Penal Codes

Quick answer: In California, “petty theft with a prior” now describes two different laws, and the newer one reaches far more people. Penal Code 666 is the older, narrower rule. It applies only when a person who already has a listed theft-type conviction, and served jail or prison time for it, also falls into one of three groups: registered sex offenders, people with one of the most serious prior felonies (often called “super strikes”), or people with an elder-theft conviction under Penal Code 368(d) or (e). Penal Code 666.1, added by Proposition 36 and in effect since December 18, 2024, applies to anyone with two or more prior convictions for listed theft crimes, including misdemeanor petty theft and shoplifting, who is convicted of a new petty theft or shoplifting. Under either law, a theft of $950 or less that would normally be a misdemeanor can be punished as a felony. Both are “wobblers”: the case can end as a felony or a misdemeanor, depending on how the prosecutor files it and what the judge decides. A first PC 666.1 conviction carries up to one year in county jail or a felony term of 16 months, two or three years. PC 666.1 also requires a judge to review the case before release after an arrest, so families should expect a judge, not just a bail schedule, to decide when and how their loved one gets out.

Updated September 2026. Written for people facing a petty theft charge with a theft record, and for the family members trying to help them. Checked on September 28, 2026 against the California Penal Code, published California Supreme Court decisions, the 2026 bail schedules of the Los Angeles, Orange and Santa Clara County superior courts, and research from the Legislative Analyst’s Office, the Public Policy Institute of California and the California Policy Lab. General information, not legal advice.

This guide explains how a prior record can turn a small theft into a potential felony, and what that means from arrest through sentencing. For bail schedule amounts across California, see our guide to bail amounts by crime in California. For drug charges, see our guide to drug possession bail bonds. If someone was just arrested and you do not know where they are held, start with how to find out if someone is in jail.

Petty Theft With a Prior at a Glance

In this guide: What counts as petty theft | Two laws | Is it a felony? | After an arrest | County schedules | Proposition 36 so far | Diversion and reduction | Old convictions | Examples | Checklist | How Bail Hotline can help | FAQ | Sources

What Counts as Petty Theft in California

California treats theft as one crime with several forms. Under Penal Code 484, theft includes taking someone else’s property, fraudulently keeping property that was “entrusted” to you, and getting money, labor or property through a false or fraudulent representation. The value of what was taken is measured by its “reasonable and fair market value.”

The dividing line between petty theft and grand theft is $950. Penal Code 487 makes theft of money, labor or property “of a value exceeding nine hundred fifty dollars ($950)” grand theft, with separate rules for some kinds of property. Penal Code 488 then says simply: “Theft in other cases is petty theft.”

Penal Code 490.2, added by Proposition 47 in 2014, adds that obtaining property worth $950 or less by theft “shall be considered petty theft and shall be punished as a misdemeanor.” It does not apply to theft of a firearm. It also lets a person be punished as a felony under Penal Code 1170(h) if they have a prior conviction for one of the most serious felonies or for an offense that requires sex offender registration.

The ordinary punishment for petty theft is in Penal Code 490: a fine of up to $1,000, up to six months in county jail, or both.

Shoplifting is its own crime. Penal Code 459.5 defines it as entering a commercial establishment while it is open during regular business hours, intending to steal property worth $950 or less. It is a misdemeanor, with the same exception for super strike and sex offender registration priors. The statute says any act of shoplifting “shall be charged as shoplifting,” and a person charged with shoplifting cannot also be charged with burglary or theft of the same property.

One more Proposition 36 change belongs in this picture. Penal Code 490.3 now allows the value of property taken in “one or more acts of theft or shoplifting” to be combined “into a single count or charge,” with the total used to decide the degree of theft. In practice, several small thefts can be added together, and if the total passes $950, prosecutors can pursue grand theft instead of petty theft. That is a separate path from the prior-conviction laws in this guide, but it can come up in the same cases.

Two Laws Now Cover Petty Theft With a Prior

Penal Code 666 is the older law. Voters amended it through Proposition 47 on November 4, 2014, the measure that made most thefts of $950 or less misdemeanors. People who were serving felony sentences that would have been misdemeanors under Proposition 47’s changes, including the amended PC 666, could ask the court to resentence them under Penal Code 1170.18.

Ten years later, voters approved Proposition 36 at the November 5, 2024 election. It added Penal Code 666.1, which took effect December 18, 2024. The Legislative Analyst’s Office analysis of the measure summarized the change this way: “Proposition 36 makes this crime a felony if the person has two or more past convictions for certain theft crimes (such as shoplifting, burglary, or carjacking).” It added: “These changes undo some of the punishment reductions in Proposition 47.” As the sections below explain, the new crime is a wobbler, so a felony is the ceiling, not the only possible result.

