Updated September 2026 | The Bulldog Law | California Criminal Defense
A felony in California is any crime punishable by death, by state prison, or by a county jail term of more than a year under Penal Code 1170(h). That is the whole definition, from Penal Code 17, and it means California has no Class A, B, or C felonies; it has several hundred felony statutes, each with its own sentence, most of them a triad of three terms the judge chooses from. What actually organizes California felonies is two lists: violent felonies under Penal Code 667.5(c) and serious felonies under Penal Code 1192.7(c), which decide whether a conviction is a strike, whether custody credits are limited, and whether probation is available. And a large share of California felonies are wobblers, chargeable as misdemeanors, which is why the same conduct produces a felony in one courtroom and a misdemeanor in the next.
The Bulldog Law's attorneys built this list for the person who has just learned that a charge is a felony and wants to know what that word means for that charge. The categories below cover the felonies that account for most California prosecutions, with the sentence each carries, whether it is a wobbler, and whether it is a strike, and each row links to our attorneys' detailed page on that statute. The list is not exhaustive; the Penal Code, Vehicle Code, Health and Safety Code, and Welfare and Institutions Code together define far more. It is the map. Call (888) 928-1609 or message our team for the territory.
How California classifies felonies
Penal Code 17 sets the definition by punishment. A felony is a crime punishable by death, by imprisonment in state prison, or by imprisonment in county jail under Penal Code 1170(h); a misdemeanor is everything else that carries jail, up to a year; an infraction carries only a fine. Our attorneys explain the practical differences on our felony vs. misdemeanor and infraction vs. misdemeanor pages.
Three concepts organize everything below. The triad: most felony statutes set three terms, low, middle, and upper, and the judge selects one, so a felony listed as 16 months, two, or three years means the judge chooses among those. Wobblers: statutes that allow either a felony or a misdemeanor filing, at the prosecutor's election, with the judge able to reduce a felony to a misdemeanor under Penal Code 17(b); wobblers are marked below. And the two lists: violent felonies under Penal Code 667.5(c) and serious felonies under Penal Code 1192.7(c), which make a conviction a strike under the Three Strikes law, limit custody credits to 15 percent for violent felonies, bar probation in many cases, and add five years for a prior serious felony. Since realignment, felonies not on either list and not sex offenses are generally served in county jail under Penal Code 1170(h) rather than state prison; our page on jail vs. prison explains which is which.
Homicide and violent felonies
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
First-degree murder |
PC 187 / 189 |
25 years to life; LWOP or death with special circumstances |
No |
Yes, violent |
|
Second-degree murder |
PC 187 |
15 years to life |
No |
Yes, violent |
|
Voluntary manslaughter |
PC 192(a) |
3, 6, or 11 years |
No |
Yes, violent |
|
Involuntary manslaughter |
PC 192(b) |
2, 3, or 4 years |
No |
No |
|
Attempted murder |
PC 664 / 187 |
5, 7, or 9 years; life if premeditated |
No |
Yes, violent |
|
Mayhem / aggravated mayhem |
PC 203 / 205 |
2, 4, or 8 years / life |
No |
Yes, violent |
|
Kidnapping |
PC 207 / 209 |
3, 5, or 8 years; life for ransom or robbery |
No |
Yes, violent |
|
Torture |
PC 206 |
Life with parole |
No |
Yes, violent |
Our attorneys cover murder prosecutions, the difference between murder and manslaughter, and mayhem in depth. Voluntary manslaughter is the most common felony homicide conviction because it is where murder cases settle.
Assault, battery, and domestic violence
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
Assault with a deadly weapon |
PC 245(a)(1) |
2, 3, or 4 years |
Yes |
Serious (deadly weapon); violent with GBI |
|
Assault with a firearm |
PC 245(a)(2) |
2, 3, or 4 years |
Yes |
Serious |
|
Battery with serious bodily injury |
PC 243(d) |
2, 3, or 4 years |
Yes |
Serious if GBI found |
|
Corporal injury to spouse or partner |
PC 273.5 |
2, 3, or 4 years; 2, 4, or 5 with prior |
Yes |
Violent only with GBI enhancement |
|
Criminal threats |
PC 422 |
16 months, 2, or 3 years |
Yes |
Yes, serious |
|
Stalking |
PC 646.9 |
16 months, 2, or 3 years; 2, 3, or 4 with order or prior |
Yes |
No |
|
Child endangerment (risk of great harm) |
PC 273a(a) |
2, 4, or 6 years |
Yes |
No |
|
Elder abuse (risk of great harm) |
PC 368(b) |
2, 3, or 4 years |
Yes |
No |
|
Assault on a peace officer |
PC 245(c) |
3, 4, or 5 years |
No |
Serious |
Nearly every felony in this category is a wobbler, which is why the felony question in an assault or domestic violence case is argued rather than assumed. Our attorneys explain what makes domestic violence a felony and the elements of Penal Code 273.5 separately.
