Criminal Defense in California
Criminal defense covers how charges are classified and how a case moves through the courts. In California, crimes are infractions, misdemeanors, or felonies, and some 'wobblers' can be charged either way. This hub explains the process and your rights, then links guides to common charges — the criminal process, DUI, drugs, theft, and assault.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. If you’re charged with a crime, talk to a California criminal-defense attorney about your case.
California’s criminal laws are mostly in the Penal Code, and all trial cases are heard in a single, unified court.
How crimes are classified
Under Penal Code § 16, California crimes are infractions, misdemeanors, and felonies. A felony is punishable by death, state prison, or county jail under PC § 1170(h); every other crime is a misdemeanor unless it’s an infraction (PC § 17(a)).
A special category — “wobblers” (PC § 17(b)) — can be charged as either a felony or a misdemeanor, and the court can treat them as misdemeanors in defined circumstances.
The Superior Court
California unified its trial courts, eliminating the old separate municipal courts. Unification was authorized by Proposition 220 in June 1998 and completed statewide by 2001. Today all trial cases are heard in the Superior Court.
Your rights run throughout
At every stage you have the right to counsel (appointed if you can’t afford one) and the presumption of innocence — the State must prove guilt beyond a reasonable doubt.
The guides
For specific topics, see the criminal process, DUI, drug charges, theft, and assault & battery. To get matched with a local California attorney, connect with a lawyer.
Guides
- California Assault & Battery Charges
In California, assault (Penal Code § 240) is an unlawful attempt with present ability to injure — no contact required — while battery (§ 242) is any willful, unlawful use of force on another. Simple battery is a misdemeanor (§ 243); domestic battery under § 243(e)(1) carries enhanced consequences. Assault with a deadly weapon (§ 245(a)(1)) is a wobbler — confirm current fine and jail figures.
- The California Criminal Process & How Charges Are Classified
California crimes are infractions, misdemeanors, or felonies (Penal Code § 16). A felony is punishable by death, state prison, or county jail under PC § 1170(h); everything else is a misdemeanor unless an infraction (§ 17(a)). 'Wobblers' can be charged either way (§ 17(b)). All cases are heard in the unified Superior Court, and a felony moves through arraignment, preliminary hearing, and trial.
- California Drug Charges
In California, simple possession under Health & Safety Code §§ 11350 and 11377 is generally a misdemeanor for most defendants — a change made by Proposition 47 (2014). Possession for sale (§ 11351) and transportation/sale (§ 11352) remain felonies. Proposition 64 (2016) legalized adult-use cannabis. Proposition 36 (2024) created a new treatment-mandated felony for repeat hard-drug possession — confirm current statute.
- California DUI Charges
California DUI law (Vehicle Code § 23152) makes it illegal to drive under the influence or with a BAC of 0.08% or more — 0.04% for commercial and for-hire drivers, and 0.01% for drivers under 21 (§ 23136). Implied consent (§ 23612) means refusing a chemical test after a lawful arrest triggers DMV penalties. A 4th DUI within 10 years (§ 23550) is felony-eligible — confirm current penalties.
- California Theft Charges
California defines theft in Penal Code § 484. Petty theft (§ 488) covers $950 or less and is generally a misdemeanor after Proposition 47 (2014) under PC § 490.2; grand theft (§ 487) applies above $950 or to certain property regardless of value. Proposition 36 (2024) partially rolled back Prop 47, allowing a felony for someone with two or more prior theft convictions — confirm current statute.
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