California Felony Sentencing Schedule

California Felony Sentencing Schedule

The three columns below indicate the following:

1. Numerical section of the California Penal Code Section, i.e. “487.”

2. Brief description of the crime, i.e. “Grand Theft.”

3. Felony Sentencing Term in months.

Penal Code Section Description of Crime Term (in months) 118 Perjury 24 36 48 136.1(a) Maliciously dissuade witness or victim from testimony 16 24 36 148(b) Taking of a weapon while resisting arrest 16 24 36 148.1(a) False bomb report to official 16 24 36 191.5(a) Vehicular manslaughter, with drugs or alcohol with gross negligence 48 72 120 192(a) Voluntary manslaughter 36 72 132 192(b) Involuntary manslaughter 24 36 48 192(c)(1) Vehicular manslaughter without drugs or alcohol but with gross negligence 24 48 72 192(c)(3) Vehicular manslaughter with drugs or alcohol but without gross negligence 16 24 48 203 Mayhem 24 48 96 207 Kidnapping 36 60 96 207 Kidnapping victim under 14 years old 60 96 132 207 Kidnapping with intent to commit rape, oral copulation, sodomy, or rape by instrument 60 96 132 212.5(a) Robbery first degree 36 48 72 212.5(b) Robbery of person using automated teller machine, first degree 24 36 60 212.5(c ) Robbery second degree 24 36 60 215 Carjacking 36 60 108 220/261 Assault with intent to commit rape 24 48 72 243(c )(2) Battery against peace officer with injury 16 24 36 243.1 Battery against custodial officer 16 23 36 243.4(a)-(d) Sexual battery 24 36 48 244 Assault with caustic chemicals 24 36 48 245(a)(1) ADW other than firearm or assault with force likely to produce great bodily injury on person 24 36 48 245(a)(2) Assault with firearm 24 36 48 245(c ) ADW other than firearm or assault with force likely to produce great bodily injury on peace officer/firefighter 36 48 60 247.5 Discharge laser at aircraft 16 24 36 261(2) Rape of victim by force, violence, or fear of bodily injury 36 72 96 261(4) Rape of victim unconscious of act 36 72 96 261.5 Unlawful sexual intercourse 16 24 36 261.5(c ) Unlawful sexual intercourse with minor more than 3 years younger than defendant 16 24 36 262 Spousal rape 36 72 96 264.1 Rape in concert 60 84 108 266 Seduction of minor for prostitution 16 24 36 266c Inducing commission of sexual act through false representation creating fear 24 36 48 266h Pimping 36 48 72 266h(a) Pimping 36 48 72 266h Pimping prostitute under 16 years old 36 48 72 266i Pandering 36 48 72 266j Transport minor under age 16 for lewd & lascivious act/cause minor to perform act 36 72 96 271a Willful abandonment or nonsupport of child under 14 years old 16 24 36 273a(1) Willful cruelty to child 24 48 72 273a(a)(1) Willful cruelty to child 24 48 72 273a(a) Willful cruelty to child 24 48 72 273.5 Inflict traumatic injury on spouse or cohabitant 24 36 48 273.6 Violation of protective order with pc 16 24 36 274 Administering illegal abortion 16 24 36 278.5 Child stealing in violation of custody order 16 24 36 284 Marrying spouse of another 16 24 36 285 Incest 16 24 36 286(b)(1) Sodomy victim under 18 years of age 16 24 36 288(a) Lewd and lascivious act with child under 14 years of age 36 72 96 288(b) Lewd and lascivious act with child under 14 committed by force, violence, etc. 36 72 96 288(b)(1) Lewd and lascivious act with child under 14 committed by force, violence, etc. 36 72 96 288(b)(2) Lewd or lascivious act by caretaker with dependent person by force, violence, etc. 36 72 96 288a(b)(1) Oral copulation victim under 18 years of age 16 24 36 288a(c ) Oral copulation victim under 14/defendant 10 years older or by force, violence, etc. 36 72 96 288a(c )(1) Oral copulation, victim under 14/defendant 10 years older 36 72 96 289(a) Sexual penetration with foreign object 36 72 96 289(a) Sexual penetration with foreign or unknown object 36 72 96 290(g)(2) Failure to register with two prior convictions 16 24 36 290(g)(2) Failure to register by person convicted of designated sex offenses 16 24 36 290(g)(2) Failure to register by person convicted of felony sex offenses with pc 16 24 36 314(1) Indecent exposure with previous conviction of section 314(1) or Penal Code section 288 16 24 36 314(1) Indecent exposure after entering inhabited dwelling 16 24 36 337c Accepting bribe to throw sport event 16 24 36 367f Sale of human organs for transplantation 36 48 60 461(1) Burglary first degree 24 48 72 461(2) Burglary second degree 16 24 36 496(1) Receiving stolen property 16 24 36 496(a) Receiving stolen property 16 24 36 530.5 Using personal indentifying information of another to obtain credit, goods, services or medical information 16 24 36 549 Soliciting fraudulent insurance claims 16 24 36 594(b)(1) Vandalism of $50,000 or more 16 24 36 594(b)(1) Vandalism of $400 or more 16 24 36 626.9(a) Stalking 16 24 36 647.6 Child molestation, second or subsequent conviction 16 24 36 653f(a) Soliciting commission of crime not murder 16 24 36 653f(b) Soliciting murder 36 72 108 653f(d) Soliciting commission of drug offenses with pc 16 24 36 664/190 Attempted murder, second degree 60 84 108 836.6 Escape after being lawfully arrested or remanded to custody causing serious bodily injury to police officer 24 36 48 1319.4 Failure to appear on a felony 16 24 36 1320(b) Willful failure to appear felony hearing when released on own recognizance 16 24 36 2772 Interference with prisoner or delivery of forbidden items to prisoner 16 24 36 4530(a) Escape or attempted escape from prison with force or violence 24 48 72 4532(b) Escape or attempted escape from prison without force or violence 16 24 36 4534 Aiding or abetting escape 16 24 36 11412 Religious terrorism 16 24 36 12021(a)(1) Possession of firearm by addicts or felons 16 24 36 12021(c ) Possession of firearm within 10 years of certain misdemeanor convictions 16 24 36 12021.1 Possession of firearms by felon convicted of violent crimes 16 24 36 12025(a) Carrying concealed firearm on person or in vehicle and defendant is active participant in criminal street gang 16 24 36 12101 Possession of concealable firearm by minor with previous conviction 16 24 36 12280(b) Possession of assault weapon 16 24 36 14166 Money laundering 16 24 36Understanding the Third Column:

