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Aggravated sexual assault of a child under California Penal Code § 269 is one of the most serious charges in California’s criminal code. A conviction carries a mandatory prison sentence of 15 years to life, lifetime sex offender registration as a Tier 3 offender, and consequences that follow you for the rest of your life. Because of how severe the penalties are, and because allegations like these can arise from misunderstanding, mistaken identification, or false claims in contentious family situations, having an experienced defense attorney from the first contact with police is critical.
If you or a family member has been accused under PC 269, do not talk to investigators, do not contact the alleged victim or their family, and do not try to explain. Call the Los Angeles sex crime defense attorneys at Manshoory Law Group immediately. Cases at this level move quickly, and early intervention can shape the entire defense.
What Penal Code 269 Actually Prohibits
Despite being called “aggravated sexual assault of a child,” PC 269 is technically an enhancement statute. It elevates the penalty for certain specified sex offenses when they are committed against a child under the age of 14 by someone who is at least seven years older than the child.
For PC 269 to apply, the prosecution must prove that the defendant committed one of the following five underlying offenses against the alleged victim:
Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury (Penal Code § 261(a)(2) or (a)(6))
Rape in concert with another person (Penal Code § 264.1)
Sodomy by force, violence, duress, menace, or fear (Penal Code § 286(c)(2) or (3), or (d))
Oral copulation by force, violence, duress, menace, or fear (Penal Code § 287(c)(2) or (3), or (d))
Sexual penetration with a foreign object by force, violence, duress, menace, or fear (Penal Code § 289(a))
Three conditions must all be true:
The alleged victim was under 14 years old at the time
The defendant was at least seven years older than the alleged victim
The conduct involved force, violence, duress, menace, or fear (this is what distinguishes PC 269 from other child-related sex offenses)
If any one of these elements is missing, PC 269 does not apply. The conduct may still be prosecutable under another statute (such as PC § 288 for lewd acts with a minor), but the 15-to-life sentencing trigger requires all three.
This is an important point that’s often misunderstood. Not every alleged sex offense involving a child is a PC 269 case. The “aggravated” label specifically refers to force, violence, duress, or fear being part of the alleged conduct.
Penalties Under PC 269
PC 269 carries one of the harshest sentencing structures in California criminal law.
Mandatory prison sentence. A conviction is punishable by 15 years to life in state prison. The defendant must serve at least 15 years before becoming eligible for parole consideration, and parole is far from automatic at that point.
Consecutive sentencing for multiple counts. PC 269 expressly allows judges to impose consecutive 15-to-life terms when:
The same defendant committed PC 269 offenses against more than one victim, or
The defendant committed PC 269 offenses against the same victim on more than one occasion
So a defendant charged with three counts arising from three separate alleged incidents can face 45 years to life before any parole eligibility.
Re-register every year within five working days of their birthday
Re-register within five working days of any move
Appear on the public Megan’s Law website indefinitely
Comply with extensive residency and employment restrictions
No statute of limitations. Under Senate Bill 813 (effective January 1, 2017), California removed the statute of limitations for most serious felony sex offenses, including PC 269. This means prosecutors can file charges decades after the alleged conduct. For older cases, the law in effect at the time of the alleged conduct generally controls. See our guide explaining that California has no statute of limitations for serious sex offenses for more on how this rule works.
Other consequences. A conviction can also result in deportation for non-citizens, lifetime loss of firearm rights, loss of professional licenses, ineligibility for many forms of employment, residency restrictions, mandatory GPS monitoring in some cases, and lifetime prohibition on certain occupations involving children.
Related Charges Often Filed Alongside PC 269
PC 269 rarely appears alone in a charging document. Prosecutors typically file multiple counts under different statutes covering related conduct.
Lewd acts with a child (PC § 288). Touching a child under 14 for sexual purposes, or causing the child to touch themselves or another person sexually. Punishable by 3, 6, or 8 years in state prison, or 5, 8, or 10 years if force or duress was involved.
Continuous sexual abuse of a child (PC § 288.5). Three or more acts of substantial sexual contact with a child under 14 over a period of three months or more by someone with recurring access to the child. Punishable by 6, 12, or 16 years in state prison.
Statutory rape (PC § 261.5). Sexual intercourse with a minor under 18, regardless of consent. Penalties vary based on the age difference between the parties.
Annoying or molesting a child (PC § 647.6). A misdemeanor in most cases, but a wobbler when there are prior convictions.
A single allegation can produce charges under multiple statutes, dramatically increasing the potential prison exposure.
Defenses Against PC 269 Charges
Despite the severity of the charge, several defenses are available depending on the facts.
Mistaken identity. Children may misidentify their alleged abuser, especially when there are multiple adults in the household, when significant time has passed, or when leading questioning has shaped the child’s account. DNA evidence, alibi evidence, and forensic interview analysis can all support this defense.
False allegations. False allegations of child sexual assault are rare but real. They sometimes arise in contentious custody disputes, divorces, or family conflicts. Patterns of disclosure, inconsistencies in the account, and motives to fabricate can all be examined.
Lack of force, duress, or fear. Because PC 269 specifically requires that the alleged underlying offense was committed by force, violence, duress, menace, or fear, the prosecution must prove that element beyond a reasonable doubt. If the alleged conduct does not meet that threshold, PC 269 doesn’t apply, even if other charges might.
Age difference defense. PC 269 requires the defendant to be at least seven years older than the alleged victim. If the age gap is less than seven years, PC 269 cannot apply. The conduct may still be charged under other statutes, but not at the 15-to-life level.
Unreliable child interview evidence. Modern forensic interview protocols (such as the CornerHouse or RATAC method) exist precisely because children are highly suggestible. A defense expert can review whether the interview was conducted properly. Leading or suggestive questioning can taint a child’s testimony.
Coerced or involuntary confession. If law enforcement obtained statements from the defendant through threats, prolonged interrogation, deprivation, or other coercive tactics, those statements may be inadmissible under the Fifth Amendment. A motion to suppress can exclude them.
Unlawful search or seizure. Investigations of these allegations frequently involve searches of phones, computers, cloud accounts, and homes. If law enforcement obtained evidence through an unlawful search, your attorney can move to suppress under Penal Code § 1538.5.
Insufficient evidence. The prosecution must prove every element beyond a reasonable doubt. In cases without physical evidence, the case can come down to the credibility of the alleged victim, the consistency of their account, and corroborating evidence. Aggressive cross-examination and independent investigation can expose weaknesses.
What to Do If You’re Being Investigated
If law enforcement has contacted you, even casually, about an allegation involving a minor, your next steps are critical.
Do not speak to investigators. Politely decline to be interviewed. “I want to speak with my attorney before answering any questions.” Police interviews in these cases are designed to produce admissions.
Do not contact the alleged victim or their family. Any communication can be used as evidence of consciousness of guilt or witness intimidation.
Do not delete anything. Destroying or modifying evidence (text messages, photos, browser history) can lead to obstruction charges and create a damaging inference at trial.
Preserve exculpatory evidence. Anything that supports your version of events, location data, witnesses, communications, should be preserved immediately.
Hire a defense attorney experienced in serious sex cases. Not every criminal defense lawyer handles cases at this level. You need someone with specific experience defending serious sex offenses, including the use of forensic experts, child interview specialists, and DNA experts.
Understand your rights at every stage. For a complete walkthrough of post-arrest procedure, see our guide to your rights when arrested.
The decisions you make in the first 48 hours of an investigation can shape the entire case. Speak to a lawyer first, then decide what (if anything) to say to anyone else.
Frequently Asked Questions
What is the minimum sentence for aggravated sexual assault of a child in California?
The minimum sentence under Penal Code 269 is 15 years to life in state prison. The defendant must serve at least 15 years before being eligible for parole consideration. For convictions on multiple counts, the court can impose consecutive 15-to-life terms, meaning a defendant could face decades before any parole eligibility.
What’s the difference between PC 269 and PC 288?
PC 269 (aggravated sexual assault of a child) applies to specific serious sex offenses committed against a child under 14 by someone at least seven years older, where force, violence, duress, menace, or fear is involved. PC 288 (lewd acts with a minor) covers a broader range of sexual conduct with a child under 14, including conduct without force. PC 269 carries 15 years to life; PC 288 carries 3 to 10 years depending on the circumstances.
Is there a statute of limitations on PC 269 charges?
No. Under Senate Bill 813 (effective January 1, 2017), California removed the statute of limitations for most serious felony sex offenses, including aggravated sexual assault of a child. This means charges can be filed at any time, including decades after the alleged conduct, as long as the prior statute of limitations had not already expired before SB 813 took effect.
Will a PC 269 conviction require sex offender registration?
Yes. A conviction under PC 269 requires lifetime Tier 3 registration under California’s Sex Offender Registration Act (PC § 290). Tier 3 is the most restrictive level, requiring annual registration, registration within five days of any move, and indefinite inclusion on the public Megan’s Law website. There is no path to removal from Tier 3 registration.
Can I get probation instead of prison for a PC 269 conviction?
Generally no. PC 269 is one of the most restricted offenses for probation eligibility in California. While there are very narrow circumstances where a judge has discretion, probation is essentially unavailable in the vast majority of PC 269 cases. The mandatory sentence of 15 years to life is the rule, not the exception.
Talk to a Los Angeles Sex Crime Defense Attorney Today
A charge under Penal Code 269 is among the most serious accusations a person can face in California. The penalties are severe, the social consequences are devastating, and the cases themselves often turn on technical evidentiary issues like child forensic interview protocols, DNA analysis, suggestibility, and the precise statutory elements the prosecution must prove. Defending these cases requires specialized experience.
The criminal defense attorneys at Manshoory Law Group focus exclusively on criminal defense, including serious sex offenses, throughout Los Angeles, Orange County, and Southern California. We know how prosecutors build these cases, how to challenge unreliable evidence, when to bring in independent forensic experts, and where the weaknesses in the prosecution’s case tend to be.
Consultations are free and confidential, and we’re available 24/7. Flexible payment plans are available.
Computer crime charges sound like something out of a movie, but they apply to a much wider range of conduct than most people realize. Logging into an ex-partner’s email. Using a coworker’s password to pull up a file. Sharing a streaming service login that violates the terms of service. Running a vulnerability scan on a website without permission. Sending a phishing-style message as a “prank.” In 2026, all of these can trigger criminal charges under either California law, federal law, or both.
The stakes are high. A federal Computer Fraud and Abuse Act (CFAA) conviction can carry up to 10 years for a first offense and 20 years for repeat or aggravated conduct. A California Penal Code § 502 conviction can mean up to 3 years in state prison plus civil liability to the victim. Both laws are written broadly enough that prosecutors can charge conduct most people wouldn’t think twice about.
If you’ve been contacted by the FBI, the U.S. Secret Service, a state agency, or local law enforcement about a computer or internet-related matter, talk to a Los Angeles criminal defense attorney before saying a word. Computer crime cases are evidence-heavy and timeline-sensitive, and early intervention can change the outcome significantly.
The Federal Law: The Computer Fraud and Abuse Act (CFAA)
The primary federal computer crime law is 18 U.S.C. § 1030 (the Computer Fraud and Abuse Act). Originally passed in 1986 to address hacking of government and bank computers, the CFAA has been amended repeatedly and now reaches essentially any computer connected to the internet.