Penal Code 666: The Older, Narrower Law

PC 666 has three requirements, and all three must be met.

1. A listed prior conviction. The person must already have been convicted of petty theft, grand theft, elder theft under Penal Code 368(d) or (e), vehicle theft under Vehicle Code 10851, burglary, carjacking, robbery, or a felony violation of Penal Code 496 (receiving stolen property).
2. Time served for that prior. The person must have “served a term of imprisonment” for it in a jail or prison, or been jailed as a condition of probation for that offense.
3. One of three groups. Under subdivision (b), the law applies only to a person who is required to register under the Sex Offender Registration Act, who has a prior serious or violent felony conviction listed in Penal Code 667(e)(2)(C)(iv), or who has a conviction under Penal Code 368(d) or (e).

The list in Penal Code 667(e)(2)(C)(iv) is short and severe. It includes homicide and attempted homicide offenses, solicitation to commit murder, sexually violent offenses, certain sexual offenses against children under 14, and any serious or violent felony punishable in California by life imprisonment or death.

If all three requirements are met and the person is convicted of a new petty theft, PC 666 allows “imprisonment in the county jail not exceeding one year, or in the state prison.” Because the statute does not name a prison term, Penal Code 18 supplies one: 16 months, two or three years. Subdivision (c) adds that PC 666 does not prevent prosecution or punishment under California’s Three Strikes law.

The practical result is that most people with a theft record do not fit PC 666 at all. Someone with a string of shoplifting convictions but no sex offender registration, no super strike and no elder-theft conviction cannot be charged under it. Proposition 36’s new law covers many of those people.

Penal Code 666.1: The Proposition 36 Law

The core sentence of PC 666.1 reads: “Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170.”

The listed prior offenses are:

• Petty theft (Penal Code 488 or 490.2)
• Grand theft (Penal Code 487, 487h and the other theft laws in the same chapter)
• Theft from an elder or dependent adult (Penal Code 368)
• Theft or unauthorized use of a vehicle (Vehicle Code 10851)
• Burglary (Penal Code 459)
• Carjacking (Penal Code 215)
• Robbery (Penal Code 211)
• Receiving stolen property (Penal Code 496)
• Shoplifting (Penal Code 459.5)
• Identity theft and mail theft (Penal Code 530.5)

Four details make PC 666.1 much broader than PC 666:

• Misdemeanors count. Petty theft and shoplifting are on the list, and both are usually misdemeanors, so two misdemeanor convictions can be enough.
• No jail time is required. Unlike PC 666, the text of PC 666.1 does not require that the person served time for the priors.
• Older convictions count. The statute applies to the listed offenses “including a conviction that occurred before the effective date of this section.” Its text sets no look-back period.
• No special group is required. PC 666.1 does not depend on sex offender registration, a super strike or an elder-theft conviction.

PC 666.1 also contains three procedural rules that matter to families. Subdivision (b) says a person charged or chargeable under the section “may be referred” by the prosecutor’s office or the county probation department to a theft diversion or deferred entry of judgment program under Penal Code 1001.81, and, if appropriate, to substance abuse treatment. Subdivision (c) says: “Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court.” Subdivision (d) says the section does not prevent prosecution or punishment under any other law.

A second or later conviction under PC 666.1 raises the ceiling. It “is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison.”

PC 666 and PC 666.1 Side by Side

Is Petty Theft With a Prior a Felony?

It can be, but it does not have to be. Both PC 666 and PC 666.1 allow either up to one year in county jail or a felony term, which makes them “wobblers.” Penal Code 17(b) lists the situations in which a wobbler becomes “a misdemeanor for all purposes,” including:

• when the prosecutor files a complaint “specifying that the offense is a misdemeanor”;
• when the judge decides before trial, “either on its own motion or the motion of a party, that the offense is a misdemeanor”;
• when the judge grants probation and declares the offense a misdemeanor; and
• after a judgment that imposes a punishment other than state prison or county jail under PC 1170(h).

So there are several points where a petty theft with a prior can land as a misdemeanor: when the case is filed, before trial, and at sentencing. A defense lawyer can ask for the reduction, and the judge can decide it on the court’s own motion.

Where Felony Time Is Served

For a first PC 666.1 conviction, a felony sentence is imposed “pursuant to subdivision (h) of Section 1170.” Penal Code 1170(h) sets a term “in a county jail for 16 months, or two or three years,” not state prison, unless its paragraph (3) applies. Paragraph (3) sends the sentence to state prison when the person has a prior or current serious or violent felony conviction, has a similar felony conviction from another jurisdiction, is required to register as a sex offender, or receives an enhancement under Penal Code 186.11.