California has “Determinate Sentencing” laws. This means that if someone is convicted of a felony offense and sentenced to prison, the Judge may impose one of three prison terms: “low-term”, “mid-term” or “high-term.” These are “exact” or “determined” terms. This is different from States which use “Indeterminate Sentencing” laws, where you hear terms like “two-to-five” or “ten-to twenty.” This means the term is “not-determined” and can be anywhere from ten to twenty years as an example. Prior to 1977, California had indeterminate sentencing. For the past thirty years California has had determinate felony sentencing, and this chart will help you understand this system in a very specific way.

The term that is imposed depends on many factors:

  • Discretion of the Judge
  • Severity of the offense
  • Criminal history of the defendant
  • Other mitigating (less serious) or aggravating (more serious) factors.

Using the above example of grand theft in a general way, someone convicted of stealing ten thousand dollars as a first offense who has no prior record would be more likely to get the “low-term” of one year, four months, (or probation), whereas someone convicted of stealing one million dollars with a long prior record is more likely to get the “high-term” of three years. The mid-term would be likely for someone with a high theft amount and no prior or a prior for the same type of offense.

Important Note: Italicized offenses such as “273.5” (Spousal Abuse) are “wobblers” in California.

wobbler is a crime that can be charged as a misdemeanor or as a felony.

An offense charged as a misdemeanor would not be punished according to this chart, as the maximum allowable sentence would be a fine and up to one year in the county jail. This is less than even the “low-term” on this chart. Some factors which determine if a case, such as spousal abuse, will be charged as a misdemeanor or a felony include the severity of the injury and prior convictions for this or other violent offenses.

People can be arrested on a wobbler as a felony and then be charged as a misdemeanor. This often happens in Los Angeles in first offense domestic violence cases. For more information read further on this site or call our office and speak to an attorney (310)477-2100.