California criminal law

California Criminal Law generally follows the law of the United States. However, there are both substantive and procedural differences between how the United States Federal Government and California prosecute alleged violations of criminal law. This article will focus exclusively on California criminal law.

Types of crimes

California defines a "Crime" or "Public Offense" as an act committed or omitted in violation of a law forbidding or commanding it which can be punished upon conviction with either death, imprisonment, fine, removal from office or disqualification to hold any office of honor, trust or profit in California. [California Penal Code § 15.] In California, there are three different types of crimes: (1) Infractions, (2) Misdemeanors, and (3) Felonies. [California Penal Code § 16.]

Infractions

An infraction is a crime that is not punisable by imprisonment. [California Penal Code § 19.6] In other words, any person convicted of an infraction may only be punished by a fine, removal and/or disqualification from public office. Typically, most infractions are punished with a fine only. Examples of infractions in California are traffic violation such as exceeding the posted speed limit, etc.

Misdemeanors

A misdemeanor is a crime punishable by imprisonment in a county or city jail or detention facility not to exceed one year. [California Penal Code § 19.2] Except where the law specifies a different punishment, a misdemeanor is punishable by imprisonment in a county jail not exceeding six months and/or a fine not exceeding one thousand dollars. [California Penal Code § 19.] However, many misdemeanor offenses specifically list a punsihment that exceeds the punishment listed in Penal Code section 19. For example, a misdemeanor violation of Battery on a Peace Officer is punishable by imprisonment in a county jail for up to one year and/or a two thousand dollar fine. [California Penal Code § 243(b).]

Felonies

A felony is a more serious crime that can be punished by death or imprisonment in a state prison. [California Penal Code § 17(a).] A person convicted of a felony can also be granted probation instead of a prison sentence. [California Penal Code § 1203.] If a person is granted probation, the court can impose many conditions on a grant of probation, including up to one year in county jail, money fines up to the maximum allowed by state law, and restitution to the victim for actual losses. [California Penal Code § 1203.1] In addition, the court may impose reasonable condition as long as the conditions are reasonably related to the defendant's crime, or to future criminality. [See, e.g., "People v. Carbajal" (1995) 10 Cal.4th 1114, 1121.]

References

External links

For examples of some of the more common criminal charges in California, see [http://www.amadorcriminaldefense.com/crim_law.html Commonly Charged Offenses]