Understanding California Penal Codes: A Quick Guide for Defendants

As criminal defense attorneys serving clients in San Diego and Chula Vista, one of the most important bodies of law we deal with every day is the California Penal Code. This extensive collection of statutes defines most crimes in our state and specifies the potential penalties for committing them.

If you’ve been charged with a crime in California, having a basic understanding of how the Penal Code works and what it covers is very helpful as you navigate the criminal justice system. Here’s an overview of the key things to know about the California Penal Code.

What is the California Penal Code?

The California Penal Code is a comprehensive statutory scheme that defines most criminal offenses under California state law and specifies their punishments. The code is divided into six parts:

• Part 1: Crimes and Punishments
• Part 2: Criminal Procedure
• Part 3: State Prisons and County Jails
• Part 4: Prevention of Crimes and Apprehension of Criminals
• Part 5: Peace Officers’ Memorial
• Part 6: Control of Deadly Weapons

Part 1 contains the vast majority of the actual crimes set forth in the Penal Code, while the other parts mainly deal with criminal procedure, prison/jail administration, law enforcement issues, and weapons laws.

List of Some of the Most Common California Penal Code Crimes

The California Penal Code establishes hundreds of criminal offenses. Some of the most commonly charged crimes we see prosecuted in San Diego and Chula Vista include:

• Penal Code 187 PC – Murder
• Penal Code 459 PC – Burglary
• Penal Code 487 PC – Grand Theft
• Penal Code 211 PC – Robbery
• Penal Code 215 PC – Carjacking
• Penal Code 207 PC – Kidnapping
• Penal Code 261 PC – Rape
• Penal Code 243(e)(1) PC – Domestic Battery
• Penal Code 273.5 PC – Corporal Injury on a Spouse or Cohabitant
• Penal Code 368 PC – Elder Abuse
• Penal Code 288 PC – Lewd Acts with a Child
• Penal Code 29800 PC – Felon in Possession of a Firearm
• Penal Code 647(b) PC – Solicitation of Prostitution
• Penal Code 245(a)(1) PC – Assault with a Deadly Weapon
• Penal Code 422 PC – Criminal Threats
• Penal Code 451 PC – Arson
• Penal Code 518 PC – Extortion
• Penal Code 470 PC – Forgery
• Penal Code 476a PC – Check Fraud
• Penal Code 550(a) PC – Insurance Fraud

In addition to these serious felonies and “wobblers” (which can be charged as felonies or misdemeanors), the Penal Code also sets forth many misdemeanor and infraction-level offenses, like disturbing the peace, trespassing, petty theft, exhibition of speed, etc.

Penalties for California Penal Code Offenses

The California Penal Code not only defines crimes but also specifies the potential penalties a defendant convicted of each crime faces. The exact punishment can vary based on the specific offense, the circumstances of the case, and the defendant’s prior criminal history.

But in general, Penal Code crimes are punishable as follows:

Felony Offenses

A felony is the most serious type of crime under the California Penal Code. Most felony convictions result in a state prison sentence and hefty fines. For example, first-degree murder is punishable by 25 years to life in prison. Rape is punishable by up to 8 years in prison unless the alleged victim was a minor.

Misdemeanor Offenses

A misdemeanor is a less serious crime than a felony but more serious than an infraction. Most misdemeanor convictions result in county jail time of up to 1 year and/or a fine of up to $1000. For example, basic assault is a misdemeanor punishable by up to 6 months in jail.

“Wobbler” Offenses

Some crimes in the Penal Code are known as “wobblers” and can be prosecuted as either felonies or misdemeanors, depending on the specifics of the case and the defendant’s criminal history. The decision of whether to charge a wobbler as a felony or misdemeanor is up to the prosecutor’s discretion. Examples of common wobblers include assault, domestic violence, and theft.

Infraction Offenses

Infractions are the least serious type of offense in the Penal Code. They are generally not punishable by any jail time, only a monetary fine. Most infraction fines are a few hundred dollars at most. Examples of infractions include disturbing the peace, trespassing, and exhibition of speed.

Legal Defenses to California Crimes

Fortunately, being charged with a California Penal Code offense doesn’t mean you’ll automatically be convicted. You have important Constitutional rights as a criminal defendant, including the right to legal counsel and the right to present a defense in court.

Just some of the many possible legal defenses that may apply to Penal Code charges, depending on the facts of the case, include:

• Lack of intent/accident
• Mistaken identity
• False accusation/wrongful arrest
• Police misconduct
• Illegal search and seizure
• Entrapment
• Alibi
• Statute of limitations expired
• Self-defense/defense of others
• Coerced confessions
• Insufficient evidence
• Insanity
• Factual innocence

An experienced California criminal defense attorney can review the unique circumstances of your case and determine the strongest legal defenses to assert on your behalf.

At David P. Shapiro Criminal Defense Attorneys, our skilled lawyers have decades of combined experience successfully defending clients against all types of Penal Code charges in San Diego and Chula Vista. We know the ins-and-outs of the California Penal Code and are committed to aggressively protecting your rights and freedom.

If you or a loved one has been charged with violating any provision of the California Penal Code, contact our office today for a free and confidential consultation. We’re here to provide the tireless advocacy you need and deserve during this stressful time.