Paragraph (5) adds a feature many families do not expect. Unless the judge finds it “not appropriate in a particular case,” the judge imposing a 1170(h) term must suspend “a concluding portion of the term,” and the person spends that part on “mandatory supervision” by the county probation department instead of in jail.

PC 666, and a second or later PC 666.1 conviction, allow state prison. Our guide to the difference between jail and prison explains how the two differ, and our guide to how jail time is calculated in California explains how custody time is counted.

Is It a Strike?

A conviction under PC 666 or PC 666.1 is not on California’s serious felony list in Penal Code 1192.7(c) or its violent felony list in Penal Code 667.5(c). But the priors behind the charge might be. Robbery and carjacking appear on both lists, and first-degree burglary is on the serious felony list. Both PC 666(c) and PC 666.1(d) say they do not block punishment under other laws, including the Three Strikes law, and that shows up in real sentences. In the California Policy Lab’s prison data through July 2026, people admitted to prison for PC 666.1 as second strikers had an average sentence of 36.4 months, compared with 22.7 months for people who were not second strikers.

The Prior Is Handled Separately at Trial

In People v. Bouzas (1991) 53 Cal.3d 467, the California Supreme Court held that the prior conviction and incarceration requirement of PC 666 “is a sentencing factor for the trial court and not an ‘element'” that a jury must decide. It also held that the defendant “had a right to stipulate to the prior conviction and incarceration and thereby preclude the jury from learning of the fact of his prior conviction.” In plain English, a person charged under PC 666 can admit the prior outside the jury’s hearing, so jurors decide the new theft without hearing about the old record. Bouzas was decided under PC 666. How the same approach applies to a PC 666.1 charge is a question for the defense lawyer in the case.

What Happens After an Arrest for Petty Theft With a Prior

The process follows the same broad steps as any California arrest, but a theft record changes several of them.

1. Booking. The booking record lists the charges the arresting agency used. The prosecutor decides later what to file, so the booked charge and the filed charge can differ. A PC 666.1 booking does not guarantee a felony complaint, and a plain petty theft booking does not rule out a PC 666.1 complaint once the prosecutor reviews the record.
2. The first release decision. This is where PC 666.1 changes the most. On a PC 666.1 arrest, the law requires judicial review before release. How that review happens depends on the county, as the table below shows.
3. Arraignment. Under Penal Code 825, a person in custody must be taken before a judge “without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.” Our guide to how long it takes to see a judge explains the timing, and our guide to getting bailed out on the weekend covers weekend arrests.
4. The judge’s release decision. Once the person is in court, the judge decides release. Under Penal Code 1275, a judge setting, reducing or denying bail must consider “the protection of the public, the seriousness of the offense charged, the previous criminal record of the defendant, and the probability of his or her appearing at trial,” and public safety is “the primary consideration.” For a charge built on prior convictions, the record is part of the case by definition. The California Supreme Court held in In re Humphrey (2021) that when money bail is necessary, the court must consider the person’s ability to pay and may not keep someone in jail solely because they cannot afford bail.
5. If the case is filed as a misdemeanor. Penal Code 1270 says a person arraigned in custody on a misdemeanor “shall be entitled to an own recognizance release” unless the court finds, on the record, that release would compromise public safety or would not reasonably assure the person’s appearance. Our guide to release on your own recognizance explains how that kind of release works.

If there will be a contested release hearing, our guide on how to prepare for a bail hearing in California explains how families can get ready.

How Three County Bail Schedules Treated It in 2026

Each superior court adopts its own bail schedule, and the differences are large. These three schedules were read on September 28, 2026.

A few points help make sense of the table:

• Los Angeles. The Los Angeles schedule sorts many lower-level offenses into three groups: cite and release, book and release, and magistrate review. For magistrate review offenses, “release conditions, if any, will be determined by a magistrate,” who may release the person on their own recognizance, release them on non-financial conditions, or defer release to arraignment after finding by clear and convincing evidence that safety or court appearance cannot reasonably be assured. The schedule says the court “has magistrates available 7 days a week, 24 hours a day.”
• Orange County. The Orange County schedule ties PC 666.1 bail to the potential sentence or the loss. Its general table lists $20,000 for an offense with a three-year top term. It also says that at and after a defendant’s first appearance, the amount of bail “shall lie with the sound discretion of the judicial officer.”
• Santa Clara County. The Santa Clara schedule lists a misdemeanor or felony offense charged with PC 666.1 among the cases in which the defendant “is not to be released without judicial review.”

