Criminal Defense Laws in California

Criminal Defense Law in California: Overview

California's criminal justice system is one of the most complex and reform-oriented in the nation. The state has undergone transformative changes through voter-approved ballot propositions, including Proposition 36 (2012, reforming the Three Strikes law), Proposition 47 (2014, reducing certain felonies to misdemeanors), Proposition 57 (2016, expanding parole eligibility), and Proposition 64 (2016, legalizing recreational marijuana). California has a moratorium on the death penalty, imposed by Governor Newsom in 2019, though capital punishment remains on the books. The state classifies crimes as felonies, misdemeanors, or infractions, and many offenses are designated as "wobblers" that can be charged as either a felony or misdemeanor at the prosecutor's discretion. California does not have a Stand Your Ground statute, but case law establishes that there is no duty to retreat when acting in lawful self-defense. The state's bail system was significantly reformed, and Senate Bill 10 attempted to eliminate cash bail, though it was rejected by voters in 2020. California's expungement and record relief options are among the most expansive in the country.

Key Statutes & Deadlines

Three Strikes Law as Reformed by Proposition 36

California's original Three Strikes law (1994) mandated a sentence of 25 years to life for any third felony conviction if the defendant had two prior "strikes" (serious or violent felonies). This led to extremely long sentences for relatively minor third offenses. Proposition 36, passed by voters in 2012, reformed the law so that the 25-to-life sentence only applies when the third strike is itself a serious or violent felony. If the third conviction is for a non-serious, non-violent felony, the sentence is double the normal term. Proposition 36 also allowed approximately 3,000 inmates serving 25-to-life sentences under the old law to petition for resentencing. A second strike still doubles the sentence for any subsequent felony. The list of qualifying "strikes" includes offenses such as murder, robbery, rape, burglary of an inhabited dwelling, and serious drug offenses defined in Cal. Penal Code § 667.5(c) and § 1192.7(c).

Proposition 47 and Felony Reduction

Proposition 47, passed in 2014, reclassified several non-violent offenses from felonies to misdemeanors. Affected offenses include shoplifting (under $950), grand theft (under $950), receiving stolen property (under $950), forgery (under $950), writing bad checks (under $950), and personal-use drug possession. These offenses are now misdemeanors regardless of the defendant's criminal history. Proposition 47 also created a process for individuals currently serving felony sentences for these reclassified offenses to petition for resentencing, and for those who have completed their sentences to petition for reclassification. The savings from reduced incarceration are directed to a fund supporting mental health, substance abuse treatment, and truancy prevention programs. As of 2024, Proposition 36 (a different 2024 ballot measure) modified some Prop 47 provisions by adding sentencing enhancements for repeat theft offenders.

No Duty to Retreat in Self-Defense

Although California does not have a statutory Stand Your Ground law, California jury instruction CALCRIM No. 505 establishes that a person who is not the initial aggressor has no duty to retreat before using force in self-defense, including deadly force. This principle derives from case law rather than statute. The Castle Doctrine is codified in Cal. Penal Code § 198.5, which creates a presumption that the use of deadly force within one's home against an intruder who unlawfully and forcibly enters is reasonable. California also recognizes the defense of others and defense of property, though deadly force may not be used solely to protect property. Self-defense claims require that the defendant had a reasonable belief of imminent danger of death or great bodily injury.

California Court System

California's criminal courts consist of Superior Courts in each of the state's 58 counties, which handle all felony and misdemeanor trials. California does not use grand juries for routine felony prosecutions; instead, cases proceed by preliminary hearing before a magistrate judge. Grand juries may be used but are more commonly employed for investigations. Appeals from Superior Court go to one of six Districts of the California Courts of Appeal, and further review is available from the California Supreme Court. Death penalty cases are automatically appealed directly to the Supreme Court. California uses 12-person juries for felony cases and requires unanimous verdicts. Misdemeanor juries are also 12 members unless the parties stipulate to fewer.

Damages & Penalties

California classifies felonies by specific statutes rather than a letter or number class system. Many felonies specify a "triad" of three possible prison terms (low, middle, and high), and the judge selects among them based on aggravating and mitigating circumstances. Under the Determinate Sentencing Law (Cal. Penal Code § 1170), most felonies carry fixed terms. Enhancements can add years for circumstances such as use of a firearm (Cal. Penal Code § 12022.53, adding 10, 20, or 25 years to life), prior prison terms, or gang involvement. Misdemeanors carry up to one year in county jail. California's Realignment (AB 109, 2011) shifted many lower-level felony sentences from state prison to county jail. The death penalty is on the books for first-degree murder with special circumstances but has been under moratorium since 2019.

Recent Legislative Changes

Governor Newsom imposed a moratorium on executions in 2019, and the state dismantled its death row by moving inmates to general population. Proposition 36 (2024) modified Proposition 47 by increasing penalties for repeat retail theft and fentanyl-related offenses. Senate Bill 1437 (2018) reformed the felony murder rule to require that a defendant actually committed or intended a killing, allowing resentencing petitions. Assembly Bill 2799 (2022) limited the use of rap lyrics and creative expression as evidence in criminal trials. California continues to expand automatic record clearance through technology-driven reforms.

Frequently Asked Questions