The CFAA prohibits seven main categories of conduct involving “protected computers” (a term that, in practice, covers almost any computer connected to the internet):
1. Obtaining national security information (§ 1030(a)(1)) Knowingly accessing a computer without authorization and obtaining national defense or foreign relations information. Up to 10 years for a first offense.
2. Accessing a computer to obtain information (§ 1030(a)(2)) Intentionally accessing a computer without authorization or exceeding authorized access to obtain information. This is the most common charge and the broadest. Up to 1 year (misdemeanor), or up to 5 years (felony) if done for commercial advantage, financial gain, or with damages over $5,000.
3. Trespassing on a government computer (§ 1030(a)(3)) Up to 1 year for a first offense.
4. Accessing a computer to commit fraud (§ 1030(a)(4)) Knowingly accessing a protected computer with intent to defraud, where the conduct furthers the fraud and yields anything of value over $5,000. Up to 5 years for a first offense.
5. Damaging a computer (§ 1030(a)(5)) Knowingly causing damage, including transmitting code, programs, or commands. This is how ransomware and malware cases are typically charged. Up to 10 years for a first offense, with enhancements up to 20 years for repeat offenders or aggravated harm.
6. Trafficking in passwords (§ 1030(a)(6)) Up to 1 year for a first offense.
7. Threatening to damage a computer (§ 1030(a)(7)) Extortion-type threats involving computers. Up to 5 years.
Van Buren v. United States: A Critical Defense
In Van Buren v. United States (2021), the U.S. Supreme Court significantly narrowed the CFAA. A police officer named Nathan Van Buren had accepted money to look up a license plate in a law enforcement database he was authorized to use. He was charged under § 1030(a)(2) for “exceeding authorized access.”
The Supreme Court reversed the conviction and held that a person does not “exceed authorized access” merely by using legitimately accessible data for an improper purpose. The CFAA now reaches only conduct where someone accesses files, folders, databases, or areas of a system that are off-limits to them.
This is a major defense in many CFAA cases. If you had legitimate credentials and accessed data you were allowed to see, even if you misused it, the CFAA generally doesn’t apply. Other laws (such as state computer crime statutes, wire fraud, or breach of contract) may still apply, but the federal hammer is much weaker than it used to be.
DOJ’s 2022 Good-Faith Security Research Policy
In May 2022, the U.S. Department of Justice issued a charging policy that protects good-faith security research from CFAA prosecution. Good-faith research means accessing a computer solely to test, investigate, or fix a security flaw, in a manner designed to avoid harm, with findings used to improve security.
This policy doesn’t change the statute, but it provides important guidance for security researchers and penetration testers who previously faced uncertainty under the broad CFAA language.
California Penal Code § 502: The State Computer Crime Law
California has its own computer crime statute, the Comprehensive Computer Data Access and Fraud Act, codified at California Penal Code § 502. It’s one of the broadest state cybercrime laws in the country and overlaps substantially with the federal CFAA.
PC § 502(c) prohibits 14 different categories of conduct, including:
Knowingly accessing and altering, damaging, or destroying data on a computer without permission
Knowingly accessing a computer to wrongfully obtain money, property, or data
Knowingly accessing a computer without permission (even without causing damage)
Disrupting or causing the disruption of computer services
Introducing a virus, worm, or other contaminant
Knowingly providing the means of accessing a computer in violation of the statute
Using internet domains in a manner that violates the statute
Trafficking in another person’s electronic account or credentials
Penalties under PC § 502 vary based on the subsection and the amount of damage:
Infraction: First offenses with no injury and minimal access can be charged as an infraction with a fine up to $1,000.
Misdemeanor: Up to 1 year in county jail and a fine up to $5,000 (most subsections).
Felony (wobbler): When damages exceed $5,000 or for certain aggravated conduct, the offense can be filed as a felony, punishable by 16 months, 2 years, or 3 years in county jail and a fine up to $10,000.
PC § 502 also creates civil liability. The victim can sue you separately for compensatory damages, attorney’s fees, and in some cases punitive damages. This is significant: even if your criminal case resolves favorably, you can still face a civil lawsuit over the same conduct.
Related Charges Commonly Stacked With Computer Crimes
Computer crime charges rarely come alone. Prosecutors typically file multiple counts under different statutes covering the same conduct.
Wire fraud (18 U.S.C. § 1343) is the federal go-to charge for any fraudulent scheme using electronic communications, including email, websites, and phone systems. The penalty is up to 20 years in federal prison for each count (up to 30 years if a financial institution is involved).
Identity theft (18 U.S.C. § 1028 and California PC § 530.5). Using someone else’s identifying information for fraud is a separate crime. Federal aggravated identity theft (18 U.S.C. § 1028A) carries a mandatory 2-year consecutive sentence on top of the underlying fraud conviction.
Mail fraud (18 U.S.C. § 1341). The original federal fraud statute, often charged alongside wire fraud when the conduct involves both electronic and physical mail.
Access device fraud (18 U.S.C. § 1029). Trafficking in stolen credit card numbers, account credentials, or similar “access devices.” Up to 15 years for first offenses.
California identity theft (PC § 530.5). A wobbler punishable by up to 1 year in county jail (misdemeanor) or up to 3 years in state prison (felony).
Phishing (no single statute). Phishing is typically charged as a combination of wire fraud, identity theft, and CFAA violations, depending on the specifics.
Ransomware. Charged under CFAA § 1030(a)(5), often combined with wire fraud and extortion (18 U.S.C. § 1951).
A single set of facts can easily produce 5 to 15 felony counts across federal and state law. Plea negotiation typically focuses on which counts the government will dismiss in exchange for a guilty plea on others.
Conduct That Has Resulted in Federal or California Charges
People are often surprised at how broadly these laws are applied. Real examples of conduct that has led to prosecution:
Using a former employee’s still-active credentials to access a company database
Logging into an ex-partner’s email or social media accounts to monitor them
Sharing or trafficking streaming service or software credentials at scale
Sending phishing emails or fake invoices
Building a website that impersonates a legitimate business
Running a credential-stuffing attack against a website
Selling access to unauthorized streaming services
Modifying school grades through unauthorized access to a school system
Conducting “penetration testing” on a system without explicit authorization
Operating cryptocurrency or NFT-related scams
Using AI tools to generate fraudulent documents or impersonate identities
Engaging in business email compromise (BEC) schemes
Running romance scams from dating apps
Scraping data from websites in ways that violate technical access barriers
The line between aggressive but legal conduct and a federal felony often comes down to whether you had authorization to access the system, what you did with the access, and the amount of harm caused.
Defenses in Computer Crime Cases
Computer crime cases are technical, evidence-heavy, and full of defenses that don’t exist in other criminal cases.
You had authorization. Permission can be express or implied. If you reasonably believed you had authority to access the system, that defense can defeat the intent element. Van Buren made this defense more powerful by holding that misusing legitimately accessible data isn’t a CFAA violation.
Lack of intent. Both the CFAA and PC § 502 require knowing or intentional conduct. Accidental access, automated system errors, and confusion about credentials can all defeat the intent element.
Mistaken identity or spoofing. Computer crime evidence often relies on IP addresses, device fingerprints, and account access logs, all of which can be spoofed, shared, or compromised. If your IP was used by someone else (compromised router, VPN exit node, shared Wi-Fi, malware), the case may not be provable.
Constitutional violations. Many computer crime investigations involve searches of phones, computers, cloud accounts, or email. If law enforcement obtained that evidence without a proper warrant or in violation of the Fourth Amendment, your attorney can move to suppress. See our guide on when police can search your phone for more.
Good-faith security research. Under the DOJ’s 2022 policy, security researchers acting in good faith are generally protected from federal CFAA prosecution.
No protected computer. The CFAA only reaches “protected computers.” While the definition is broad, certain isolated systems may not qualify.
No actual damages. Many CFAA and PC § 502 enhancements require a specific dollar threshold of damages. Challenging the prosecution’s damage calculation can knock charges down to misdemeanors or infractions.
What to Do If You’re Being Investigated
Computer crime investigations are typically lengthy. By the time you learn you’re a target, the government often has substantial digital evidence already. The key actions:
Do not talk to investigators. FBI, Secret Service, and IRS agents are not on your side. Politely decline to be interviewed. “I want to speak with my attorney first.”
Do not delete anything. Spoliation of evidence is a separate federal crime under 18 U.S.C. § 1519 (up to 20 years). Preserve all data.
Do not log into the accounts in question. Continuing to access systems you’re already accused of accessing improperly can add new charges.
Hire a defense attorney immediately. Computer crime cases require specialized knowledge. Early counsel can sometimes prevent charges from being filed.
Preserve exculpatory evidence. Document any authorization you had, any communications about access, and any context that supports your version of events.
Do not contact alleged victims. Especially in cases involving an ex-partner, former employer, or business dispute. Contact can lead to additional charges.
If you’ve already been arrested or charged, the same principles apply, only more urgently. For a complete walkthrough of related online offenses, see our guide to California cyberstalking and online harassment laws, which covers many of the same procedural issues.
Frequently Asked Questions
Is it a federal or California crime to access someone else’s email without permission?
Both. Under federal law, it can be charged under the Computer Fraud and Abuse Act (18 U.S.C. § 1030(a)(2)) for accessing protected computer data without authorization, and possibly the Stored Communications Act (18 U.S.C. § 2701) for accessing electronic communications in storage. Under California law, it can be charged under Penal Code § 502(c). Prosecutors choose which jurisdiction takes the lead based on the facts and the strength of the evidence.
What is “exceeding authorized access” under the CFAA?
Since the Supreme Court’s decision in Van Buren v. United States (2021), “exceeding authorized access” means accessing files, folders, or areas of a computer system that you weren’t permitted to enter. It does not mean using legitimately accessible information for an improper purpose. This is one of the most significant CFAA defenses available today, and it has narrowed the reach of federal computer crime prosecutions considerably.
What are the penalties for federal computer fraud?
Penalties vary by subsection. Most CFAA offenses carry up to 1 year for a misdemeanor or 5 to 10 years for a felony first offense. Repeat offenders, damage offenses, and aggravated conduct can carry up to 20 years. Federal sentencing guidelines also factor in the amount of loss, the sophistication of the conduct, and the number of victims. State penalties under California PC § 502 range from a $1,000 infraction fine to 3 years in state prison for serious felony cases.
Can I be charged in both federal and California court for the same computer crime?
Yes. The federal and state systems are separate sovereigns, and double jeopardy generally doesn’t prevent both from prosecuting. In practice, prosecutors usually coordinate so one jurisdiction takes the lead, but parallel prosecutions do happen, especially when the conduct crosses state lines or involves federally regulated systems like banks or government agencies.
What should I do if the FBI contacts me about a computer crime investigation?
Do not talk to them, even casually. Politely say: “I want to speak with my attorney before answering any questions.” Federal investigators are trained to elicit incriminating statements during seemingly friendly conversations. Anything you say can and will be used to build the case against you. Call a criminal defense attorney immediately, ideally one with federal court experience, before any further contact.