Schedules change, so treat these as dated examples, not a promise of what bail will be today. For other counties, see our guide to bail amounts by crime in California, and for how bail deviation works in Los Angeles, see our guide to bail deviation in Los Angeles.

Why the Rest of the Record Matters

For someone with priors, the new theft charge may not be the only thing that controls release. The Los Angeles schedule, for example, says a person booked on a book-and-release offense who is “on an active grant of felony probation, parole, or PRCS at the time of the offense” shall be referred to a magistrate for review. So shall someone booked on certain offenses who failed to appear, resulting in a warrant, three or more times in the three years before the arrest. When a person is booked on several charges with different release rules, the schedule applies the strictest one, and when another charge or enhancement requires money bail, that bail controls.

In practice, families should ask three questions early: Is there a probation or parole hold? Are there older warrants, especially for missed court dates? Are there other charges from the same arrest? Our guides to probation violations in California, posting bail on an outstanding warrant and what happens after a failure to appear explain each of those problems.

How Proposition 36 Is Playing Out

Proposition 36 gave prosecutors a new option, and early data shows counties using it very differently.

• Early filings. The Public Policy Institute of California reported on April 23, 2025 that a Judicial Council survey, conducted in the second half of February 2025 and covering most counties, found “about 1,500 theft and 1,900 drug cases” filed using the new law’s felony charges. PPIC found that Proposition 36 felony filings (drug and theft combined) per 100,000 residents ranged from 24 in Kern County and 19 in Orange County to about 2 in Fresno and San Francisco counties. In Alameda, Sacramento and Contra Costa counties, PPIC wrote, “the emphasis so far is on theft.”
• Prison admissions. The California Policy Lab’s July 2026 update, published August 31, 2026, reported that since January 2025, “1,183 people were admitted to CDCR custody with PC § 666.1 as the controlling offense,” meaning it was their most serious conviction. That was 2.9% of all prison admissions in the period. As of July 2026, 724 people were in state prison for PC 666.1 cases, 0.8% of the prison population. The average sentence was 27.5 months and the median 24.0 months, and 34.8% of those admitted were second strikers.
• What the numbers leave out. The Policy Lab data covers state prison only. It does not count PC 666.1 cases that ended in county jail under PC 1170(h), probation, diversion or a misdemeanor, all of which the statute allows for a first PC 666.1 conviction.
• The forecast. Before the election, the Legislative Analyst’s Office estimated that the measure’s changes together could increase the prison population “by around a few thousand people.”

In Their Words

The measure’s supporters and critics described its purpose very differently. Speaking to CalMatters in December 2024, Yolo County District Attorney Jeff Reisig called the vote “a clear mandate from the public that we need to take a new approach on public safety issues.” Cristine Soto DeBerry, executive director of the Prosecutors Alliance of California, which opposed the measure, told the same outlet: “I don’t believe the mandate was (to) put more people in prison.”

For a family, the takeaway is practical rather than political. Whether a petty theft with priors is filed as a felony depends heavily on the county and on the prosecutor’s charging choices, which is one more reason to get a defense lawyer involved early.

Diversion, Reduction and Other Outcomes

A PC 666 or PC 666.1 charge does not always end in a felony conviction. Several routes can change the outcome, and a defense lawyer is the right person to judge which ones fit.

• Theft diversion under PC 1001.81. Penal Code 1001.81 lets a city or county prosecutor or county probation department create a diversion or deferred entry of judgment program “for persons who commit a theft offense or repeat theft offenses.” In deciding whether to refer a case, the agency considers factors such as a risk and needs assessment, the person’s willingness to do community service or pay restitution, underlying substance abuse or mental health needs, and whether the person has “a violent or serious prior criminal record” or failed a diversion program before. A written agreement can require completing the program and paying restitution. The referral decision belongs to the prosecutor or probation department, and the law’s note says the section is repealed as of January 1, 2031.
• Misdemeanor diversion by a judge. If the case is filed as, or reduced to, a misdemeanor, Penal Code 1001.95 lets a judge offer diversion “over the objection of a prosecuting attorney” for up to 24 months. If the person completes it, the judge “shall dismiss the action.” The law excludes offenses that require sex offender registration, domestic violence offenses and stalking. Ask the defense lawyer whether it is available in the specific case.
• Reduction to a misdemeanor. As explained above, PC 17(b) gives the prosecutor and the judge several chances to treat the offense as a misdemeanor.
• Immigration advice. For anyone who is not a U.S. citizen, Penal Code 1016.3 requires defense counsel to “provide accurate and affirmative advice about the immigration consequences of a proposed disposition.” Raise this before any plea.

