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If you - or someone you know - is arrested in the state of California and charged with a crime, how long will the sentence be? 

It’s a simple question, though the answer is anything but. How is jail time calculated in California? It depends on a range of factors and is not as easy as slapping a number against a crime. An individual’s criminal history will be taken into account, as will the severity of their crime. 

We understand this can be confusing, which is why this guide will act as a prison sentence calculator, helping you work out how much time you could (potentially) spend behind bars when arrested and charged with different offenses. 

Jail Time in California - Different Types of Offenses

When someone is arrested in California, they’ll be charged with one of three main offenses under the California Penal Code: 

  • Infraction - The least serious of the three offenses. An infraction will likely not lead to jail time or create a criminal record for the individual. This can include things like getting a speeding ticket, not walking your dog on a leash in certain public areas, etc. If you’re charged with an infraction, you won’t go to jail and will likely get a fine. 
  • Misdemeanor - A step up from an infraction, misdemeanors are for minor crimes like vandalism, trespassing, or disorderly conduct. You will get a criminal record if charged with a misdemeanor and there’s the possibility of up to a year in jail.
    As you might go to jail, you could be arrested and held overnight or for up to 72 hours. If that’s the case, you can be eligible for a misdemeanor bail bond to get out of the holding cell and back to your family. You’ll effectively be free until your trial ends. Most misdemeanors don’t result in jail time as attorneys can use plea bargains to get it down to an infraction, paying a fine instead. 
  • Felony - This is the most severe offense you can commit, though there are levels within felony charges too. Some crimes are charged with more jail time than others depending on how severe they are. For instance, you’ll receive more jail time for murder than you will for robbery. Child sex offenses are seen as one of the most severe felonies, which is reflected in massive jail times.
    Interestingly, California doesn’t divide felonies by specific categories like other states. The severity is set by the punishment. You’ll also find some felonies that can be reduced to a misdemeanor with work from a good attorney while others are called “straight” felonies and cannot be knocked down. 

California Sentencing Times Explained

As shown above, you won’t be sentenced to any jail time for infractions and a misdemeanor will result in a maximum of 364 days in county jail. 

Things are different for felonies as the sentencing times are set by something called a “triad sentencing scheme”. This sets three possible terms for your offense depending on the outcome of your trial: 

  • A low term
  • A middle term
  • An upper term

Each felony can have a different triad, though the default is 16 months, 2 years, and 3 years. That’s usually for the least severe felonies. The more serious or violent one is, the higher these limits rise. 

Following this, California sentencing times will be set as: 

  • Determinate, or;
  • Indeterminate

A “determinate” sentence is one that’s set in stone. You’re given 2 years in prison, and that’s final. You’ll be released once the time is up - or possibly sooner if you’ve earned good time credits while in jail. This is where the sentencing triad will come into play as well. 

An “indeterminate” sentence has no defining end to it. You receive a minimum sentence, but that doesn’t mean you will be released after. These are often called life sentences as you’ll be up for parole at the end of the “indeterminate” period to see if you should be released or not. You could receive an “indeterminate” sentence of 10 years, yet remain in jail for 15. 

Thankfully, the majority of felonies in California will receive a “determinate” sentence. It’s only the most severe and violent of crimes that receive the other option. 

Key Factors Influencing Jail Time Calculation in California

We’ve already noted a few key factors determining how much time you’ll spend in jail: 

  • The severity and classification of the crime
  • Whether the crime gets determinate or indeterminate sentencing

Alongside this, the next biggest factor is your criminal record. If you’ve committed the same felony multiple times, you will receive a longer sentence than a first-time offender. This is thanks to the Three Strikes Law - which has been in effect since 1994. Anyone who’s convicted of a felony - but was already convicted of a previous felony - will go to jail for twice the sentence otherwise prescribed for the new offense. E.g. if the new offense results in 3 years of jail time, the person with a previous strike will get 6 years. If you’re a “third striker” with two previous felony convictions, you’ll immediately be sentenced to a minimum of 25 years to life in prison. 

Moreover, you can bump up a misdemeanor to a felony charge if you’re a repeat offender. The best example of this is a DUI - the first three charges are normally misdemeanors but a fourth will be classified as a felony, resulting in probably jail time. 

How Is Jail Time Calculated in California - A Summary

To conclude this guide, the prison sentence calculator in California works by determining the severity of your crime and which offense category it fits into. Infractions never lead to jail time while misdemeanors will rarely put you behind bars. Felonies can be anywhere between 16 months of jail time and a life sentence. People with long criminal records will receive harsher prison sentences as repeat offenders.