts, obscene calls, repeated calls

With intent to annoy, calling or electronically contacting someone with obscene language or a threat to injure them or their family, or making repeated calls or contacts with intent to annoy or harass, whether or not anyone answers.

Kind and maximums for Annoying or threatening calls and messages
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenThe ordinary case

Neither reaches contacts made in good faith.

Criminal threats

FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as threats, threatened to kill, terrorist threats

Willfully threatening a crime that would result in death or great bodily injury, meant to be taken as a threat, causing the person sustained fear.

Kind and maximums for Criminal threats
KindUp toWhen
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other termSet by the offense fineWhenEither way: up to one year in county jail, or state prison

Reckless driving

MISD to FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as willful or wanton disregard, bad driving

Driving on a highway or in an offstreet parking facility in willful or wanton disregard for the safety of persons or property.

Kind and maximums for Reckless driving
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$145 to $1,000 fineWhenThe ordinary case: five to 90 days in county jail
MISDMisdemeanorUp to six months where the offense sets no other term$220 to $1,000 fineWhenBodily injury to someone other than the driver: 30 days to six months
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other termSet by the offense fineWhenA concussion, bone fracture, paralysis or another listed injury, as a felony under the realignment statute

Driving on a suspended or revoked license

MISD · up to Up to six months where the offense sets no other term

Also searched as driving on a suspended license, revoked license, 14601

Driving while the privilege is suspended or revoked, knowing of it. Knowledge is conclusively presumed if the department mailed the notice.

Kind and maximums for Driving on a suspended or revoked license
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$300 to $1,000 fineWhenSuspended for a reason without its own section, a first conviction: up to six months
MISDMisdemeanorUp to six months where the offense sets no other term$300 to $1,000 fineWhenSuspended for reckless driving, negligent operation or refusal grounds, a first conviction: 5 days to six months
MISDMisdemeanorUp to six months where the offense sets no other term$500 to $2,000 fineWhenWithin five years of a prior: up to one year

Under 21 with alcohol in public

MISD · up to Up to six months where the offense sets no other term

Also searched as underage drinking, MIP, minor in possession

Under 21, possessing an alcoholic beverage on a street or highway, or in any public place or place open to the public.

Kind and maximums for Under 21 with alcohol in public
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$250, or 24 to 32 hours of community service fineWhenA first violation
MISDMisdemeanorUp to six months where the offense sets no other termUp to $500, or 36 to 48 hours of community service fineWhenA second or later violation

Drinking, or open cannabis, in a vehicle

INFRACTION · no jail

Also searched as open container, drinking in the car, open cannabis, smoking weed in the car

Drinking alcohol, or smoking or ingesting cannabis, while driving, or as a passenger in a vehicle being driven; or a driver with an opened container of cannabis, or loose flower, on their person.

Kind and maximums for Drinking, or open cannabis, in a vehicle
KindUp toWhen
INFRACTIONInfractionNo jail$250 where the offense sets no other fine fineWhenDrinking, or smoking or ingesting cannabis, in a vehicle being driven
INFRACTIONInfractionNo jail$100 fineWhenA driver with an opened container of cannabis or loose flower on their person

The cannabis container rule does not apply where the container or flower is in the trunk.

Cannabis possession outside the adult rule

INFRACTION to MISD · up to Up to six months where the offense sets no other term

Also searched as too much weed, marijuana possession, under 21 marijuana

Possessing cannabis without authorization: under 21, or more than the adult limit.

Kind and maximums for Cannabis possession outside the adult rule
KindUp toWhen
INFRACTIONInfractionNo jail$100 fineWhenUp to the limit, by a person 18 to 20
MISDMisdemeanorUp to six months where the offense sets no other term$500 fineWhenMore than the limit, by a person 18 or older: up to six months

At 21 or older, possessing not more than 28.5 grams of cannabis and not more than eight grams of concentrated cannabis is lawful.

Possession of a controlled substance

MISD · up to Up to six months where the offense sets no other term

Also searched as drug possession, possession, pills without a prescription

Possessing one of the controlled substances the section lists without a prescription.

Kind and maximums for Possession of a controlled substance
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other termNone set by the section fineWhenThe ordinary case: up to one year in county jail

More applies only for a person with certain serious or registrable prior convictions.

Carrying a concealed firearm

MISD to FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as concealed carry without a license, gun in the car, CCW

Carrying a concealed pistol, revolver or other firearm capable of being concealed, on the person or within a vehicle the person controls or rides in.

Kind and maximums for Carrying a concealed firearm
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 fineWhenThe ordinary case: up to one year in county jail
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other termSet by the offense fineWhenWith a prior felony, a stolen gun, or a person who may not lawfully possess it

Openly carrying an unloaded handgun

MISD · up to Up to six months where the offense sets no other term

Also searched as open carry, unloaded handgun

Openly carrying an exposed, unloaded handgun in a public place or on a public street in an incorporated city, or on a public street in a prohibited area of an unincorporated county.

Kind and maximums for Openly carrying an unloaded handgun
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenThe ordinary case

Recording a confidential communication

FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as eavesdropping, secret recording, recording a call, two party consent

Intentionally using a device to eavesdrop on or record a confidential communication without the consent of all parties, or recording a call carried by a cellular or cordless phone without it.

Kind and maximums for Recording a confidential communication
KindUp toWhen
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other term$2,500 per violation, or $10,000 after a prior conviction fineWhenEither way: up to one year in county jail or state prison

A confidential communication does not include one at a public gathering, or anywhere the parties may reasonably expect to be overheard or recorded.

Intercepting public safety radio for a crime

MISD · up to Up to six months where the offense sets no other term

Also searched as scanner, police scanner, radio in the car

Intercepting a public safety radio communication, by scanner or other means, to use it to commit a crime or to avoid arrest, or passing what it said to a known suspect so they may avoid arrest.

Kind and maximums for Intercepting public safety radio for a crime
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine fineWhenThe ordinary case

Leaving the scene of an accident

MISD to FELONY · up to 16 months, or two or three years, where the offense sets no other term

Also searched as hit and run, drove off after a crash, leaving the scene

Not stopping and meeting the duties after an accident: identifying oneself to the people involved or leaving a note, and rendering assistance where anyone is hurt.

Kind and maximums for Leaving the scene of an accident
KindUp toWhen
MISDMisdemeanorUp to six months where the offense sets no other term$1,000 fineWhenProperty damage only: up to six months in county jail
FELONYFelony, or either way16 months, or two or three years, where the offense sets no other term$1,000 to $10,000 fineWhenInjury to anyone other than the driver: state prison, or up to one year in county jail

The punishment is greater where the accident causes death or permanent, serious injury.

Every kind of offense on this page, for reference

These are the defaults, which apply only where an offense sets no punishment of its own. A wobbler becomes a misdemeanor for all purposes in the cases the Penal Code lists.

  • INFRACTIONInfractionNo jail$250 where the offense sets no other fine
  • MISDMisdemeanorUp to six months where the offense sets no other term$1,000 where the offense sets no other fine
  • FELONYFelony, or either way16 months, or two or three years, where the offense sets no other termSet by the offense

Words on a charging document

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

17 words

About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed California attorney can tell you what yours is. Current as of September 2026.