Nobody can predict the result of a particular case from its charge alone. The facts, the record, the county and the lawyers all matter.

Do Old, Expunged or Reduced Convictions Still Count?

This is one of the most common questions families ask, and the answer is often yes.

• Expunged convictions. California’s dismissal laws, Penal Code 1203.4 for people who completed probation and Penal Code 1203.4a for certain misdemeanors, both release people from many penalties. But both also say that in any later prosecution, “the prior conviction may be pleaded and proved.” A dismissed theft conviction can still be alleged as a prior.
• Convictions reduced under Proposition 47. A felony reduced under PC 1170.18 is “a misdemeanor for all purposes,” with a firearm exception. Under PC 666.1, though, misdemeanor petty theft and shoplifting are themselves listed priors, so a reduction to a misdemeanor does not by itself appear to take a theft conviction off the PC 666.1 list. The defense lawyer should review each prior.
• Very old convictions. PC 666.1 counts convictions from before it took effect and sets no look-back period in its text.
• Convictions without jail time. They matter under PC 666.1, which has no time-served requirement. They do not satisfy PC 666, which does.

The most useful thing a family can do is help the lawyer find the facts: the county, case number, date and outcome of each prior, and whether any was dismissed, reduced or sealed.

How This Plays Out: A Real Case and Four Hypothetical Examples

A Real Case: People v. Bouzas

In the Tulare County case that became People v. Bouzas, a pharmacist and a clerk at a drugstore noticed a man standing near the pharmacy area “for an unusual amount of time.” They then saw him enter an area not open to the public and pick up “a pack of 10 syringes.” He was charged with petty theft with a prior under PC 666, and at trial the jury learned that he had a prior robbery conviction. The California Supreme Court, in a unanimous opinion issued April 18, 1991, held that he had a right to stipulate to the prior and keep it from the jury, found “a reasonable probability of a different verdict had the jury not been informed of defendant’s prior robbery conviction,” and reversed the Court of Appeal’s judgment. The lesson for families is that the prior record is handled with special rules, and a skilled lawyer uses them.

Hypothetical 1: Two Old Shoplifting Convictions and a New $60 Theft

This example is hypothetical. Maria has misdemeanor shoplifting convictions from 2019 and 2022 and served no jail time for either. In 2026 she is arrested for taking $60 of groceries. Because she has two listed priors and the new offense is petty theft or shoplifting, PC 666.1 can apply, even though neither prior involved jail. If she is booked under PC 666.1, a judge must review her case before she is released. The prosecutor may file the case as a felony, file it as a misdemeanor, or refer her to a theft diversion program if the county has one. Her lawyer can also ask the judge to treat the offense as a misdemeanor under PC 17(b).

Hypothetical 2: One Prior With Jail Time

This example is hypothetical. Devon has one prior petty theft conviction from 2018, for which he served ten days in county jail. He is not a registered sex offender and has no super strike or elder-theft conviction. PC 666 does not apply, because he is not in any of its three groups. PC 666.1 does not apply either, because he has only one listed prior. His new theft of $200 is ordinary misdemeanor petty theft, and if he is still in custody at arraignment, PC 1270 makes own-recognizance release the default unless the judge makes the required findings.

Hypothetical 3: A Theft Arrest While on Felony Probation in Los Angeles

This example is hypothetical. Andre has two prior theft convictions and is on felony probation when he is arrested in Los Angeles County for shoplifting and booked under PC 666.1. Under the county’s 2026 schedule, the PC 666.1 charge would send his release to a magistrate for review, and the schedule separately refers people on felony probation to a magistrate even for offenses that would otherwise be book and release. His probation officer may also start a violation proceeding in the older case. His family should ask about both cases, not just the new charge. Our guide to probation violations in California explains the second process.

Hypothetical 4: Three Small Thefts Added Together

This example is hypothetical. Keisha is accused of taking about $400 of merchandise from the same chain on each of three occasions. Under PC 490.3, the prosecutor can combine the values into a single charge, and a total above $950 can support a grand theft charge instead of three petty thefts. If she also had two listed priors, the prosecutor would have two separate tools, aggregation and PC 666.1, to consider.

