The length of criminal probation in both misdemeanor and felony cases, is set by statute in California (PC 1203.1). However, the length of criminal probation may be extended, shortened, or even terminated depending on the circumstances, after probation periods are set.
The following information explains the general guidelines for the length of probation for all crimes in CA.
In addition, we have included the exact length of criminal probation for specific felony and misdemeanor crimes commonly charged in California (including criminal penalty enhancement that extend the probationary period).
Some of these common crimes have probationary periods that deviate from the general guideline for various reasons, including any criminal enhancement that is made part of the criminal conviction.
For example, the crime of misdemeanor annoy or molest a minor (PC 647.6(a)) has a minimum probationary period of one (1) year if the defendant is placed on misdemeanor probation (as opposed to being sentenced to jail); however, if the defendant and the alleged victim are related in the case, then the minimum probation period is three (3) years (PC 1203.097).
Extending Probation: In some cases, where the defendant is found to have violated his or her probation conditions (VOP), and the maximum probation sentence was not ordered at sentencing, then the court may extend the probationary period to the maximum period. This is most common in the following cases:
Where the restitution ordered against the defendant has not been paid within the probationary period, and therefore, the defendant’s probationary period needs to be extended to give the probationer more time to pay the restitution.
Where the defendant has not finished mandatory classes, such as DUI classes, within the probationary period and the defendant’s probationary period must be extended to give the defendant more time to finish the classes.
This applies to other mandatory classes as well, such as anger management classes for domestic violence convictions, sex therapy classes after a sex crime conviction, child abuse classes after a willful child endangerment conviction, and more.
Where the defendant has not finished paying his or her court fines or fees within the probationary period and the defendant’s probation needs to be extended so that the defendant can finish paying his or her court fines or fees.
Where the defendant is in “warrant” status for a violation of probation. During warrant status, the probationary period stops running, like stopping a clock. Therefore, the defendant’s probationary period terminates at a later date, even though the length of probation itself is not extended. See Warrant Recall for More Information.
Where the defendant violates probation, and the court extends the length of probation because of the violation (The court must announce whether the probation period is “tolled” (stopped) or extended due to the violation of probation.
Where the court finds “good cause” to extend the length of probation for public safety reasons and as stated on the record, and more.
Early Termination of Probation: In some cases, the defendant’s probationary period may be terminated early for good cause (PC 1203).
Some probationary periods may not be terminated early regardless of whether the court finds a good reason. Most of the non-termination of probationary period crimes involve traffic offenses, such as DUI crimes charged under VC 23152 or 23153.
Felony Probation Length for Suspended Jail Sentence
Two Year Rule: For most felony crimes, where the court suspends the defendant’s jail sentence and places the defendant on supervised felony probation, the length of that probation is two (2) years.
According, per California penal code section 1203.1(a), the court may suspend the execution of a jail sentence, and the court may direct that the suspension may continue for a period not to exceed two (2) years…with terms and conditions (PC 1203.1 Abbrev.).
Alternate Probationary Period Per Some Crimes
Some felony crimes carry a probationary period beyond the usual two years mentioned. These crimes include violent crimes listed in PC 667.5(c) (See below), and crimes that carry a specific probation period for that exact crime (usually by enhanced penalty).
For example, the crime of felony embezzlement (PC 503), is not a violent felony crime, so the two-year length of probation should apply. However, if the amount of money embezzled is more than $25,000, then the minimum length of felony probation is three (3) years (PC 1203.1(l)(2)).
Note: The same applies to crimes of theft by false pretenses (PC 532(a)), where the amount defrauded exceeds $25,000 (PC 532 & PC 1203.1(l)(2)) and theft in an amount that exceeds $25,000 (PC 487 & PC 1203.1(i)(2)).
Violent Offenses: For violent offenses, which are listed in PC 667.5(c), the two-year rule does not apply, and the court may impose a probationary period that either matches the minimum probationary period for that exact crime, or, if no probationary period is announced for that exact crime, then a period that is equal to that crime's maximum punishment.
Accordingly, per PC 1203.1(l)(1), (l) The probationary period after the suspension of prison sentence may continue for a period not exceeding the maximum possible term of the sentence and under conditions as it shall determine (PC 1203.1(l)(1) Abbrev.
For example, the crime of lewd and lascivious act upon a child under fourteen (PC 288(a)), carries a minimum probationary period of eight years because PC 288(a) is a violent crime listed in PC 667.5(c) and the maximum prison sentence for PC 288(a) convictions is eight years.
Remember: If a different length of probation is announced for any violent crime, then that minimum probationary period applies.