Talk to a Los Angeles Criminal Defense Attorney Today
Computer crime and internet fraud cases are among the most complex prosecutions in the criminal justice system. They involve digital forensics, parallel state and federal jurisdiction, technical statutory language, evolving Supreme Court precedent, and victims who may also be pursuing civil litigation. The right defense strategy depends on the specific facts, the statutes charged, and how the evidence was collected.
The criminal defense attorneys at Manshoory Law Group handle both state and federal criminal cases throughout California, including computer crimes, identity theft, fraud, and related cybercrime charges. We know how prosecutors build these cases, where the digital evidence tends to be weakest, and how to push back at every stage from pre-filing through trial.
The FBI’s Internet Crime Complaint Center (IC3) reports record numbers of internet crime complaints year over year, and federal prosecutors are responding with more aggressive charging decisions than ever before. Early defense intervention matters.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
A heated argument on Instagram. A series of DMs to an ex. A comment thread that escalated. A burner account that “joked” about something serious. In 2026, the line between an angry post and a criminal charge is thinner than most people realize. California prosecutes cyberstalking and online harassment aggressively, and the consequences can include county jail, state prison, sex offender registration, and a permanent record that affects every part of your life.
If you’ve been arrested, contacted by police, or served with a restraining order over something you posted or sent online, the decisions you make in the next few days matter enormously. Don’t talk to police, don’t contact the alleged victim, and don’t delete anything (that can be a separate crime). Instead, talk to a Los Angeles criminal defense attorney immediately.
This guide explains what California cyberstalking law actually prohibits, the penalties you could face, related charges that often get stacked on top, and the strongest defenses available.
The Core Statute: California Penal Code § 646.9
California’s cyberstalking law isn’t a separate offense from stalking. It’s the same crime, Penal Code § 646.9, applied to electronic communications. The statute defines stalking as:
“Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family.”
To convict you under PC § 646.9, the prosecution must prove all of the following beyond a reasonable doubt:
You willfully and maliciously harassed or repeatedly followed the alleged victim. “Willfully” means on purpose. “Maliciously” means with the intent to disturb, annoy, or injure.
You made a credible threat. A credible threat is a verbal, written, or electronically communicated threat (or a pattern of conduct) that would cause a reasonable person to fear for their safety. The threat does not have to specifically state an intent to do harm if the surrounding conduct conveys that meaning.
You intended to place the alleged victim in reasonable fear for their own safety or the safety of their immediate family.
The communication was made through an electronic device (the internet, cell phone, social media, email, text, fax, video, or any electronic medium) when the case is charged as cyberstalking specifically.
The statute also defines two key terms:
“Harasses” means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
“Course of conduct” means two or more acts over any period of time, however short, showing continuity of purpose.
If any one of these elements is missing or weak, the prosecution cannot legally obtain a conviction.
Penalties for Cyberstalking in California
PC § 646.9 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant’s record.
Misdemeanor cyberstalking (PC § 646.9(a))
Up to 1 year in county jail
Up to $1,000 fine
Summary (informal) probation
Mandatory counseling
Possible protective order
Felony cyberstalking when a restraining order is in effect (PC § 646.9(b))
2, 3, or 4 years in state prison
Up to $10,000 fine
Felony cyberstalking with prior felony convictions (PC § 646.9(c)) This applies if you have a prior felony conviction for criminal threats (PC § 422), violation of a protective order (PC § 273.6), or domestic violence (PC § 273.5).
2, 3, or 5 years in state prison
Repeat stalking offense If you’ve been previously convicted of felony stalking and commit it again, the penalty is 2, 3, or 5 years in state prison regardless of whether the new victim is the same person.
Sex offender registration Under PC § 290.006, the sentencing judge has discretion to require sex offender registration for anyone convicted of felony stalking. This is a life-altering consequence that follows you forever.
Related Online Crimes That Often Get Stacked On
In many cases, prosecutors don’t just file PC § 646.9. They stack on additional charges that cover overlapping conduct.
Criminal threats (Penal Code § 422). Communicating a threat of death or great bodily injury to another person, where the threat causes sustained fear, is a separate crime. It’s a wobbler punishable by up to 1 year in jail (misdemeanor) or up to 3 years in state prison (felony), plus a strike under California’s Three Strikes Law if charged as a felony.
Cyber harassment / e-personation (Penal Code § 653.2). Posting harmful information about someone online (including doxxing, creating fake accounts, or impersonating someone to incite harassment) is a separate misdemeanor punishable by up to 1 year in county jail and a $1,000 fine.
Annoying or harassing electronic communications (Penal Code § 653m). Making repeated or obscene electronic communications with the intent to annoy is a misdemeanor punishable by up to 6 months in county jail.
Revenge porn (Penal Code § 647(j)(4)). Distributing intimate images of another person without consent, with the intent to cause emotional distress, is a misdemeanor punishable by up to 6 months in county jail and a $1,000 fine. Penalties increase for repeat offenders and when the victim is a minor.
Federal cyberstalking (18 U.S.C. § 2261A). When the conduct crosses state lines (which most internet conduct does), federal prosecutors can pick up the case. Federal cyberstalking is a felony punishable by up to 5 years in federal prison, or longer if the conduct results in serious injury or death.
Common Examples of Conduct That Can Lead to Charges
People are often surprised at what counts. Examples that California prosecutors have charged as cyberstalking, online harassment, or related offenses:
Repeated DMs, texts, or emails to someone who has asked you to stop
Creating burner social media accounts to contact someone who blocked you
Posting someone’s home address, phone number, or workplace online (“doxxing”)
Spreading intimate images without consent
Impersonating someone online by creating fake profiles
Posting messages that suggest harm will come to the alleged victim
Tagging someone in posts containing threats or harassment
Posting threats against family members of the alleged victim
Hacking into someone’s accounts to monitor or harass them
Signing someone up for unwanted services using their personal information
The conduct does not have to be physically threatening. The legal question is whether a reasonable person would fear for their safety based on the totality of the conduct.
The First Amendment Defense
This is one of the most important and underused defenses in online speech cases. The First Amendment protects a great deal of speech that the alleged victim may find offensive, hostile, or even alarming.
PC § 646.9 itself excludes “constitutionally protected activity” from the definition of “course of conduct.” This means:
Political speech is protected. Heated criticism of a public figure, even if it includes harsh personal attacks, is generally not stalking.
Religious or ideological expression is protected, even when it offends or upsets the listener.
Journalism and public commentary on matters of public concern is protected.
Mere insults, even repeated ones, are not enough by themselves. The conduct must include a credible threat.
The leading case is People v. Falck (1997), which made clear that “annoying” speech is not the same as a “credible threat.” Many cyberstalking prosecutions overreach by treating offensive speech as if it were criminal threats. A skilled defense lawyer can argue that the conduct was constitutionally protected and should never have been charged.
Other Common Defenses
Beyond the First Amendment, several defenses commonly succeed in California cyberstalking cases:
No credible threat. The prosecution must prove a credible threat, not just unwelcome contact or rude messages. A vague comment, an offhand joke, or an emotional outburst often doesn’t meet the legal standard.
No course of conduct. The statute requires two or more acts evidencing continuity of purpose. A single message, even an angry one, generally cannot support a stalking charge.
No intent to cause fear. Specific intent is required. If you were venting, joking with friends, or trying to communicate with someone (even badly), and there’s no evidence you actually intended to cause fear, that’s a defense.
Mistaken identity. Anonymous accounts, shared devices, hacked accounts, and IP spoofing all create real questions about who actually sent the messages. If the prosecution can’t tie the conduct to you specifically, the case falls apart.
False allegations. Cyberstalking charges sometimes arise from contentious divorces, custody battles, business disputes, or breakups. The alleged victim may have a motive to exaggerate or fabricate.
Unlawful search of your phone or accounts. If police obtained the evidence by searching your phone, social media, or cloud accounts without a warrant or valid exception, the evidence may be subject to suppression. See our guide on when police can search your phone for more on this.
What to Do If You’re Being Investigated or Charged
If you suspect or know that you’re being investigated for cyberstalking or online harassment:
Stop all contact immediately. Don’t message the alleged victim, don’t post about them, don’t mention them in any way online. Even an attempt to apologize can be charged as additional acts of stalking.
Don’t delete anything. Deleting messages, posts, emails, or accounts can lead to obstruction of justice or destruction of evidence charges. Preserve everything.
Don’t talk to police. Politely decline to be interviewed. Anything you say will be used against you. Invoke your rights: “I want a lawyer. I am not answering any questions.”
Don’t post about the case. Anything you post online, even on private accounts, can be subpoenaed and used at trial.
Document context. Save your version of the conversation in full. Screenshots that include only your messages without context are how many people get wrongly convicted. Preserve the full chain.
Call a defense attorney immediately. Early intervention can sometimes prevent charges from being filed in the first place.
For a complete walkthrough of what to do after any criminal arrest, see our guide on your rights when arrested.
Frequently Asked Questions
Is cyberstalking a felony in California?
It can be either. Under Penal Code § 646.9, cyberstalking is a wobbler offense, meaning prosecutors can charge it as a misdemeanor (up to 1 year in county jail) or a felony (up to 5 years in state prison). The classification depends on whether a restraining order was in effect, your prior criminal record, and the severity of the alleged conduct.
Can I be charged with cyberstalking for sending angry messages?
It depends on the content, frequency, and intent. Simply being angry or rude is not a crime. To convict you of cyberstalking, the prosecution must prove that you made a credible threat, intended to cause fear, and engaged in a course of conduct (two or more acts). Heated speech alone, without a credible threat, generally doesn’t meet the standard.
What is the difference between cyberstalking and online harassment?
In California, “cyberstalking” specifically refers to stalking under PC § 646.9 carried out through electronic means. “Online harassment” is a broader term that covers several different statutes, including PC § 653.2 (cyber harassment), PC § 653m (annoying electronic communications), PC § 422 (criminal threats), and PC § 647(j)(4) (revenge porn). Conduct that doesn’t meet the threshold for PC § 646.9 stalking can still be charged under one of these related laws.
Can social media posts be used as evidence?
Yes. Direct messages, public posts, comments, likes, screenshots, account metadata, and platform records can all be subpoenaed and introduced in court. Even “deleted” content is often recoverable through the platform.
What if the alleged victim provoked the conduct?
Provocation is not a complete defense, but it can be relevant context. Mutual conflict, shared chat history, or evidence that the alleged victim initiated or escalated the exchange can weaken the prosecution’s claim that you intended to cause fear.
Can I be charged if I used an anonymous account?
Yes, if law enforcement can connect the account to you. Police use subpoenas to obtain IP records, device identifiers, and account registration information from platforms. Even VPNs and burner accounts often leave evidentiary trails.
Talk to a Los Angeles Criminal Defense Attorney Today
Online harassment and cyberstalking cases are some of the fastest-growing areas of California criminal law, and prosecutors are charging them more aggressively than ever. The conduct that supports these charges is often ambiguous: messages can be misread, jokes can be taken seriously, and emotional disputes can spiral into felony filings. According to the FBI’s Internet Crime Complaint Center (IC3), reported online harassment and threats continue to climb year over year, and California is one of the most active jurisdictions for these prosecutions.