What Families Should Do

1. Find out where your loved one is held. Use the county inmate locator or our California inmate locator guide. Write down the booking number.
2. Write down the exact charges. PC 488, 490.2, 459.5, 666 and 666.1 lead to very different release paths. Ask whether PC 666.1 is on the booking record.
3. Ask when the judge’s review will happen. On a PC 666.1 arrest, release waits for judicial review. Ask the jail or court whether review happens before arraignment in that county or at arraignment.
4. Check for holds and other cases. Ask about probation or parole holds, older warrants and other charges from the same arrest. Any of them can control release.
5. Gather information about the priors. For each prior theft conviction, note the county, year, case number, outcome and whether jail was served or the case was later dismissed or reduced.
6. Get a defense lawyer or public defender involved early. Ask about misdemeanor filing, PC 17(b) reduction, theft diversion, misdemeanor diversion, stipulating to the priors and, for non-citizens, immigration consequences.
7. Prepare for the release decision. Judges consider public safety, the record and the likelihood of returning to court. Proof of stable housing, work, family support or treatment enrollment can help the lawyer answer those questions.
8. Understand any bail before you sign. If a judge sets money bail and you plan to cosign a bond, learn your role as a bail bond cosigner first, and see what you need to get a bail bond.
9. After release, protect the case. Keep every court date, follow every condition and avoid any new arrest. A missed date can bring a warrant and new charges.

How Bail Hotline Can Help

Everything above this section is written to be useful whether or not you ever call us. This is the one place we talk about ourselves.

Bail Hotline is a family-owned bail bond company that has served California families since 2004. We are licensed through our parent company, DMCG, Inc., with the California Department of Insurance (license #1845394). Reach us 24 hours a day, 7 days a week, at (888) 958-1228.

Arrested for Theft With a Record? This Is Where We Help Most

A petty theft arrest for someone with priors is confusing in a way a first arrest is not. The booking record may list PC 666 or PC 666.1, a judge may have to review the case before release, and a probation hold or an old warrant can surface at the same time. Families are often left waiting without knowing what is happening. That is exactly the moment we are built for.

• Jail information quickly, at no charge. Our agents gather inmate information for all jails quickly and at no charge, and every Bail Hotline office holds accounts with the jail systems. We can help you learn where your loved one is and what they were booked for.
• Ready the moment bail is set. When a magistrate or judge sets bail, our dedicated posting agents work around the clock, including nights, weekends and holidays.
• Warrant walk-throughs. A theft record can come with an older warrant for a missed court date. If you think there is one, we walk you through the steps to address it.
• Out-of-county is not an automatic no. Priors and warrants from other counties can come up in these cases. A large, complicated or out-of-county bond is not an automatic no for us.
• Every cosigner is walked through the agreement. Before anyone signs, an agent explains what the cosigner is agreeing to and answers questions.

Every case is different. A judge decides whether, when and on what terms someone arrested for petty theft with a prior is released, and we cannot promise approval, a release time or any result in the case. If the court releases your loved one on their own recognizance or with no money bail, there may be nothing to post.

After Release: Keeping the Case on Track

• Text court-date reminders. We send text reminders of court dates, because a missed date on a theft case can add a warrant and new charges to a record that already matters.
• Signing out of a bond. A cosigner may be able to sign out of a bond that is in good standing, meaning there are no past-due payments and the defendant has not missed court or daily online check-ins. We explain how it works case by case. See our guide to removing a cosigner’s name from a bail bond.

Find more offices in our locations directory, start online with online bail bonds, or read quick answers in our bail FAQ.

Frequently Asked Questions

What is petty theft with a prior in California?

It is a petty theft (property worth $950 or less) that can be punished more severely because of the person’s prior convictions. California has two versions. PC 666 covers people with a listed prior they served time for who are also registered sex offenders, have a super strike prior, or have an elder-theft conviction. PC 666.1, added by Proposition 36, covers anyone with two or more listed prior theft convictions who is convicted of a new petty theft or shoplifting.

Is petty theft with a prior a felony?

It can be charged and punished as a felony, but it is a wobbler, so it can also end as a misdemeanor. The prosecutor can file it as a misdemeanor, and the judge can reduce it under PC 17(b) before trial, when granting probation or through the sentence imposed. A first PC 666.1 felony carries 16 months, two or three years under PC 1170(h).

How many prior theft convictions does it take for petty theft to become a felony?

Under PC 666.1, two or more prior convictions for listed theft crimes, which can include misdemeanor petty theft and shoplifting. Under PC 666, one listed prior is enough, but only if the person served time for it and is in one of the law’s three groups. Someone with one theft prior who is not in those groups generally faces an ordinary misdemeanor.

What is the difference between PC 666 and PC 666.1?