Enhancements & PC 667.5 Crimes: A penalty enhancement that is added to a violent crime, which extends the defendant’s prison sentence, can produce a longer probationary period that the maximum sentence related to the underlying crime.
Example: David is convicted of assault with a deadly weapon (PC 245(a)(1). He is also convicted of the penalty enhancement of Great Bodily Injury (GBI). The total prison sentence exposure for both crimes is seven (7) years (4 years for the PC 245(a)(1) and 3 years for the GBI). Therefore, the defendant’s probation sentence maximum is seven (7) years.
Maximum & Minimum Terms Expressed: Sometimes, a specific crime, whether it’s a felony or misdemeanor, will include both a maximum and a minimum length of probation. When this maximum and minimum terms are expressed in the law, then the court may fix a period of probation within those limits.
Misdemeanor Probation Length
One Year Rule: Most misdemeanor conviction probationary periods are one year; however, some misdemeanor crimes carry a minimum probationary period over one year by law. These usually include traffic crimes, such misdemeanor evading police (PC 2800.2), or driving under the influence of alcohol or drugs, or both.
For example, a conviction for the crime of misdemeanor willful child endangerment (PC 273a(a)) carries a four-year minimum probationary period even though the conviction is for a misdemeanor violation.
Flexible Length of Probation for Good Cause: As stated, some specific crimes carry a minimum period of probation regardless of whether those crimes are classified as misdemeanor or felony violation. However, even with these “minimum periods” of probation length, the court, as permitted by some criminal statutes, may reduce the length of probation.
For example, in the case of willful child endangerment (PC 273a(a)), the court must grant no less than a four (4) year probationary period even though the crime itself is not a violent offense (i.e., should be a two-year probation length). However, in the PC 273a(a) statute, the law allows for less than three years if the court finds “good cause” to reduce the length of probation.
Wobbler Offense: Some crimes may be charged as either a felony or alternatively as a misdemeanor. These are known as “wobbler” offenses. Sometimes, these wobbler offenses may be reclassified from a felony to a misdemeanor charge, or vice versa.
This reclassification happens for various reasons both during the criminal prosecution process and after conviction. When the reduction from a felony to a misdemeanor occurs post-conviction via a 17(b) motion to reduce a felony to a misdemeanor, then the defendant’s probation length is also reduced.
Example: David is convicted of the crime of felony criminal threats (PC 522). Criminal threats is non-violent, wobbler offense (i.e., the crime could have been charged as a misdemeanor). David receives a two-year felony probation sentence. During probation, David’s felony conviction is reduced to a misdemeanor via a PC 17(b) motion. The result is that David’s two-year probation sentence is reduced to a one-year probationary sentence.
List of Common Crime and Corresponding with Probation Lengths
Common Felony Crimes that Adhere to the Two-Year Probation Sentence
HS 11366.8 Felony False Compartment / 2 Years Max Probation
PC 32 Felony Accessory After the Fact / 2 Years Max Probation
PC 529 False Personation / 2 Years Max Probation
PC 261.5 Felony Statutory Rape / 2 Years Max Probation
PC 266h Pimping / 2 Years Max Probation
PC 288.2 Harmful Matter Sent to Child / 2 Years Max Probation
PC 311.11 Felony Possession of Child Pornography / 2 Years Max Probation
PC 466 Felony Possession of Burglary Tolls / 2 Years Max Probation
PC 243.4 Felony Sexual Battery
PC 487(d) Felony Grand Theft Auto / 2 Years Max Probation
PC 530.5 Felony Identity Theft / 2 Years Max Probation
PC 632 Felony Illegal Audio Recording
PC 21310 Felony Possession of a Dirk or Dagger / 2 Years Max Probation
VC 10851 Unauthorized Use of Vehicle / 2 Years Max Probation
WI 10980 Felony Welfare Fraud / 2 Years Felony Probation
Felony Crimes That Deviate from the Two (2) Year Probation Period by Statute
PC 136.1(a)(b)-F Witness Intimidation / 36 Months Max Probation Sentence
PC 186.11(h)(1)(B)-F Theft of Property / 10 Years Max Probation Sentence
