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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 fine | WhenPetty theft: $950 or less, whatever the property, apart from certain serious or registrable priors |
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other termSet by the offense fine | WhenGrand 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenThe 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 fine | WhenAssault: up to six months in county jail |
| MISDMisdemeanor | Up to six months where the offense sets no other term$2,000 fine | WhenBattery: up to six months in county jail |
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other term$10,000 fine | WhenAssault 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$400 fine | WhenThe 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenThe 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenThe 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 fine | WhenThe ordinary case: up to one year in county jail |
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other term$10,000 fine | WhenUsing 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other termNone set by the section fine | WhenThe ordinary case: up to one year in county jail |
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other term$1,000 to $10,000 fine | WhenWith 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenThe 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenOne of the listed acts, or entering a dwelling without consent |
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenAggravated 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 | Up to | When |
|---|---|---|
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other term$1,000 fine | WhenEither 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenThe 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 | Up to | When |
|---|---|---|
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other termSet by the offense fine | WhenEither 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$145 to $1,000 fine | WhenThe ordinary case: five to 90 days in county jail |
| MISDMisdemeanor | Up to six months where the offense sets no other term$220 to $1,000 fine | WhenBodily injury to someone other than the driver: 30 days to six months |
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other termSet by the offense fine | WhenA 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$300 to $1,000 fine | WhenSuspended for a reason without its own section, a first conviction: up to six months |
| MISDMisdemeanor | Up to six months where the offense sets no other term$300 to $1,000 fine | WhenSuspended for reckless driving, negligent operation or refusal grounds, a first conviction: 5 days to six months |
| MISDMisdemeanor | Up to six months where the offense sets no other term$500 to $2,000 fine | WhenWithin 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$250, or 24 to 32 hours of community service fine | WhenA first violation |
| MISDMisdemeanor | Up to six months where the offense sets no other termUp to $500, or 36 to 48 hours of community service fine | WhenA 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 | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$250 where the offense sets no other fine fine | WhenDrinking, or smoking or ingesting cannabis, in a vehicle being driven |
| INFRACTIONInfraction | No jail$100 fine | WhenA 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 | Up to | When |
|---|---|---|
| INFRACTIONInfraction | No jail$100 fine | WhenUp to the limit, by a person 18 to 20 |
| MISDMisdemeanor | Up to six months where the offense sets no other term$500 fine | WhenMore 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other termNone set by the section fine | WhenThe 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 fine | WhenThe ordinary case: up to one year in county jail |
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other termSet by the offense fine | WhenWith 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenThe 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 | Up to | When |
|---|---|---|
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other term$2,500 per violation, or $10,000 after a prior conviction fine | WhenEither 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 where the offense sets no other fine fine | WhenThe 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor | Up to six months where the offense sets no other term$1,000 fine | WhenProperty damage only: up to six months in county jail |
| FELONYFelony, or either way | 16 months, or two or three years, where the offense sets no other term$1,000 to $10,000 fine | WhenInjury 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
- AssaultAn unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
- Bail scheduleThe county's uniform list of bail amounts, which sets bail before a defendant has appeared before a judge when no warrant names an amount.
- BatteryAny willful and unlawful use of force or violence on another person, punishable by a fine of up to $2,000, up to six months in county jail, or both.
- Dismissal after probationWithdrawing a guilty plea or setting aside a verdict and dismissing the case after probation ends, releasing the person from the penalties and disabilities of the offense, with exceptions.
- Disturbing the peaceUnlawfully fighting in public, maliciously disturbing others with loud and unreasonable noise, or using offensive words in public inherently likely to provoke an immediate violent reaction. Up to 90 days in county jail, a fine of up to $400, or both.
- Driving while suspendedDriving while the privilege is suspended or revoked, when the driver knows of it.
- EvadingWillfully fleeing a pursuing police vehicle showing a red light and distinctively marked, with a uniformed officer driving. A misdemeanor, up to one year in county jail.
- HazingAny method of initiation or preinitiation into a student organization or student body, recognized by the school or not, that is likely to cause serious bodily injury to a former, current or prospective student.
- InfractionAn offense classified as an infraction, carrying a fine up to $250 when no other punishment is set.
- Minor in possessionA person under 21 years of age possessing an alcoholic beverage in a public place, a misdemeanor punished by a fine of $250 or 24 to 32 hours of community service.
- Own recognizanceRelease on a promise to appear, to which a defendant held on a misdemeanor is entitled unless the court finds on the record it would compromise public safety or not reasonably assure appearance.
- Petty theftTheft where the value taken does not exceed $950, a misdemeanor punishable by a fine of up to $1,000, up to six months in county jail, or both.
- Reckless drivingDriving on a highway or in an offstreet parking facility in willful or wanton disregard for the safety of persons or property, punished by five to 90 days in county jail, a fine of $145 to $1,000, or both.
- Resisting, delaying or obstructingWillfully resisting, delaying or obstructing a peace officer in the discharge of a duty, punishable by a fine of up to $1,000, up to one year in county jail, or both.
- ShopliftingEntering an open store during regular business hours intending to steal property worth $950 or less. A misdemeanor.
- StalkingWillfully, maliciously and repeatedly following or harassing someone and making a credible threat intended to place them in reasonable fear for their safety.
- WobblerA crime punishable either as a felony or a misdemeanor, in the court's discretion, which becomes a misdemeanor for all purposes in the cases the section lists.
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.