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

Crime

Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...

" 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. In California, there are three different types of crimes: (1) Infractions, (2) Misdemeanor

Misdemeanor

A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...

s, and (3) Felonies

Felony

A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...

.

Infractions

An infraction is not a crime (see People v. Sava (1987) 190 Cal.App.3d 935, 235 Cal.Rptr. 694) and is not punishable by imprisonment. 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

Speed limit

Road speed limits are used in most countries to regulate the speed of road vehicles. Speed limits may define maximum , minimum or no speed limit and are normally indicated using a traffic sign...

, etc.

Misdemeanors

A misdemeanor is a crime punishable by imprisonment in a county or city jail or detention facility not to exceed one year. 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. However, many misdemeanor offenses specifically list a punishment that exceeds the punishment listed in Penal Code

California Penal Code

The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....

 section 19. For example, a misdemeanor violation of Battery

Battery (crime)

Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...

 on a Peace Officer

Peace officer

A law enforcement officer , in North America, is any public-sector employee or agent whose duties involve the enforcement of laws. The phrase can include police officers, prison officers, customs officers, immigration officers, bailiffs, probation officers, parole officers, auxiliary officers, and...

 is punishable by imprisonment in a county jail for up to one year and/or a two thousand dollar fine.

Felonies

A felony is a more serious crime that can be punished by death or imprisonment in a state prison. A person convicted of a felony can also be granted probation

Probation

Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...

 instead of a prison sentence. 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

Restitution

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court...

 to the victim for actual losses. In addition, the court may impose other conditions as long as the conditions are reasonably related to the defendant's crime, or to future criminality.

External links

For examples of some of the more common criminal charges in California, see Commonly Charged Offenses