PC 245(a)(1)-F Assault with Deadly Weapon / 4 Years Max Probation Sentence
PC 273a(a)-F Child Abuse Likely to Produce GBI / 6 Years Max Probation Sentence
PC 273.5 Inflicting Injury on Spouse or Cohabitant / 4 Years Max Probation Sentence
PC 368 Elder/Dependent Adult Abuse / 4 Years Max Probation Sentence
PC 422 Criminal Threats / 3 Years Max Probation Sentence
PC 502(c) Unauthorized Computer Access / 3 Years Max Probation Sentence
PC 594 Vandalism / 3 Years Max Probation Sentence
PC 646.9(a) Stalking / 3 Years Max Probation Sentence
VC 23152 Felony DUI / 3 Years Max Probation (Without Enhancement to Crime)
Violent Crimes Charged Per PC 667.5(c) Probationary Period
PC 37 Treason / Life Probation
PC 192(a) Voluntary Manslaughter / 11 Years Max Probation
PC 203 Mayhem / 8 Years Max Probation
PC 206 Torture / Life Probation
PC 207 Kidnapping / 8 Years Max Probation [11 Years for Victim under 14]
PC 209 Kidnapping / Life Probation
PC 219 Train Derailing / Life Probation
PC 273ab Assault on Child with GBI or Death / Life Probation
PC 286(c)(1) Sodomy with Child under 14 / 8 Years Max Probation
PC 287(c)(1) Oral Copulation with Child under 14 / 8 Years Max Probation
PC 288(a) & 288(b) Lewd Act on a Child Under 14 / 8 Years Max Probation
PC 288.5 Continuous Sexual Abuse of a Child / 16 Years Max Probation
PC 289(j) Sexual Penetration by Foreign Object of a Child Under 14 / 8 Years Probation
PC 451(a) Arson / 9 Years Max Probation
PC 459/460 Residential Burglary with Victim Present / 6 Years Max Probation
PC 503 Theft by Embezzlement (over $25,000 stolen) / 3 Years Max Probation
PC 12022.3(a) Sex Offense with Firearm or Weapon / 10 Years Max Probation
PC 12022.5 Use of Firearm in Commission of Offense / 10 Years Max Probation
PC 12022.7(a) Personal Infliction of (GBI) / 3 Years Max Probation
PC 12022.7(b) Personal Infliction of GBI / 5 Years Max Probation
Common Misdemeanor Crimes that Adhere to the One-Year Probationary Period
PC 647(b) Prostitution / 1 Year Max Probation Sentence
PC 315 Keep House of Ill Repute / 1 Year Max Probation Sentence
PC 242 Simple Battery / 1 Year Max Probation Sentence
PC 463 Misdemeanor Looting / 1 Year Max Probation Sentence
PC 484 Petty Theft / 1 Year Max Probation Sentence
PC 21310 Possession of Dirk or Dagger / 1 Year Max Probation Sentence
PC 415 Disturbing the Peace / 1 Year Max Probation Sentence
PC 148(a)(1) Misdemeanor Resisting Arrest / 1 Year Max Probation Sentence
PC 459.5 Shoplifting / 1 Year Max Probation Sentence
PC 261.5 Misdemeanor Statutory Rape / 1 Year Max Probation Sentence
WI 10980 Misdemeanor Welfare Fraud / 1 Year Max Probation Sentence
Misdemeanor Crimes That Deviate from the One (1) Year Probation Period by Statute
PC 136.1(a) Misdemeanor Witness Intimidation / 36 Months Max Probation Sentence
PC 166(c) Misdemeanor Violation of a CPO / 36 Months Max Probation Sentence
PC 245(a)(1) Misdemeanor Assault with Deadly Weapon / Min 36 Month Probation
PC 272 Misdemeanor Contribute to Delinquency of Minor / 5 Years Max Probation
PC 278 Misdemeanor Child Abduction / 36 Month Min & Max Probation Sentence
PC 273.5 Misdemeanor Inflict Injury on Spouse / 36 Min & Max Probation Sentence
PC 422 Misdemeanor Criminal Threats / 36 Month Min & Max Probation Sentence
PC 368 Misdemeanor Elder Abuse / 36 Min Probation Sentence
PC 594 Misdemeanor Vandalism / 36 Min & Max Probation Sentence
PC 602 Misdemeanor Trespassing / 3 Years Max Probation Sentence
PC 647(j)(4) Revenge Porn / 36 Month Min & Max Probation Sentence
PC 646.9 Misdemeanor Stalking / 36 Month Min & Max Probation Sentence
HS 11550(a) Under Influence of Controlled Substance / 5 Years Max Probation
VC 23152 DUI / Min 3 Years and Max 5 Years Probation Sentence
For More information on the length of probation sentence after a felony or misdemeanor conviction in California, contact our Southern California criminal defense lawyers today for a free consultation.
Our highly experienced criminal defense lawyers will determine your length of probation under CA penal code 1203.1 and offer advice on how to reduce or terminate your probation sentence under penal code 1203.3.
We offer legal services to defendant facing any misdemeanor or felony crime in the counties of Los Angeles, San Bernardino, Orange, and Riverside. Call today!
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