If you’re facing accusations, the right defense strategy can mean the difference between a felony record with sex offender registration and a complete dismissal. The criminal defense attorneys at Manshoory Law Group know how to dissect digital evidence, challenge the prosecution’s interpretation of online conduct, and assert First Amendment defenses where they apply.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
Your phone holds your texts, photos, banking, location history, health data, and conversations with everyone you know. So when police ask for it during a traffic stop or take it from you after an arrest, the question matters enormously: can they actually search it?
The short answer in California is: almost always, no, not without a warrant. The longer answer involves a landmark Supreme Court case, the strongest state digital privacy law in the country, and a handful of exceptions that can make or break a criminal case.
This guide breaks down exactly when police can search your phone in California, what your rights are, and what to do if you think your phone was searched unlawfully. If you’re already facing charges where phone evidence is involved, talk to a Los Angeles criminal defense attorney before you say anything else to investigators.
The General Rule: Police Need a Warrant
Under the Fourth Amendment of the U.S. Constitution and Article I, Section 13 of the California Constitution, you are protected against unreasonable searches and seizures. For most personal property, police need a warrant supported by probable cause before they can search.
For cell phones specifically, the Supreme Court answered the question directly in 2014.
Riley v. California: The Landmark Ruling
In Riley v. California (2014), the U.S. Supreme Court ruled unanimously that police generally need a warrant to search the digital contents of a cell phone, even when the phone is seized during an otherwise lawful arrest.
Chief Justice John Roberts wrote that comparing a search of a smartphone to a search of physical items found on an arrestee is “like saying a ride on horseback is materially indistinguishable from a flight to the moon.” The amount of personal data on a modern phone, photos, messages, location history, financial records, medical information, was treated by the Court as fundamentally different from anything that came before.
The Court’s instruction to law enforcement was direct: get a warrant.
What Riley means in practice:
Police can seize your phone when they arrest you (to preserve evidence)
Police generally cannot search the contents without a warrant
The “search incident to arrest” exception, which lets officers search a person’s pockets and immediate area, does not extend to the digital contents of a phone
Limited exceptions still apply (covered below)
CalECPA: California’s Stronger Protection
California went further than the federal standard by passing the California Electronic Communications Privacy Act (CalECPA), codified at California Penal Code § 1546. It took effect January 1, 2016 and has been called the strongest digital privacy law in the United States.
Under CalECPA, no California government agency can:
Search your electronic device (phone, tablet, laptop)
Demand your data from a service provider (Apple, Google, Verizon, Meta)
Obtain your location information from cell carriers
Access your cloud-stored data
…without one of the following:
A search warrant based on probable cause
Your free and voluntary consent
A genuine emergency involving danger of death or serious physical injury
A subpoena for specific narrow categories of subscriber information
The law also requires that the target of a warrant be notified of the search, even when it goes through a third-party service provider. That’s a major protection that federal law doesn’t require.
Carpenter v. United States: Cell Site Location Data
In Carpenter v. United States (2018), the Supreme Court extended warrant protection further: police generally need a warrant to obtain historical cell-site location information from your wireless carrier. This is the data that shows where your phone (and, by extension, you) has been over days, weeks, or months.
Before Carpenter, police could often get this information through a simple court order with a lower standard than probable cause. After Carpenter, a warrant is the default. California law already required this under CalECPA, but Carpenter made it a nationwide constitutional standard.
When Police Can Search Your Phone Without a Warrant
There are still limited situations where a warrantless phone search is legal:
Consent. If you give free and voluntary consent, police don’t need a warrant. This is the single most common way phone searches happen, and it’s almost always a mistake to consent. You can refuse. Politely say: “I do not consent to a search of my phone.”
Exigent circumstances (true emergencies). If police reasonably believe:
The phone is about to be remotely wiped
The phone contains data needed to prevent imminent harm (locating a kidnapping victim, for example)
Evidence will be destroyed before a warrant can be obtained
…they may search without a warrant. Courts scrutinize exigent-circumstances claims carefully, and “we wanted to act fast” doesn’t qualify.
Probation or parole search conditions. If you’re on probation or parole with a search condition that expressly includes electronic devices, your consent has effectively been given as a condition of release. This is one of the most common exceptions in California criminal practice.
Border searches. At the U.S. border, including international airports, federal agents have broader authority. Basic searches of a phone (manual scrolling) can happen without any suspicion. Forensic searches (using software to extract data) generally require reasonable suspicion under recent Ninth Circuit rulings, though the law continues to evolve.
Inventory search at booking. Limited inspection of a phone’s exterior during booking (recording the phone’s existence, model, and visible identifiers) is generally allowed. Searching the contents still requires a warrant.
Passcodes vs. Face ID and Fingerprint: A Critical Distinction
This is one of the most active areas of phone-search law right now.
Passcodes: Courts have generally held that compelling you to disclose a passcode violates your Fifth Amendment right against self-incrimination, because giving up the passcode is “testimonial.” Police can’t force you to tell them your password.
Biometrics (Face ID, fingerprint, retina): Courts are split. Many have held that biometrics are not “testimonial” because they’re physical characteristics, similar to a fingerprint at booking. Under this view, police with a warrant can compel you to unlock your phone with your face or finger. Other courts have disagreed.
Practical tip: If you’re concerned about phone security in a law enforcement context, a strong passcode currently offers more legal protection than biometric unlock. On iPhone, holding the side button and a volume button briefly disables Face ID until the passcode is entered again. Similar features exist on Android.
What to Do If Police Ask to Search Your Phone
Whether during a traffic stop, a street encounter, or after an arrest, your response matters:
Stay calm and polite. Don’t argue or physically resist.
Do not consent. Say clearly: “I do not consent to a search of my phone.”
Do not unlock it. You’re not required to provide your passcode. If they have a warrant, that’s a different conversation, ask to see it.
Invoke your rights. “I am invoking my right to remain silent. I want a lawyer.”
Don’t try to delete anything. That can lead to obstruction or destruction-of-evidence charges, and it triggers the exigent-circumstances exception.
Remember the details. Officer names, badge numbers, time, what was said, what you said in response.
Call a criminal defense attorney immediately.
Even if police seize your phone, refusing consent preserves your ability to challenge any subsequent search in court. If they search anyway without a warrant or valid exception, your attorney can move to suppress the evidence.
What If Police Searched Your Phone Without a Warrant?
If your phone was searched without a warrant and no valid exception applies, your attorney has powerful tools:
Motion to suppress under Penal Code § 1538.5. Your lawyer can ask the court to exclude any evidence obtained from the unlawful phone search. If the suppressed evidence was central to the case, the prosecution may be forced to dismiss or significantly reduce charges.
CalECPA suppression remedy. Penal Code § 1546.4 specifically allows defendants to move to suppress electronic information obtained in violation of CalECPA. This is in addition to Fourth Amendment remedies, and it’s often broader.
Fruit of the poisonous tree. Evidence derived from the illegal phone search, even if technically separate, can also be suppressed if it would not have been discovered without the unlawful search.
Many California criminal cases involving phone evidence turn entirely on these motions. A successful suppression motion can end a case before trial.
Frequently Asked Questions
Can police search my phone if they arrest me?
Generally, no. Under Riley v. California, police can seize your phone during an arrest to preserve evidence, but they cannot search its digital contents without a warrant or a recognized exception like consent or exigent circumstances.
Do I have to give police my passcode in California?
No. Compelling you to disclose your passcode generally violates the Fifth Amendment right against self-incrimination. You can decline. Politely say: “I do not consent to unlocking my phone.”
Can police make me unlock my phone with Face ID or my fingerprint?
The law is unsettled. Some courts have held that biometric unlocks are not “testimonial” and can be compelled with a warrant. Others disagree. A strong passcode currently offers more legal protection than biometric unlock in this context.
Can police search my phone if I’m just being pulled over for a traffic violation?
No, not without your consent or a warrant. A routine traffic stop does not authorize a phone search, even if you’re being cited or briefly detained. You can refuse consent.
What if I’m on probation? Can my phone be searched without a warrant?
It depends on your probation conditions. If your terms include a search condition that expressly covers electronic devices, officers can usually search your phone without a warrant. If the condition doesn’t mention electronic devices specifically, the search may still require one.
Can federal agents search my phone at the airport?
Yes, with broader authority than local police. At the U.S. border, including international airports, basic manual searches of a phone can happen without any suspicion. Forensic searches (extracting data with software) generally require reasonable suspicion under current Ninth Circuit law. Domestic flights from a California airport are different and don’t trigger border-search authority.
Talk to a Los Angeles Criminal Defense Attorney Today
If police have searched your phone, seized it, or are asking for access, the decisions you make in the next few hours and days can shape the entire outcome of your case. Phone evidence is at the heart of countless modern prosecutions, drug cases, DUIs, theft, fraud, sex crimes, gang allegations, and the difference between a conviction and a dismissal often comes down to whether that evidence was lawfully obtained.
The criminal defense attorneys at Manshoory Law Group know how to scrutinize phone searches, identify Fourth Amendment and CalECPA violations, and move to suppress unlawfully obtained evidence. We’ve handled these motions across Los Angeles, Orange County, and the wider Southern California region.
A theft charge in San Bernardino often begins with an arrest or investigation that escalates quickly, sometimes from a store incident, dispute, or police report. What follows is a structured legal process, not an immediate outcome, where the San Bernardino County District Attorney decides whether to file petty theft charges, grand theft charges, or decline the case.
From arrest to arraignment, each stage can influence how the case is charged and resolved. Understanding how theft charges in San Bernardino move through this system is key to making informed decisions early, before critical defense opportunities narrow.
How Theft Arrests Are Processed in San Bernardino
A San Bernardino Police Department theft arrest begins with the booking process: fingerprinting, charge classification, and a custody determination. Whether you are cited and released or held depends on the alleged value of the property involved.
Misdemeanor theft typically results in a citation and a court date. Felony-level charges more often mean a custody hold until arraignment. Law enforcement transfers the arrest report to the San Bernardino County District Attorney’s office, which makes the formal charging decision. That decision is not fixed at the moment of arrest.
An attorney involved before arraignment can sometimes shape how the DA reads the facts. ContactTheft Crimes Defense counsel before making any statement to investigators or prosecutors. That window closes fast.
Where San Bernardino Theft Cases Are Heard: San Bernardino Superior Court
A San Bernardino Superior Court theft case is prosecuted by the District Attorney’s office and moves through arraignment, pretrial hearings, and resolution by plea, dismissal, or trial. From arrest through resolution, each stage of the process is governed by California law.
At arraignment, you enter a plea and the court addresses bail. Charge categorization matters from day one. Understanding the distinction between theft and related offenses shapes what the prosecution must prove and where the defense has room to work. SeeRobbery vs. Theft in California for a breakdown that directly affects defense strategy.
The volume of Inland Empire theft charges San Bernardino courts handle is significant. A second San Bernardino Superior Court theft case on someone’s record changes what the DA will offer and what a defense can realistically achieve.
Petty Theft vs. Grand Theft: What the Charge Means in the Inland Empire
The dividing line in California is $950.
Property valued at $950 or less is petty theft under Penal Code 488. Anything above that threshold is grand theft under Penal Code 487. Penal Code 484 defines theft itself, the foundation both statutes draw from.
