A Quick Reference Guide
California’s criminal statutes are found primarily in the California Penal Code. Each code section defines specific criminal offenses, penalties, and procedural rules. At Simmons Wagner, LLP, our attorneys have extensive experience defending clients charged under a wide range of Penal Code provisions. If you or a loved one is facing criminal allegations, call (949) 439-5857 for a free, confidential consultation.
Homicide Offenses
Murder (Penal Code § 187)
- Unlawful killing of a human being (or a fetus) with malice aforethought.
- Can be charged as first-degree or second-degree murder, carrying potential sentences of 15 years to life, life without parole, or even the death penalty in certain cases.
Manslaughter (Penal Code §§ 192 & 193)
- Voluntary Manslaughter: Killing during a sudden quarrel or in the heat of passion.
- Involuntary Manslaughter: Killing without intent to do harm, but resulting from reckless or negligent conduct.
- Penalties can include up to 11 years in state prison, depending on circumstances and prior record.
Assault & Battery
Simple Assault (Penal Code § 240)
- Attempting to commit a violent injury on another person.
- Typically a misdemeanor punishable by up to 6 months in jail.
Battery (Penal Code § 242)
- Willful and unlawful use of force or violence upon another.
- Penalties vary from a misdemeanor up to a felony (e.g., “battery causing serious bodily injury”).
Assault with a Deadly Weapon (Penal Code § 245)
- Assault with a firearm, knife, or other deadly instrument.
- Often a “wobbler,” meaning it can be charged as either a felony or a misdemeanor.
Sex Crimes
Rape (Penal Code § 261)
- Non-consensual intercourse accomplished by force, violence, or threats.
- Convictions can lead to lengthy prison terms and lifetime sex offender registration.
Statutory Rape (Penal Code § 261.5)
- Unlawful sexual intercourse with a minor (under 18), even if the minor appears to consent.
- Can be charged as a misdemeanor or felony, depending on the age difference.
Child Molestation / Lewd Acts (Penal Code § 288)
- Lewd or lascivious acts with a minor under age 14.
- Often carries enhanced sentences due to the involvement of a child.
Theft-Related Offenses
Petty Theft (Penal Code §§ 484 & 488)
- Stealing property valued at $950 or less.
- Generally a misdemeanor punishable by up to 6 months in jail.
Grand Theft (Penal Code § 487)
- Theft of property valued over $950, or specific items like firearms and certain livestock.
- Can be charged as a “wobbler,” leading to either jail time or state prison.
Burglary (Penal Code § 459)
- Entering a structure (home, business, locked vehicle) with intent to commit theft or another felony.
- Residential burglary (first-degree) is typically a felony with severe penalties.
Robbery (Penal Code § 211)
- Taking property from another’s immediate possession through force or fear.
- Always a felony, with penalties varying by degree and use of a weapon.
Domestic Violence (Penal Code § 273.5)
- Willful infliction of corporal injury on a spouse, cohabitant, or intimate partner.
- Can be charged as a misdemeanor or felony, subject to incarceration, fines, and mandatory counseling.
- A conviction may also impose strict firearm restrictions.
Drug & Controlled Substance Offenses
Although many drug laws appear in the Health & Safety Code, key penal code sections apply to drug-related crimes such as possession of a controlled substance with intent to sell.
- Possession for Sale: Often a felony, with sentencing guidelines depending on the substance and criminal record.
- Transportation or Trafficking: Transporting drugs across county lines or in large quantities can increase penalties significantly.
White Collar & Financial Crimes
Embezzlement (Penal Code § 503)
- Fraudulent appropriation of property entrusted to one’s care.
- Punished based on the value of stolen property and circumstances.
Money Laundering (Penal Code § 186.10)
- Engaging in financial transactions to conceal the source of illegally obtained funds.
- A “wobbler” offense, possibly charged at the state or federal level.
Forgery (Penal Code §§ 470–483.5)
- Falsifying documents, signatures, or seals with intent to defraud.
- May be charged as a misdemeanor or felony, depending on loss amount and criminal history.
Gang Enhancements (Penal Code § 186.22)
- Adds significant sentence enhancements for crimes committed to benefit a criminal street gang.
- A conviction under these enhancements can result in much harsher penalties than the underlying offense alone.
Additional “Wobbler” Offenses
Many California crimes—often called “wobblers”—can be charged as either misdemeanors or felonies based on factors such as:
- Prior convictions
- Value of property at stake
- Whether violence or weapons were involved
- The defendant’s role or level of participation
Examples of wobblers include certain thefts, assaults, and drug crimes. The way these offenses are charged can drastically affect potential penalties.
Our Defense Approach
At Simmons Wagner, LLP, we believe that every individual deserves a robust and tailored defense. From misdemeanors to serious felonies, we handle cases involving every aspect of the California Penal Code. Our approach includes:
- Immediate Review: Analyzing arrest records, police reports, and available evidence for any weaknesses or procedural errors.
- Negotiation & Litigation: We proactively negotiate for reduced charges or alternative sentencing, but we’re fully prepared to go to trial if needed.
- Client-Centered Strategy: We personalize every defense plan, considering your background, case specifics, and potential mitigating factors.
Contact Us
Facing criminal charges under the California Penal Code can be a daunting experience. Whether your situation involves serious felonies or lesser offenses, Simmons Wagner, LLP is here to stand by your side, protecting your rights and your future. Call us at (949) 439-5857 to schedule a free, confidential consultation. We’ll examine your case, explain your legal options, and advocate tirelessly on your behalf.