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 36

Understanding 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.

A 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.