Theft, burglary, and robbery
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
Robbery, first degree |
PC 211 / 213 |
3, 4, or 6 years; 3, 6, or 9 in concert in a dwelling |
No |
Yes, violent |
|
Robbery, second degree |
PC 211 / 213 |
2, 3, or 5 years |
No |
Yes, violent |
|
Carjacking |
PC 215 |
3, 5, or 9 years |
No |
Yes, violent |
|
Burglary, first degree (residential) |
PC 459 / 460 |
2, 4, or 6 years |
No |
Serious; violent if occupied |
|
Burglary, second degree (commercial) |
PC 459 / 460 |
16 months, 2, or 3 years |
Yes |
No |
|
Grand theft (over $950) |
PC 487 |
16 months, 2, or 3 years |
Yes |
No |
|
Grand theft firearm |
PC 487(d)(2) |
16 months, 2, or 3 years |
No |
Yes, serious |
|
Receiving stolen property (over $950) |
PC 496 |
16 months, 2, or 3 years |
Yes |
No |
|
Vehicle theft |
VC 10851 |
16 months, 2, or 3 years |
Yes |
No |
|
Looting during an emergency |
PC 463 |
16 months, 2, or 3 years with jail floor |
Yes |
No |
|
Extortion |
PC 518 / 520 |
2, 3, or 4 years |
No |
No |
Detailed pages: robbery, burglary, grand theft, and looting. The $950 line from Proposition 47 is what separates felony theft from misdemeanor petty theft and shoplifting.
Fraud and white collar felonies
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
Embezzlement (over $950) |
PC 503 / 514 |
16 months, 2, or 3 years |
Yes |
No |
|
Forgery (over $950) |
PC 470 |
16 months, 2, or 3 years |
Yes |
No |
|
Bad checks (over $950) |
PC 476a |
16 months, 2, or 3 years |
Yes |
No |
|
Identity theft |
PC 530.5 |
16 months, 2, or 3 years |
Yes |
No |
|
Insurance fraud |
PC 550 |
2, 3, or 5 years |
Yes |
No |
|
Welfare fraud (over $950) |
WIC 10980(c) |
16 months, 2, or 3 years |
Yes |
No |
|
Misappropriation of public funds |
PC 424 |
2, 3, or 4 years |
No |
No |
|
Money laundering |
PC 186.10 |
16 months, 2, or 3 years, plus 1 to 4 over $50,000 |
Yes |
No |
|
Aggravated white collar enhancement |
PC 186.11 |
Adds 1 to 5 years over $100,000 |
n/a |
n/a |
Fraud felonies are almost uniformly wobblers whose level is set by the amount. Our attorneys cover embezzlement, check fraud, welfare fraud, and, on the federal side, racketeering.
Drug felonies
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
Possession for sale, controlled substance |
HS 11351 |
2, 3, or 4 years |
No |
No |
|
Sale or transportation, controlled substance |
HS 11352 |
3, 4, or 5 years; 3, 6, or 9 across county lines |
No |
No |
|
Possession for sale, methamphetamine |
HS 11378 |
16 months, 2, or 3 years |
No |
No |
|
Sale or transportation, methamphetamine |
HS 11379 |
2, 3, or 4 years |
No |
No |
|
Manufacturing a controlled substance |
HS 11379.6 |
3, 5, or 7 years |
No |
No |
|
Cultivation of cannabis (over 6 plants, with priors or aggravators) |
HS 11358 |
16 months, 2, or 3 years |
Yes |
No |
|
Sale of cannabis without a license |
HS 11360 |
2, 3, or 4 years with priors or aggravators |
Yes |
No |
Simple possession of most controlled substances is a misdemeanor since Proposition 47; the felonies are sales, possession for sale, transportation, and manufacturing. Our drug crimes attorneys cover each statute.
Weapons felonies
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
Felon in possession of a firearm |
PC 29800 |
16 months, 2, or 3 years |
No |
No |
|
Carrying a concealed firearm (with aggravators) |
PC 25400 |
16 months, 2, or 3 years |
Yes |
No |
|
Carrying a loaded firearm (with aggravators) |
PC 25850 |
16 months, 2, or 3 years |
Yes |
No |
|
Possession of an assault weapon |
PC 30605 |
16 months, 2, or 3 years |
Yes |
No |
|
Negligent discharge of a firearm |
PC 246.3 |
16 months, 2, or 3 years |
Yes |
No |
|
Shooting at an inhabited dwelling or vehicle |
PC 246 |
3, 5, or 7 years |
No |
Yes, violent |
|
Brandishing a firearm at a peace officer |
PC 417(c) |
16 months, 2, or 3 years |
Yes |
No |
Weapons felonies are also where enhancements do the most work: personal use of a firearm in a felony adds 10, 20, or 25 years to life under Penal Code 12022.53, now strikeable by the judge. Our firearm defense attorneys cover the statutes and the enhancements.