PC 666 is narrow: it requires time served on a prior plus sex offender registration, a super strike or an elder-theft conviction. PC 666.1 is broad: it requires two or more listed theft priors, with no time-served requirement and no special group. PC 666.1 also covers new shoplifting charges, requires a judge’s review before release after an arrest, and mentions referral to theft diversion.

Can you get out of jail after an arrest for petty theft with a prior?

Release is possible, but it is not automatic, and the path depends on the county and the charge. On a PC 666.1 arrest, the law requires a judge’s review before release. In 2026, Los Angeles treated PC 666.1 as a magistrate review offense with $0 bail but conditions set by a magistrate, Orange County required a magistrate’s approval to post bail, and Santa Clara County listed $5,000 with judicial review. At arraignment, the judge decides release using public safety, the record and the likelihood of returning to court.

Does an expunged theft conviction still count as a prior?

Often, yes. California’s dismissal laws, PC 1203.4 and 1203.4a, say that in any later prosecution the prior conviction “may be pleaded and proved.” A dismissed theft conviction can therefore still be alleged under PC 666 or PC 666.1. A defense lawyer should review how each prior was resolved.

What is the maximum sentence for petty theft with a prior?

Before any other enhancement, the felony range for PC 666, and for a second or later PC 666.1 conviction, is 16 months, two or three years in state prison. A first PC 666.1 conviction carries up to three years under PC 1170(h). That term is served in state prison if PC 1170(h)(3) applies, for example because of a serious or violent felony prior. Otherwise it is served in county jail, and the judge normally suspends a concluding portion for mandatory supervision. Three Strikes and other laws can add more, and second strikers in the California Policy Lab’s data received longer average sentences.

Is petty theft with a prior a strike?

No. PC 666 and PC 666.1 are not on California’s serious felony list in PC 1192.7(c) or its violent felony list in PC 667.5(c). A prior strike, such as a robbery, can still increase the punishment for a new PC 666.1 conviction under the Three Strikes law.

Does shoplifting count as a prior theft conviction?

For PC 666.1, yes. Shoplifting under PC 459.5 is on the list of qualifying priors, and a new shoplifting charge can itself be the offense that triggers PC 666.1. PC 666’s list of priors does not name shoplifting, and PC 666 applies only to a new petty theft.

Can a petty theft with a prior charge be reduced to a misdemeanor?

Yes, in many cases. The prosecutor can file the case as a misdemeanor, and the judge can declare it a misdemeanor under PC 17(b) before trial, at a grant of probation or through the sentence. Diversion under PC 1001.81 or, for misdemeanors, PC 1001.95 may also be possible. Whether any of these fit depends on the facts and the record.

Why We Publish This

The words “petty theft” make many families assume a quick release and a small consequence. With a prior record, that is no longer safe to assume in California, and the rules changed again in December 2024. We publish this guide so families can see the actual statutes, the dated county rules and the real data in plain English, and know which questions to ask before the first court date. This guide is general information, not legal advice. For advice about a specific case, talk to a California criminal defense lawyer or the public defender.

Sources and Further Reading

California statutes (official text)

• Penal Code 17 (felony and misdemeanor classification; wobbler reduction)
• Penal Code 18 (default felony terms)
• Penal Code 484 (definition of theft)
• Penal Code 487 (grand theft)
• Penal Code 488 and Penal Code 490 (petty theft and its punishment)
• Penal Code 490.2 (theft of $950 or less, Proposition 47)
• Penal Code 490.3 (aggregation, Proposition 36)
• Penal Code 459.5 (shoplifting)
• Penal Code 666 (petty theft with a prior)
• Penal Code 666.1 (theft with two or more priors, Proposition 36)
• Penal Code 667 (Three Strikes; super strike list)
• Penal Code 667.5 and Penal Code 1192.7 (violent and serious felony lists)
• Penal Code 825 (time to arraignment)
• Penal Code 1001.81 (theft diversion) and Penal Code 1001.95 (misdemeanor diversion)
• Penal Code 1016.3 (immigration advice)
• Penal Code 1170 (county jail felonies and mandatory supervision)
• Penal Code 1170.18 (Proposition 47 resentencing)
• Penal Code 1203.4 and Penal Code 1203.4a (dismissal relief)
• Penal Code 1270 and Penal Code 1275 (own-recognizance release and bail factors)

Court decisions

• People v. Bouzas (1991) 53 Cal.3d 467
• In re Humphrey (2021) 11 Cal.5th 135

Court bail schedules (2026)

• Superior Court of Los Angeles County, 2026 Felony Bail Schedule (effective January 1, 2026)
• Superior Court of Orange County, 2026 Uniform Bail Schedule (effective January 1, 2026)
• Superior Court of Santa Clara County, 2026 Criminal Bail Schedule (effective January 27, 2026)