Petty theft charges are typically misdemeanors. Grand theft charges can be filed as a misdemeanor or a felony depending on the property type and the defendant’s prior record. Shoplifting falls inside this framework and follows the same valuation threshold.
The Inland Empire theft charges San Bernardino prosecutors most often pursue involve retail theft, vehicle components, and property taken during disputes. Valuation is contested more often than most defendants expect.
SeePetty Theft Defense in California for how these cases are challenged at the misdemeanor level.
Penalties for Theft Charges in San Bernardino
Misdemeanor theft carries up to six months in county jail and fines up to $1,000. When grand theft is elevated to a felony, based on property type or prior convictions, the sentencing range is 16 months to three years in state prison. Grand theft of a firearm is always a felony, without exception.
Restitution is commonly ordered alongside jail time and fines, extending the financial consequences well beyond the sentencing date.
Prior convictions are the variable that changes most outcomes. A prior theft record can push a borderline misdemeanor into felony exposure and narrow negotiating room in ways that only become clear after the DA has already filed.
For context on how charge categories are defined under California law, seeLarceny vs. Theft.
Can San Bernardino Theft Charges Be Reduced or Dismissed?
Yes, and it happens more often than many defendants expect.
There are several paths to a favorable outcome:
charge reduction through a plea agreement
enrollment in a diversion program
dismissal when the prosecution’s evidence has meaningful weaknesses
First-time defendants facing petty theft charges are often strong candidates for diversion, a resolution that results in no conviction on the record if all conditions are met.
Grand theft charges are more complex, but preliminary hearings present a genuine opportunity. If the prosecution cannot meet the evidentiary standard at that stage, the case can end before trial.
Achieving the best result in San Bernardino requires knowing when the DA’s office negotiates and what it takes to get there. That judgment comes from direct experience in these courts with these prosecutors, not from general knowledge of criminal defense alone.
How a Defense Attorney Fights Theft Cases in San Bernardino
California theft law requires proof that the defendant intended to permanently deprive the owner of the property. That intent element is where many theft defense San Bernardino cases are decided. Not on what happened, but on what the defendant meant.
Beyond intent, effective strategies include challenging the property valuation (which determines felony vs. misdemeanor exposure), disputing ownership, and identifying procedural errors in how the arrest or evidence collection was handled. Valuation challenges are particularly useful in grand theft cases where the stated number is disputed.
A San Bernardino criminal defense attorney with a consistent courtroom presence in San Bernardino County understands how local prosecutors evaluate these cases. Theft charges in San Bernardino are often decided by judgment calls: charging decisions, plea offers, and sentencing recommendations. Those calls respond differently to different attorneys.
SeeGrand Theft Defense in California for how felony-level theft charges are contested in detail.
Once a theft charge is filed in San Bernardino, the process moves forward regardless of the circumstances. Early intervention is what creates options.
Manshoory Law Group, APC defends clients facing theft charges in San Bernardino and throughout San Bernardino County. Call (877) 977-7750 for a free case analysis.
If you think you might be under investigation, or you’ve heard that someone is considering filing charges over something that happened years ago, one of the first questions on your mind is probably: how long does the state actually have to file charges? In California, the answer depends on the crime. For most misdemeanors, prosecutors have one year. For most felonies, three years. For the most serious offenses, including murder and certain sex crimes, there is no deadline at all.
Below, we break down California’s statute of limitations rules, the exceptions that can extend the clock, your right to a speedy trial once charges are filed, and what to do if you believe charges against you were filed too late.
If you’ve been contacted by police or you believe a charge may be coming, talk to a Los Angeles criminal defense attorney before you do anything else. The decisions you make during a pre-filing investigation often matter more than what happens after charges are filed.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after a crime is alleged to have been committed during which the state can file charges. If the deadline passes and no charges have been filed, the prosecutor loses the ability to bring the case. If they file anyway, your attorney can ask the court to dismiss the charges.
The rules exist for good reasons. Evidence disappears. Memories fade. Witnesses move, die, or become unreachable. Forcing the state to act within a reasonable window protects defendants from having to defend against stale allegations they may have no realistic way to challenge.
California’s main statute of limitations rules are codified in Penal Code § 799 through 805.
California Statute of Limitations by Crime Type
Here are the default time limits under California law:
One year (most misdemeanors), Penal Code § 802
Applies to most misdemeanor offenses not punishable by state prison, including:
DUI (Vehicle Code § 23152)
Petty theft (Penal Code § 484)
Misdemeanor hit and run (Vehicle Code § 20002)
Simple drug possession (Health & Safety Code § 11350)
Disorderly conduct (Penal Code § 647)
Three years (most felonies), Penal Code § 801
Applies to felony offenses punishable by less than eight years in state prison, including:
Assault with a deadly weapon (Penal Code § 245)
Grand theft (Penal Code § 487)
Drug sales (Health & Safety Code § 11352)
Many forgery and theft offenses
Five years, Penal Code § 803.7
Applies to felony domestic violence (Penal Code § 273.5, corporal injury to a spouse or cohabitant). This was extended from three years in 2020.
Six years (serious felonies), Penal Code § 800
Applies to felonies punishable by eight or more years in state prison, including:
First-degree robbery (Penal Code § 211)
Arson (Penal Code § 451)
Vehicular manslaughter while intoxicated (Penal Code § 191.5)
Ten years, Penal Code § 801.1(b)
Applies to most felony sex offenses that require sex offender registration under Penal Code § 290 and were not covered by Senate Bill 813.
No statute of limitations, Penal Code § 799
Charges can be filed at any time, no matter how much time has passed, for:
Murder (Penal Code § 187)
Any offense punishable by death or life in prison without parole
Embezzlement of public funds
Most serious sex offenses involving force or a child victim (under Senate Bill 813 and subsequent amendments, covered below)
How “Wobbler” Offenses Are Treated
Some California crimes can be filed as either a misdemeanor or a felony, depending on the facts and the defendant’s history. These are called wobblers. Common examples include domestic violence, grand theft, commercial burglary, and certain DUI offenses.
Under Penal Code § 805, the statute of limitations for a wobbler is based on the maximum felony exposure, even if the prosecutor ultimately charges it as a misdemeanor. So a wobbler that carries a three-year felony exposure has a three-year statute of limitations regardless of how the charging document is eventually filed. To understand how this impacts the case strategy more broadly, see our overview of wobbler offenses and misdemeanor probation.
When the Clock Starts and When It Stops
The general rule is that the statute of limitations starts running on the day the crime was allegedly committed. But there are important exceptions.
The discovery rule (Penal Code § 803(c)). For certain offenses, the clock doesn’t start until the crime is discovered or reasonably should have been discovered. This applies to:
Fraud and breach of fiduciary duty
Theft or embezzlement from elderly or dependent adults
Misconduct by a public official
For these crimes, prosecutors can sometimes file charges decades after the conduct occurred, as long as they act within the limitations period after discovery.
Tolling for absence from California (Penal Code § 803(d)). If a suspect leaves the state to avoid prosecution, the statute of limitations is paused for up to three years during that absence. This prevents people from running out the clock by crossing state lines.
Tolling during a pending prosecution. Once a charge is filed against you for a particular crime, the statute of limitations stops running on that same conduct.
DNA exception (Penal Code § 803). For certain sex crimes, prosecutors can file charges within one year after DNA evidence conclusively identifies a suspect, even if the original limitations period has expired, as long as specific corroboration requirements are met.
Crimes With No Statute of Limitations: SB 813 and Recent Updates
This is one of the biggest areas of change since the original 2018 version of this article. Senate Bill 813, which took effect on January 1, 2017, eliminated the statute of limitations for many serious felony sex offenses, including:
Forcible rape (Penal Code § 261)
Rape in concert (Penal Code § 264.1)
Sodomy by force (Penal Code § 286)
Forcible oral copulation (Penal Code § 287)
Lewd or lascivious acts with a child (Penal Code § 288)
Continuous sexual abuse of a child (Penal Code § 288.5)
Forcible penetration with a foreign object (Penal Code § 289)
Importantly, SB 813 only applies to offenses committed on or after January 1, 2017, or to offenses where the prior statute of limitations had not yet expired as of that date. Older cases are governed by the law in effect at the time, because the U.S. Supreme Court ruled in Stogner v. California (2003) that reviving an already-expired statute of limitations is unconstitutional.
Assembly Bill 2295, which took effect January 1, 2025, further expanded the no-SOL framework for many of these same offenses committed on or after that date. The trend in California is clear: serious sex offenses are increasingly being treated as crimes that can be prosecuted at any time.
For offenses involving minor victims that don’t fall under SB 813’s no-limit rule, Penal Code § 801.1(a) allows prosecution any time before the victim’s 40th birthday.
Your Right to a Speedy Trial
The statute of limitations governs how long the state has to file charges. A separate set of rules, your right to a speedy trial, governs how quickly the case must move once charges are filed.
The Sixth Amendment of the U.S. Constitution and Article I, Section 15 of the California Constitution both guarantee defendants a right to a speedy trial. Under Penal Code § 1382, California translates that into specific deadlines:
Misdemeanors: trial must begin within 30 days of arraignment if you’re in custody, or within 45 days if you’re out of custody.
Felonies: trial must begin within 60 days of arraignment.
These deadlines can be extended if you waive your speedy trial rights, which is common when the defense needs more time to investigate, file motions, or negotiate. Your first court date is the arraignment, and that’s typically when the speedy trial clock starts. If you want a deeper look at the timeline from arrest through trial, see our guide on the right to a speedy trial.
If the state violates your speedy trial rights, the remedy is dismissal.
What Happens If Charges Are Filed Too Late?
If you believe charges were filed after the statute of limitations expired, your defense attorney can file a motion to dismiss. Before trial, the defense bears the burden of showing as a matter of law that the prosecution is time-barred. At trial, if the issue is raised, the prosecution must prove by a preponderance of the evidence that the case was filed within the limitations period.
The motion is often brought as a demurrer at or shortly after arraignment. Winning it ends the case entirely.
Frequently Asked Questions
What is the statute of limitations for a felony in California?
For most felonies, California’s statute of limitations is three years under Penal Code § 801. For serious felonies punishable by eight or more years in state prison (such as arson or first-degree robbery), the limitations period is six years under Penal Code § 800. Some felonies, including murder, kidnapping for ransom, and many serious sex crimes, have no statute of limitations at all.
What is the statute of limitations for a misdemeanor in California?
Most California misdemeanors carry a one-year statute of limitations under Penal Code § 802(a). This includes DUI, petty theft, simple drug possession, and most other common misdemeanor charges. A few misdemeanors have longer limitations periods, such as misdemeanor annoying or molesting a child under 14 (three years).
Is there a statute of limitations on murder in California?
No. Murder and any offense punishable by death or life in prison without the possibility of parole have no statute of limitations under Penal Code § 799. Charges can be filed at any time, regardless of how many years have passed since the alleged crime.
Can old sex crime charges be filed today in California?
It depends on when the alleged offense occurred and what the law was at the time. For offenses committed on or after January 1, 2017, Senate Bill 813 removed the statute of limitations for most serious felony sex crimes. For older offenses, the law in effect at the time of the alleged conduct usually controls, because the U.S. Constitution prohibits reviving an already-expired statute of limitations.