Sex offense felonies
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
Rape |
PC 261 |
3, 6, or 8 years |
No |
Yes, violent |
|
Lewd act with a child under 14 |
PC 288(a) |
3, 6, or 8 years |
No |
Yes, violent |
|
Continuous sexual abuse of a child |
PC 288.5 |
6, 12, or 16 years |
No |
Yes, violent |
|
Sexual battery (restrained or institutionalized victim) |
PC 243.4(a) |
2, 3, or 4 years |
Yes |
No |
|
Statutory rape (more than 3 years apart) |
PC 261.5(c) |
16 months, 2, or 3 years |
Yes |
No |
|
Oral copulation with a minor |
PC 287 |
16 months, 2, or 3 years; 3, 6, or 8 if under 16 and defendant over 21 |
Yes / No |
Varies |
|
Possession of child pornography |
PC 311.11 |
16 months, 2, or 3 years |
Yes |
No |
|
Indecent exposure with prior |
PC 314 |
16 months, 2, or 3 years |
No |
No |
|
Human trafficking |
PC 236.1 |
5, 8, or 12 years; 8, 14, or 20 for minors |
No |
Yes, violent |
Most felony sex offenses carry sex offender registration in addition to the sentence, and the One Strike law under Penal Code 667.61 imposes 15 or 25 years to life for the most serious. Our sex crimes attorneys and our page on Penal Code 288 cover the statutes and registration tiers.
Driving felonies
|
Felony |
Statute |
Sentence |
Wobbler |
Strike |
|
DUI causing injury |
VC 23153 |
16 months, 2, or 3 years |
Yes |
No; violent with GBI |
|
DUI with three priors in 10 years, or prior felony DUI |
VC 23550 / 23550.5 |
16 months, 2, or 3 years |
Yes |
No |
|
Hit and run causing injury or death |
VC 20001 |
16 months, 2, or 3 years; 2, 3, or 4 with death or permanent injury |
Yes |
No |
|
Vehicular manslaughter with gross negligence |
PC 192(c)(1) |
2, 4, or 6 years |
Yes |
No |
|
Gross vehicular manslaughter while intoxicated |
PC 191.5(a) |
4, 6, or 10 years |
No |
No |
|
Evading a peace officer with reckless driving |
VC 2800.2 |
16 months, 2, or 3 years |
Yes |
No |
Our attorneys cover felony DUI and felony hit and run separately. Nearly every driving felony is a wobbler.
What being charged with a felony means, and what it doesn't
A felony charge is a filing decision, not a conviction. Most California felony filings are wobblers, and a large share end as misdemeanors, through negotiation, a reduction at the preliminary hearing, or a Penal Code 17(b) motion after probation. Where a felony conviction results, the questions that follow are the ones our attorneys address elsewhere: whether the term is served in jail or prison, how multiple counts run concurrently or consecutively, whether any mandatory minimum applies, and, for the long term, whether the conviction can be reduced and expunged. For non-citizens, the felony label matters less than the specific statute and the sentence, which together determine immigration consequences; a misdemeanor domestic violence conviction can be deportable while a felony grand theft with a short sentence is not.
Frequently asked questions
What is a felony in California?
Any crime punishable by death, by imprisonment in state prison, or by imprisonment in county jail under Penal Code 1170(h) for more than a year. Penal Code 17 draws the line: a felony is defined by its maximum punishment, not by how serious it sounds. Everything else is a misdemeanor, punishable by up to a year in county jail, or an infraction, punishable by a fine. California does not use letter grades like Class A or Class B; each felony statute sets its own sentence.
Does California have Class A, B, or C felonies?
No. California classifies felonies by the sentence the statute attaches, usually a triad of three terms such as 16 months, two, or three years, and by two lists that matter more than any letter grade: violent felonies under Penal Code 667.5(c) and serious felonies under Penal Code 1192.7(c). Those lists determine strikes, custody credits, probation eligibility, and enhancements. A person searching for a Class A felony in California is looking for what the state calls a violent felony.
What is a wobbler?
A crime the prosecutor can charge as either a felony or a misdemeanor, and that a judge can later reduce from felony to misdemeanor under Penal Code 17(b). Hundreds of California offenses are wobblers, including assault with a deadly weapon, grand theft, corporal injury to a spouse, criminal threats, commercial burglary, and most drug sales. Whether a wobbler ends up a felony depends on the facts, the record, the county's filing policy, and the defense.
What are the most common felonies in California?
By filings, drug offenses, theft and burglary, assault and battery, domestic violence, DUI with priors or injury, and weapons possession by prohibited persons make up most felony cases. Homicide, robbery, sex offenses, and fraud are less frequent but carry the longest sentences. Most felony filings in California are wobblers, and a large share are resolved as misdemeanors.
How long does a felony stay on your record in California?
Forever, unless it is dismissed. There is no automatic expiration. A felony conviction that resulted in probation or county jail can be dismissed under Penal Code 1203.4 after the sentence is complete, and California's Clean Slate law now seals many older felony records automatically. Convictions that sent a person to state prison are not eligible for 1203.4 dismissal but may be sealed under the Clean Slate provisions or addressed through a certificate of rehabilitation and pardon.
Related reading from our attorneys
- Felony vs. misdemeanor in California
- Violent felonies under Penal Code 667.5
- California's Three Strikes law
Charged with a felony? Which one, and which list, decides everything
The Bulldog Law's defense attorneys handle every category of felony on this list in courts across California, and the immigration consequences in-house. Visit our criminal defense page, call (888) 928-1609, or reach us online.