This is a quick reference to the maximum penalties for common California misdemeanors and wobblers, grouped by severity.
Important: a maximum is not your likely outcome. Most misdemeanors resolve far below the maximum — often through judicial diversion (PC 1001.95) or a dismissal.
Infraction Level (Fine Only, No Jail)
| Charge | Code Section | Classification | Max Jail | Max Fine |
|---|---|---|---|---|
| Open container while driving | VC 23222 | Infraction | None | Fine only |
Misdemeanors: Up to 6 Months
| Charge | Code Section | Classification | Max Jail | Max Fine |
|---|---|---|---|---|
| Petty theft | PC 488 | Misdemeanor | 6 months | $1,000 |
| Shoplifting | PC 459.5 | Misdemeanor | 6 months | $1,000 |
| Simple battery | PC 242 | Misdemeanor | 6 months | $2,000 (assault PC 240: $1,000) |
| Trespassing | PC 602 | Misdemeanor | 6 months | $1,000 |
| Public intoxication | PC 647(f) | Misdemeanor | 6 months | $1,000 |
| Drug paraphernalia | HS 11364 | Misdemeanor | 6 months | — |
| Cannabis for sale | HS 11359 | Misdemeanor (adult misdemeanor) | 6 months | $500 |
| Burglary tools | PC 466 | Misdemeanor | 6 months | $1,000 |
| Hit and run — property | VC 20002 | Misdemeanor | 6 months | $1,000 |
| False ID to an officer | PC 148.9 | Misdemeanor | 6 months | $1,000 |
| False police report | PC 148.5 | Misdemeanor | 6 months | $1,000 |
| Sexual battery | PC 243.4(e)(1) | Misdemeanor — PC 290 registration | 6 months | $2,000 |
| Prostitution / solicitation | PC 647(b) | Misdemeanor | 6 months | $1,000 |
| Driving without a license | VC 12500 | Misdemeanor, frequently reduced to an infraction | — | — |
| Disturbing the peace | PC 415 | Misdemeanor | 90 days | $400 |
| Suspended license | VC 14601.1 | Misdemeanor | 6 months (VC 14601.2: 10-day minimum) | $300–$1,000 |
| Harassing communications | PC 653m / 653.2 | Misdemeanor | 6 months | $1,000 |
| Indecent exposure | PC 314 | Misdemeanor — PC 290 registration | 6 months | — |
Misdemeanors: Up to 1 Year
| Charge | Code Section | Classification | Max Jail | Max Fine |
|---|---|---|---|---|
| Drug possession | HS 11377 | Misdemeanor | 1 year | — |
| Under the influence | HS 11550 | Misdemeanor | 1 year | — |
| Resisting arrest | PC 148 | Misdemeanor | 1 year | $1,000 |
| Battery on an officer | PC 243(b) | Misdemeanor | 1 year | $2,000 |
| Receiving stolen property ≤$950 | PC 496 | Misdemeanor | 1 year | — |
| Violating a restraining order | PC 273.6 | Misdemeanor | 1 year | $1,000 |
| Evading | VC 2800.1 | Misdemeanor | 1 year | — |
| False imprisonment | PC 236 | Misdemeanor (felony if by force) | 1 year | $1,000 |
Wobblers (Misdemeanor or Felony)
| Charge | Code Section | Classification | Max Jail | Max Fine |
|---|---|---|---|---|
| Assault with a deadly weapon | PC 245(a)(1) | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony: 2–4 yrs | — |
| Criminal threats | PC 422 | Wobbler (Misdemeanor or Felony) — felony is a strike | Misd: up to 1 yr / Felony: (strike) | — |
| Corporal injury — DV | PC 273.5 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony: 2–4 yrs | — |
| Stalking | PC 646.9 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony | — |
| Forgery | PC 470 | Wobbler — misdemeanor if ≤$950 / felony | — | — |
| Vehicle taking | VC 10851 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony | — |
| Concealed firearm | PC 25400 | Wobbler — felony if aggravated | — | — |
| Concealed dirk/dagger | PC 21310 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony | — |
| Animal cruelty | PC 597 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony | Up to $20,000 |
| Elder abuse | PC 368 | Wobbler (Misdemeanor or Felony) | — | — |
| Dissuading a witness | PC 136.1 | Wobbler (Misdemeanor or Felony) — any felony 136.1 is a strike, PC 1192.7(c)(37) | Misd: up to 1 yr / Felony | — |
| Resisting an executive officer | PC 69 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony | — |
| Accessory after the fact | PC 32 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony | — |
| DUI causing injury | VC 23153 | Wobbler (Misdemeanor or Felony) | — | — |
| Grand theft | PC 487 | Wobbler (Misdemeanor or Felony) | Misd: up to 1 yr / Felony | — |
Frequently Asked Questions
What is the maximum penalty for a misdemeanor in California?
Most misdemeanors carry a maximum of either six months or one year in county jail, plus a fine (commonly up to $1,000). Wobblers can be charged as felonies with greater exposure. A maximum is not the likely outcome — most cases resolve well below it.
Do most misdemeanors result in jail time?
No. For most first-time and low-level misdemeanors, actual jail is uncommon. The typical outcomes are probation, fines, programs, and — ideally — a resolution that avoids a conviction, such as diversion or civil compromise.
What is the difference between a six-month and one-year misdemeanor?
It refers to the maximum county-jail term the statute allows. Some misdemeanors cap at six months, others at one year. The cap affects exposure and, in some cases, immigration analysis — but the actual sentence is usually far lower.
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A maximum penalty is not your likely outcome — most cases resolve far below it. Tell me your charge and I'll tell you the realistic range.
Schedule Free ConsultationAbout the Author
Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com