Does the statute of limitations pause if I leave California?
Yes, in many cases. Under Penal Code § 803(d), the limitations period can be tolled for up to three years if you leave the state to avoid prosecution. The clock pauses during your absence and resumes when you return.
What’s the difference between the statute of limitations and the right to a speedy trial?
The statute of limitations sets the deadline for the state to file charges in the first place. The right to a speedy trial sets the deadline for the state to bring you to trial after charges are filed. Both can be grounds to dismiss a case if violated, but they apply at different stages of the process.
What should I do if I think charges against me are time-barred?
Contact a criminal defense attorney immediately. If the statute of limitations has expired, your lawyer can file a motion to dismiss, often as a demurrer at or shortly after arraignment. Winning that motion ends the case entirely. Don’t try to raise this argument on your own. The rules involve fact-specific tolling and discovery questions that need legal analysis.
Talk to a Los Angeles Criminal Defense Attorney Today
California’s statute of limitations rules are detailed, and the exceptions matter as much as the headline numbers. If you’ve been contacted by law enforcement about an old incident, charged with a crime that allegedly happened years ago, or you simply want to know where you stand, the criminal defense attorneys at Manshoory Law Group can review your situation and tell you exactly what timeline applies.
Our team focuses exclusively on criminal defense, and we handle cases throughout Los Angeles, Orange County, and Southern California. Consultations are free, and flexible payment plans are available.
Being arrested is one of the most stressful things that can happen to a person. The good news is that you have substantial constitutional protections from the moment police make contact with you, all the way through arraignment and trial. The bad news is that most people don’t know exactly what those rights are, when they apply, and how to invoke them. That gap is where cases are won and lost.
This guide breaks down your rights when you get arrested in California: what police can and cannot do, what Miranda actually requires, what to say (and what not to say), and what to do if you believe your rights were violated.
If you’ve already been arrested or you think charges may be coming, talk to a Los Angeles criminal defense attorney before you say anything else to law enforcement.
Can Police Arrest You for No Reason?
No. Under the Fourth Amendment of the U.S. Constitution and Article I, Section 13 of the California Constitution, police generally need one of two things to arrest you:
An arrest warrant signed by a judge, supported by probable cause; or
Probable cause without a warrant, meaning specific facts and circumstances that would lead a reasonable officer to believe you committed a crime.
Probable cause is more than a hunch and more than reasonable suspicion (the lower standard used for brief investigative stops). If an officer arrests you without probable cause and without a warrant, your defense attorney can challenge the arrest, which can lead to evidence being suppressed and, in some cases, charges being dismissed.
Detention vs. Arrest: A Critical Distinction
Not every police encounter is an arrest. California recognizes three levels of contact, and your rights work differently at each level:
Consensual encounter. An officer approaches you and asks questions. You’re free to leave and free not to answer. If you’re not sure which type of encounter you’re in, you can ask, “Officer, am I free to leave?” If the answer is yes, you can walk away.
Detention. An officer has reasonable suspicion that you may be involved in criminal activity and briefly stops you to investigate. You’re not free to leave, but you’re not under arrest. Common examples include traffic stops and stop-and-frisk situations. You generally must identify yourself if asked, but you’re not required to answer investigative questions.
Arrest. Police have probable cause to believe you committed a crime. You’re taken into custody, your freedom is significantly restricted, and you’re transported to a station or jail.
The distinction matters because Miranda warnings, search rules, and your right to counsel apply differently at each stage.
Your Right to Remain Silent
This is the single most important right you have when interacting with police, and it applies at every stage, not just after arrest. You cannot be forced to answer questions that might incriminate you, and your silence cannot be used against you at trial.
However, there’s a catch from the 2010 Supreme Court case Berghuis v. Thompkins: you must affirmatively invoke the right. Just staying quiet isn’t enough. To clearly invoke it, say something like:
“I am invoking my right to remain silent.”
“I want to speak to a lawyer.”
“I do not want to answer any questions without my attorney present.”
Once you clearly invoke either right, police must stop questioning you. Anything they continue to ask, and anything you continue to volunteer, can create problems later.
One of the biggest myths about arrest is that police must read you your Miranda rights the moment they put handcuffs on you, and if they don’t, your case has to be dismissed. Neither is true.
The Miranda warning, established in Miranda v. Arizona (1966), is required only when both of the following are true:
You are in custody (under arrest or otherwise not free to leave); and
Police are about to begin interrogation (questioning designed to elicit incriminating answers).
If you’re in custody but police don’t question you, no Miranda warning is required. If police question you before arrest (during a traffic stop, for example), no Miranda warning is required because you’re not in custody yet. This is exactly why officers sometimes delay an arrest or hold off on formal questioning, to get answers without triggering Miranda.
The actual warning sounds something like this:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Do you understand these rights?”
What happens if police don’t read you your rights? Your case doesn’t automatically get dismissed. Instead, your attorney can file a motion to suppress any statements you made during the unwarned custodial interrogation. If those statements were a major part of the prosecution’s case, the suppression can be devastating to their case and sometimes leads to dismissal. But the arrest itself remains valid, and other evidence (physical evidence, witness testimony, surveillance video) is unaffected.
Important 2022 update: In Vega v. Tekoh, the Supreme Court clarified that a Miranda violation does not give you a civil cause of action against the officer. The remedy is exclusion of the statements at your criminal trial, not a separate lawsuit.
Exceptions to the Miranda Requirement
There are a few situations where police can ask questions in custody without a Miranda warning, and your answers can still be used against you:
Public safety exception. If there’s an immediate threat to public safety (for example, asking where a loaded gun is hidden), police can ask questions to neutralize the threat before reading Miranda.
Routine booking questions. Standard identifying questions like name, address, date of birth, and similar pedigree information generally don’t require a warning.
Spontaneous statements. If you volunteer information without being asked, those statements can be used even without a Miranda warning.
The lesson: stay quiet until you have a lawyer. Spontaneous comments after an arrest, even ones you think are helping you, often hurt your case.
Your Right to an Attorney
You have the right to an attorney at every critical stage of a criminal case, including before and during any custodial interrogation. If you cannot afford one, the court will appoint a public defender after you formally request counsel and qualify financially.
To invoke this right, you must be clear. Saying “maybe I should talk to a lawyer” or “should I get a lawyer?” has been held by courts to be ambiguous and not enough to stop questioning. Say instead:
“I want a lawyer.”
“I am not answering any more questions until my attorney is here.”
Once you clearly request counsel, police must stop questioning you and cannot resume until your attorney is present.
Your Right Against Unreasonable Search and Seizure
The Fourth Amendment also protects you from unreasonable searches of your person, home, car, and belongings. After an arrest, police can perform a limited search of your person and the area within your immediate reach, but anything beyond that generally requires a warrant or a recognized exception (consent, plain view, exigent circumstances, automobile exception, etc.).
If you consent to a search, you waive your Fourth Amendment protection for whatever you allowed them to look at. You are not required to consent. You can politely say, “I do not consent to a search,” and the officer must rely on whatever other legal authority they have. For a detailed breakdown of when officers can and can’t search, see our overview of California search and seizure laws.
What You Should Actually Do If You’re Arrested
Here’s a practical checklist that protects your rights without escalating the situation:
Stay calm and don’t resist physically. Even if the arrest is unlawful, resisting can create new charges. Sort out the legality later, in court.
Don’t argue or explain. Officers are not the audience that matters. The judge and jury are.
Clearly invoke your rights. “I am invoking my right to remain silent. I want a lawyer.”
Don’t consent to searches. Verbally decline. Don’t physically interfere.
Remember details. Officer names, badge numbers, patrol car numbers, the time, the location, what was said, and what was done. Write it all down as soon as you can.
Photograph any injuries. As soon as possible. Get medical attention so a third party documents them.
Don’t post about it on social media. Anything you write can be used against you.
Call a criminal defense attorney immediately. Not after the arraignment, not after you’ve talked to police, immediately.
What If Your Rights Were Violated?
If you believe police violated your rights during the arrest, search, or interrogation, your defense attorney has several tools:
Motion to suppress evidence under Penal Code § 1538.5 to exclude evidence from an unlawful search.
Motion to suppress statements to exclude any custodial interrogation that violated Miranda or your right to counsel.
Motion to dismiss if the violation was severe enough to compromise the case.
In rare situations involving serious misconduct, you may also have a civil claim under 42 U.S.C. § 1983 against the officers or department, but that’s separate from your criminal case and requires its own legal analysis.
Frequently Asked Questions
Can the police arrest me without a warrant in California?
Yes, if they have probable cause to believe you committed a crime. Probable cause means specific facts that would lead a reasonable officer to believe a crime occurred and you committed it. Without a warrant or probable cause, the arrest can be challenged in court.
Do police have to read me my Miranda rights when they arrest me?
No. Police only have to read Miranda rights before a custodial interrogation, meaning when you’re in custody and they’re about to ask questions designed to get incriminating answers. They can arrest you, transport you, and book you without ever reading Miranda, as long as they don’t question you.
What happens if police don’t read me my rights?
Your case is not automatically dismissed. Instead, your attorney can move to suppress any statements you made during a custodial interrogation that should have been preceded by a Miranda warning. Other evidence in the case is unaffected.
Do I have to answer police questions if I’m not under arrest?
In most cases, no. During a consensual encounter, you can decline to answer and walk away. During a detention (like a traffic stop), you generally must identify yourself but don’t have to answer investigative questions. You always have the right to remain silent, but to be safe, invoke it clearly.
Can the police search me after they arrest me?
Yes, but only within limits. After a lawful arrest, police can search your person and the area within your immediate reach without a warrant. Searches of your home, car, or belongings beyond that area generally require a warrant or a recognized exception.
Can I refuse a search?
Yes. You have the right to refuse consent to a search. Say clearly, “I do not consent to a search.” If police search anyway, they must rely on probable cause, a warrant, or another legal exception. Refusing consent does not give them probable cause.
What’s the difference between being detained and being arrested?
A detention is a brief investigative stop based on reasonable suspicion. You’re not free to leave, but you’re not in custody for Miranda purposes. An arrest requires probable cause, significantly restricts your freedom, and triggers full constitutional protections, including the right to counsel and Miranda warnings before any interrogation.
When should I call a criminal defense attorney?
Immediately, before answering any questions. Even if you think the situation is a misunderstanding, calling a lawyer first costs nothing and can prevent statements or decisions that hurt your case later.
Talk to a Los Angeles Criminal Defense Attorney Today
If you or a loved one has been arrested in Los Angeles, Orange County, or anywhere in Southern California, the criminal defense attorneys at Manshoory Law Group can help you protect your rights from the very first moment. Our team focuses exclusively on criminal defense, and we know how to challenge unlawful arrests, suppress improperly obtained evidence, and push back when police cross the line.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
A theft charge does not begin and end at the moment of arrest. Theft charges in Orange follow a specific local process, from the arresting officer’s report to the Orange County District Attorney’s desk to a courtroom at the North Justice Center, and each stage holds decisions that shape what is still possible. Understanding that process before your first court date is critical.
How Theft Arrests Are Handled in the City of Orange
The Orange Police Department theft arrest process begins one of two ways: a citation issued at the scene or a full booking at the department’s East Chapman Avenue facility. For misdemeanor offenses, law enforcement often issues a citation and releases the person. Felony arrests typically lead to a full booking process, including fingerprinting and a hold until bail is set.
After booking, the arrest report goes to the Orange County District Attorney for review. The DA decides whether to file charges and at what level, based on the dollar amount, the strength of the evidence, and prior convictions.
If you were cited and released, do not interpret that as the case being closed. The DA can still file charges weeks later. Building a strong theft crimes defense often begins well before a court date appears on the calendar.
Where Orange Theft Cases Go: North Justice Center
Orange City theft cases are prosecuted at the North Justice Center in Fullerton, located at 1275 N. Berkeley Ave., Fullerton, CA 92832. This courthouse handles criminal matters for North Orange County, including cases originating from an Orange Police Department theft arrest.
Your first appearance is the arraignment, where formal charges are entered and you enter a plea. Most defendants plead not guilty at that stage. What matters more than the plea is what your attorney has already done before you walk in.
A North Justice Center theft case Orange CA attorney who appears regularly at this courthouse knows the assigned prosecutors and how they approach plea negotiations. The North Justice Center theft case Orange CA process moves quickly once charges are filed. Delaying legal representation can limit the time available to prepare a defense.
Petty Theft vs. Grand Theft: What the Difference Means for You
The dividing line between petty and grand theft under California law is $950. Below that threshold, the offense is charged as petty theft under Penal Code 488, typically a misdemeanor. Above it, the Orange County District Attorney can pursue grand theft under Penal Code 487.
Grand theft is a wobbler, giving prosecutors discretion to file as either a misdemeanor or a felony based on the facts and the defendant’s record. A felony conviction means potential state prison time and a permanent entry on your criminal record that can affect employment, professional licensing, and housing long after the sentence ends.
Penal Code 484 defines the underlying theft offense under California law.
Which statute applies to your case shapes the entire defense approach.Petty Theft Defense in California andGrand Theft Defense in California involve different legal standards, different penalties, and different paths to resolution.
Penalties for Theft Charges in Orange, California
Misdemeanor petty theft charges in Orange California carry up to six months in county jail and fines up to $1,000. That is the floor, not the ceiling. Prior convictions can convert what would otherwise be a misdemeanor theft into a felony under California’s prior theft enhancement statutes.
Felony grand theft charges carry 16 months, two years, or three years in state prison depending on circumstances and criminal history. Courts also order restitution in most theft convictions, often adding thousands of dollars beyond any fine or custodial sentence.
Those downstream effects often matter more than the sentence itself: professional license reviews, immigration exposure for non-citizens, and a permanent entry on your criminal record. A conviction is not just the sentence handed down that day.Robbery vs. Theft in California explains a related distinction that affects both charges and penalties in more serious cases.
Can Your Theft Charge in Orange Be Reduced or Dismissed?
Theft charges in Orange can often be resolved short of a conviction. The path depends on the facts of the case.
A diversion program may be available for first-time offenders charged with shoplifting or low-level misdemeanor theft. Completing it results in dismissal. A plea bargain to a reduced charge is another option the Orange County District Attorney may accept when evidence has weaknesses or the defendant’s history supports leniency.
Orange County theft defense Orange City cases are best handled by an attorney who knows which prosecutors staff the North Justice Center and what arguments have worked in comparable cases. Theft defense Orange CA is not only about knowing the law. It is about knowing the local system.Larceny vs. Theft covers distinctions in how theft offenses are classified, details that matter when negotiating charge reductions.
What to Do Before Your First Court Date in Orange
Retain an Orange CA criminal defense attorney before the arraignment, not after. The window between arrest and your first appearance is when the most important groundwork is laid: reviewing arrest records, identifying evidentiary weaknesses, and beginning conversations with the prosecution before positions are set.
Write down everything you remember: where you were, what was said, who was present, and what the officer told you. Details fade. Your attorney needs them intact.
Manshoory Law Group handles theft defense Orange CA cases throughout the county, including the City of Orange. Attorneys appear regularly at the North Justice Center and cover the full range of matters, from misdemeanor petty theft to felony charges. Orange County theft defense Orange City clients can call (877) 977-7750 for a free case analysis. Available 24/7.
A theft charge in Orange does not automatically become a conviction. The local process, from arrest to arraignment at the North Justice Center, has specific points where a prepared defense changes the outcome. The earlier you act, the more options stay open.
An arraignment is your first formal court appearance after an arrest in California, and it sets the tone for everything that follows in your case. If you’ve been charged with a crime and don’t know what to expect, the Los Angeles criminal defense attorneys at Manshoory Law Group can walk you through the process and protect your rights from day one.
Below, we break down what an arraignment is, when it happens, what pleas you can enter, how bail is decided after the In re Humphrey decision, and why having a lawyer at this stage matters more than most defendants realize.
What Is an Arraignment in California?
An arraignment is the hearing where a judge formally tells you what crime you’re being charged with and asks how you want to plead. It is the official starting line of the criminal court process. At this hearing, three things happen:
The judge reads the charges filed by the District Attorney or City Attorney (most defendants and their lawyers waive the formal reading).
You’re advised of your constitutional rights, including the right to an attorney, the right to a jury trial, the right to confront witnesses, and the right against self-incrimination.
You enter a plea, either guilty, not guilty, or no contest (nolo contendere).
The judge will also address bail, protective orders, and the schedule for future hearings, including a preliminary hearing if you’re facing felony charges.
The 48-Hour Rule: How Soon Must an Arraignment Happen?
Under California Penal Code § 825, anyone held in custody after an arrest must be brought before a judge within 48 hours, excluding Sundays and court holidays. If you were arrested on a Wednesday after court closed and Wednesday isn’t a holiday, you must be arraigned by that Friday. Saturdays are treated as court holidays for this calculation.
This deadline exists to protect you. The longer the state can hold you without charges, the more time investigators have to build a case while you sit in jail. Unnecessary delay can be grounds to challenge statements you made in custody and, in rare cases, to seek dismissal.
If you posted bail or were released on a citation before charges were filed, you are out of custody and the 48-hour rule does not apply to you. In that situation, your arraignment is typically scheduled 10 days to several weeks after the arrest, depending on the county and the charge.
What Pleas Can You Enter?
At a California arraignment, you have four main options:
Not guilty: the standard plea, and almost always the right call at this stage. It preserves every right you have and gives your attorney time to review discovery, interview witnesses, and negotiate.
Guilty: an admission of the charges. The judge can sentence you on the spot in misdemeanor cases.
No contest (nolo contendere): accepts the consequences without formally admitting guilt. Useful when a civil lawsuit might follow (for example, after a DUI involving injury), because a no-contest plea to a misdemeanor cannot be used as an admission in a related civil case.
Not guilty by reason of insanity: rarely used and requires specific procedures.
If you stay silent or refuse to plead, the judge will enter a not guilty plea on your behalf.
Bail After the Humphrey Decision
This is one of the biggest changes to California arraignments in recent years. Before 2021, judges typically set bail using a fixed county bail schedule, which often left people stuck in jail simply because they couldn’t afford to pay.
In In re Humphrey (2021), the California Supreme Court ruled that a judge must consider a defendant’s ability to pay before setting cash bail. Detaining someone solely because they can’t afford bail violates due process and equal protection. The court must also consider non-monetary alternatives, such as release on your own recognizance (OR), supervision, or electronic monitoring, and can only order detention without bail when there is clear and convincing evidence that no other condition will protect public safety or guarantee your appearance.
In practice, this means your attorney can argue for a reduced bail amount or OR release at the arraignment based on:
Your financial situation
Your ties to the community, family, and employment
Your criminal history (or lack of one)
The nature of the charges and any victim-safety concerns
Whether less restrictive conditions would accomplish the same goal
If your bail was set high before the arraignment, this is also the first real opportunity to ask the court to have it lowered. To learn more about California’s bail system and how amounts are set, see our guide on how the bail system works in California and our breakdown of when and how to get your bail amount reduced.
Felony vs. Misdemeanor Arraignments
The arraignment process differs depending on the charge level.
For misdemeanors, the hearing is usually brief. Under Penal Code § 977, your attorney can appear on your behalf for most misdemeanors, so you don’t have to take time off work or arrange childcare. The main exceptions where you must appear personally are domestic violence cases, DUIs (especially DUI with injury), and violations of certain protective orders.
For felonies, you must appear in person unless you sign a written waiver the court accepts. After you enter a not-guilty plea, the court schedules a preliminary hearing, which under Penal Code § 859b must occur within 10 court days unless you waive that timeline. At the preliminary hearing, the prosecution has to show probable cause to send the case forward. If the case is held to answer, you’ll be arraigned a second time in the trial court on the formal charging document.
What Happens If You Miss Your Arraignment?
Failing to appear is a serious problem. The judge will almost always issue a bench warrant for your arrest, and you can face new charges for bail jumping (failure to appear) under Penal Code §§ 1320 and 1320.5, separate charges on top of the original case. If you missed an arraignment, contact a defense attorney immediately. In many cases a lawyer can walk you back in voluntarily and ask the court to recall the warrant before you’re picked up.
Why You Need a Defense Attorney at Your Arraignment
A lot of defendants assume arraignment is just a formality. It isn’t. The decisions made in this short hearing affect bail, custody status, protective orders, and your ability to prepare a defense for everything that follows. An experienced criminal defense lawyer can:
Argue for OR release or reduced bail under Humphrey
Push back on overly broad protective orders
Identify defects in the complaint that may justify a demurrer or dismissal
Begin plea discussions early when that helps your case
Make sure you don’t say anything in open court that could be used against you later
Mistakes at arraignment are difficult to undo. Having counsel from the start is the most reliable way to protect your record, your freedom, and your future.
Frequently Asked Questions About California Arraignments
How long after arrest does an arraignment happen in California?
If you’re held in custody, your arraignment must take place within 48 hours of your arrest, excluding Sundays and court holidays, under California Penal Code § 825. If you posted bail or were released on a citation, the arraignment is typically scheduled 10 days to a few weeks later, depending on the court and the charge.
Can I go to jail at my arraignment?
Yes, it’s possible. You can be taken into custody at arraignment if the judge sets bail you can’t afford, denies bail entirely, finds you a flight risk, discovers an outstanding warrant or probation violation, or if you plead guilty to a charge that carries mandatory jail time. Most defendants in misdemeanor cases, especially first offenses, leave the same day, but felony cases carry significantly higher risk.
Should I plead guilty or not guilty at my arraignment?
In almost every case, the answer is not guilty. A not-guilty plea preserves all of your rights, gives your attorney time to review the evidence, and keeps every option open, including a later plea deal on better terms. Pleading guilty at the arraignment locks you in before you or your lawyer has seen the prosecution’s full case. You can always change your plea later if a favorable resolution is reached.
Do I have to appear in person at my arraignment in California?
It depends on the charge. For most misdemeanors, your attorney can appear on your behalf under Penal Code § 977, meaning you don’t have to miss work or arrange childcare. The main exceptions where you must personally appear are domestic violence cases, DUI cases (especially DUI with injury), and violations of certain protective orders. For felonies, you generally must appear in person unless you sign a written waiver the court accepts.
What happens after the arraignment?
For misdemeanors, the case moves into pretrial hearings where your attorney and the prosecutor exchange discovery and discuss potential resolutions. If no deal is reached, the case is set for trial. For felonies, the next step is a preliminary hearing within 10 court days under Penal Code § 859b, where the prosecution must show probable cause. If the case moves forward, you’ll be arraigned a second time in the trial court on the formal charging document, and the pretrial process continues from there.
What if I miss my arraignment?
The judge will issue a bench warrant for your arrest, and you can be charged separately with failure to appear under Penal Code §§ 1320 or 1320.5, on top of your original charges. If you’ve missed an arraignment, contact a criminal defense attorney immediately. In many cases, a lawyer can bring you back in voluntarily and ask the court to recall the warrant before law enforcement picks you up.
Talk to a Los Angeles Criminal Defense Attorney Today
If you or a loved one has been arrested and is facing an arraignment in Los Angeles, Orange County, or anywhere in Southern California, the criminal defense lawyers at Manshoory Law Group are available 24/7. Our team focuses exclusively on criminal defense, and we appear in arraignment courts across the region every week.
Consultations are always free, and flexible payment plans are available. Call 877-977-7750 today or contact us online to discuss your case.
Being caught with prescription medications you don’t have a valid prescription for is one of the most common drug charges filed in California. Vicodin, oxycodone, Xanax, codeine, Adderall, fentanyl patches, and dozens of other controlled medications fall under California Health & Safety Code § 11350, which makes it illegal to possess these substances without a valid prescription from a licensed doctor or dentist.
Most people charged under HS § 11350 face a misdemeanor, not a felony, thanks to Proposition 47. But that doesn’t mean a conviction is harmless. You can still face up to a year in county jail, a $1,000 fine, drug testing, probation conditions, and a permanent criminal record that affects employment, housing, professional licensing, and immigration status. And as of late 2024, a new law called Proposition 36 has changed the rules for people with prior drug convictions, who can now face a “treatment-mandated felony” instead of a misdemeanor.
The good news is that California offers several diversion programs that let many defendants avoid jail and ultimately get their charges dismissed. The right strategy depends on the specific facts of your case, your record, and how the case is charged.
If you’ve been arrested for prescription drug possession in Southern California, talk to the Los Angeles drug crime attorneys at Manshoory Law Group before your first court date.
What HS § 11350 Actually Prohibits
California Health & Safety Code § 11350 makes it a crime to possess specified controlled substances without a valid prescription. The statute covers drugs in Schedules I, II, III, IV, and V of the state and federal controlled substance schedules, including:
You possessed a controlled substance. Possession can be actual (on your person) or constructive (in a place you controlled, like your car or apartment).
You knew of its presence. If someone left pills in your car without your knowledge, you weren’t in unlawful possession.
You knew it was a controlled substance. You don’t have to know the exact drug, but you must have known it was a regulated substance.
You possessed a usable amount. Trace residue or unrecognizable particles aren’t enough.
You did not have a valid prescription. Possessing your own properly prescribed medication is a complete defense.
Each of these elements is a potential defense if the prosecution can’t prove it. A good defense attorney scrutinizes each one.
Penalties Under California Law
Misdemeanor (most cases under Prop 47):
Up to 1 year in county jail
Up to $1,000 fine
Summary (informal) probation
Mandatory drug counseling or education
Possible driver’s license consequences in some cases
Felony (limited circumstances):
16 months, 2 years, or 3 years in county jail
Up to $10,000 in fines
Formal probation conditions
Permanent felony record
Possession is generally charged as a felony only if:
You have a prior conviction for a “super strike” offense (such as murder, certain sex crimes, or specific violent felonies)
You’re required to register as a sex offender under Penal Code § 290
The charge is bundled with possession for sale (HS § 11351) or transportation (HS § 11352), which remain felonies
How Proposition 36 Changed the Rules in 2024
This is the most important recent change to California drug law. On November 5, 2024, California voters passed Proposition 36, which took effect on December 18, 2024. It partially rolled back some of Proposition 47’s reforms.
Under Prop 36, prosecutors can now charge a person with a “treatment-mandated felony” for drug possession if:
The substance possessed is fentanyl, heroin, cocaine, methamphetamine, or another specified drug; and
The defendant has two or more prior convictions for certain drug crimes.
A person charged with a treatment-mandated felony can plead guilty or no contest and enter a court-approved treatment program. If they complete the program, the charge is dismissed. If they fail to complete it, they can be sentenced to up to 3 years in state prison.
Prop 36 also requires courts to warn anyone convicted of selling or providing certain drugs (especially fentanyl) that they could be charged with murder if a future buyer dies from those drugs.
What this means for prescription drug cases: If your case involves a substance covered by Prop 36 (such as fentanyl tablets or patches), and you have two or more prior drug convictions, the misdemeanor framework under Prop 47 may no longer apply. Early intervention by a defense attorney is more important than ever.
Diversion Programs: Your Best Path to No Jail
For most first-time and non-violent defendants, the goal is not to win at trial; it’s to get into a diversion program that ends with the charges dismissed. California has three primary diversion pathways for drug possession cases.
Penal Code § 1000 (Pretrial Diversion for First-Time Drug Offenders)
This is the most commonly used diversion program. Under PC § 1000, eligible defendants can have their case paused while they complete a drug treatment or education program. Critically, you do not have to plead guilty to enter PC § 1000 diversion. If you complete the program, the case is dismissed and the arrest is treated as if it never occurred. If you fail, the case proceeds.
To qualify, generally:
No prior felony convictions in the last 5 years
No prior drug convictions (with certain exceptions)
No allegation of violence in the current case
No simultaneous charges related to drug sales or trafficking
Penal Code § 1001.36 (Mental Health Diversion)
For defendants whose offense was connected to a diagnosed mental health condition (including substance use disorder in some cases). This program lasts up to 2 years and can lead to dismissal upon completion. It’s particularly useful when the underlying issue is mental health rather than criminal intent.
Penal Code § 1001.80 (Military Diversion)
For current or former U.S. military service members suffering from sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance abuse, or mental health problems as a result of military service. This program can resolve both misdemeanor charges (including HS § 11350) and certain DUI cases. Successful completion results in dismissal.
Note: The original version of this article referenced “PC 1001.81” for military diversion. The correct citation is PC § 1001.80 for misdemeanor cases involving military service members.
Defenses Beyond Diversion
Diversion is not the only path. A skilled defense lawyer evaluates every angle, including:
You had a valid prescription. Possessing your own properly prescribed medication is a complete defense. The prosecution must prove the absence of a valid prescription beyond a reasonable doubt.
You didn’t know the drugs were there. Constructive possession requires knowledge. If pills were in a shared car, a borrowed jacket, or a friend’s bag, the prosecution may not be able to prove you knew about them.
You didn’t know it was a controlled substance. If you genuinely believed something was an over-the-counter supplement or a different medication, that defense can apply.
The amount wasn’t usable. Trace residue alone is not enough to convict.
The search was unlawful. This is the single most powerful defense in many drug cases. If police searched you, your car, or your home without a warrant, valid consent, or a recognized exception, the evidence can be suppressed under Penal Code § 1538.5. With the evidence excluded, the prosecution often cannot proceed. The same applies if police searched your phone unlawfully, see our guide on what to do if police search your phone.
Entrapment. Rare but real. If officers induced you to commit a crime you wouldn’t otherwise have committed, the case can be dismissed.
Collateral Consequences (Why Even a Misdemeanor Matters)
A misdemeanor drug conviction is much better than a felony, but it’s not nothing. Consequences can include:
Employment. Background checks routinely show drug convictions. Some industries (healthcare, finance, education, transportation, government) treat drug convictions especially harshly.
Professional licenses. Nurses, doctors, pharmacists, teachers, lawyers, real estate agents, and many others can lose or be denied licenses.
Immigration. Controlled substance convictions, even misdemeanors, are among the most serious immigration consequences under federal law. They can trigger deportation, inadmissibility, or denial of naturalization. Non-citizens should consult both a criminal and an immigration attorney before resolving any drug case.
Housing. Landlords often deny applicants with recent drug convictions. Public housing has specific exclusions.
Student aid. Some federal financial aid programs are affected by drug convictions.
Firearms. A felony conviction is a lifetime federal firearms ban. Some misdemeanor convictions also create restrictions.
For these reasons, getting the case dismissed through diversion, or never having to plead guilty in the first place, is almost always worth fighting for.
Frequently Asked Questions
Is possession of prescription drugs without a prescription a felony in California?
Generally no. Since the passage of Proposition 47 in 2014, simple possession under HS § 11350 is a misdemeanor for most defendants, punishable by up to a year in county jail and a $1,000 fine. It becomes a felony only in limited circumstances, such as when the defendant has a prior “super strike” conviction, must register as a sex offender, or, under Proposition 36 (effective December 2024), has two or more prior drug convictions involving certain specified drugs.
Can I go to jail for having one Xanax pill without a prescription?
It’s possible, but unlikely if you’re a first-time offender and qualify for diversion. Under Penal Code § 1000, most first-time defendants can enter a treatment or education program in lieu of jail and have the case dismissed upon completion. The pill must be a “usable amount,” and the prosecution must prove you knew you possessed it and that it was a controlled substance.
What is a “treatment-mandated felony” under Prop 36?
Proposition 36, passed in November 2024, created this new charge for people who possess certain drugs (fentanyl, heroin, cocaine, methamphetamine) and have two or more prior drug convictions. Defendants can enter mandated treatment; if they complete it, charges are dismissed. If they fail, they face up to 3 years in state prison.
How do I qualify for PC 1000 diversion?
Generally, you must have no prior drug convictions, no felony convictions in the last 5 years, no allegation of violence in the current case, and no related charges for sales or trafficking. Eligibility decisions are case-specific; your attorney can evaluate whether you qualify.
What if I had a valid prescription but didn’t have it with me?
Having a valid prescription is a complete defense, even if you didn’t have the bottle on you at the moment of arrest. Your attorney can submit proof of the prescription to the prosecutor pre-filing or to the court, which often results in the charges being dropped or never filed in the first place.
Can I get my charges dismissed if I complete a drug program?
Yes, if you’re admitted to a qualifying diversion program (PC § 1000, PC § 1001.36, or PC § 1001.80). Successful completion typically results in dismissal of the charges, and many programs also allow the arrest record to be sealed.
Talk to a Los Angeles Drug Crime Attorney Today
A prescription drug possession charge in California is serious, but it’s also one of the most defensible drug cases in the system. The right strategy, whether that’s pre-filing intervention, a motion to suppress, diversion, or trial, depends on the facts, your record, and how the case is charged. The wrong response, like pleading guilty without exploring your options or talking to police without a lawyer, can lock in consequences that follow you for years.
The criminal defense attorneys at Manshoory Law Group focus exclusively on criminal defense, including California drug cases at every level. We know how local prosecutors charge these cases, how diversion programs work in each Southern California courthouse, and where the prosecution’s case tends to be weakest.
Consultations are free, and we’re available 24/7. Flexible payment plans are available.
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