Research and data

• Legislative Analyst’s Office, analysis of Proposition 36 (November 5, 2024 ballot)
• Public Policy Institute of California, “Early Implementation of Prop 36 Varies Widely across Counties” (April 23, 2025)
• California Policy Lab, “Prop 36 (2024) Prison Data: July 2026 Update” (August 31, 2026)

Reporting

• CalMatters, Cayla Mihalovich, reporting on Proposition 36 and California’s new theft laws (December 27, 2024)

Quick answer: Child endangerment in California is charged under Penal Code 273a. It covers inflicting unjustifiable physical pain or mental suffering on a child, willfully causing or permitting a child to suffer that kind of pain, and, for anyone who has care or custody of a child, willfully causing or permitting the child to be injured or placed in a situation that endangers the child’s person or health. A child does not have to be hurt for the charge to apply. When the conduct happens “under circumstances or conditions likely to produce great bodily harm or death,” PC 273a(a) is a wobbler: it can be punished by up to one year in county jail or by two, four or six years in state prison. In other circumstances, PC 273a(b) is a misdemeanor, which carries up to six months in county jail, a fine of up to $1,000, or both. If the court grants probation, the law sets minimum conditions: at least 48 months of probation, a criminal protective order, and at least one year of a child abuser’s treatment counseling program, unless the judge waives a condition and states the reasons on the record. After an arrest, release depends on the county and often on a judge. In 2026, Los Angeles County sent PC 273a arrests, felony or misdemeanor, to a magistrate for review, while for felony PC 273a(a) the Orange and San Diego county schedules listed $100,000 and Santa Clara County listed $50,000.

Updated September 2026. Written for people facing a child endangerment charge in California and for the family members trying to help them. Checked on September 29, 2026 against the California Penal Code, Family Code, Vehicle Code and Government Code, the Judicial Council’s 2026 criminal jury instructions (CALCRIM), California Supreme Court decisions, and the 2026 bail schedules of the Los Angeles, Orange, San Diego and Santa Clara county superior courts. General information, not legal advice.

This guide covers the criminal charge itself: what a prosecutor has to prove, how serious it is, what happens after an arrest, and how these cases end. If your main worry is custody, visitation or a CPS case, read our companion guide, can you lose custody for child endangerment in California? If the arrest involved a spouse or partner, see our guide to bail for domestic violence. If someone was just arrested and you do not know where they are held, start with how to find out if someone is in jail.

Child Endangerment and Related Laws at a Glance

In this guide: What PC 273a covers | Situations that raise the question | Felony or misdemeanor | Probation rules | After an arrest | County bail schedules | Protective orders | How cases end | Other consequences | Examples | Checklist | How Bail Hotline can help | FAQ | Sources

What Is Child Endangerment Under Penal Code 273a?

California’s child endangerment law is written broadly on purpose. In People v. Valdez (2002) 27 Cal.4th 778, the California Supreme Court, quoting its earlier decision in People v. Sargent, described section 273a(a) as “an omnibus statute that proscribes essentially four branches of conduct.” The Judicial Council’s jury instruction for the felony version, CALCRIM No. 821, lays those branches out as four alternatives. A prosecutor has to prove at least one of them:

1. Direct infliction. The person willfully inflicted unjustifiable physical pain or mental suffering on a child.
2. Causing or permitting suffering. The person willfully caused or permitted a child to suffer unjustifiable physical pain or mental suffering.
3. Injury while caring for a child. While having care or custody of a child, the person willfully caused or permitted the child’s person or health to be injured.
4. Endangerment while caring for a child. While having care or custody of a child, the person willfully caused or permitted the child to be placed in a situation where the child’s person or health was endangered.

The misdemeanor instruction, CALCRIM No. 823, uses the same four alternatives. What separates the felony-level charge from the misdemeanor is the circumstances, explained below.

Key Terms, in Plain English

• Child. CALCRIM 821 says: “A child is any person under the age of 18 years.”
• Willfully. “Someone commits an act willfully when he or she does it willingly or on purpose.”
• Unjustifiable. Pain or suffering is unjustifiable when it “is not reasonably necessary or is excessive under the circumstances.”
• Care or custody. The person does not have to be a parent. CALCRIM’s notes quote a 1999 appellate decision, People v. Toney: “The terms ‘care or custody’ do not imply a familial relationship but only a willingness to assume duties correspondent to the role of a caregiver.” A partner, grandparent, babysitter or relative who takes on a caregiver’s role can qualify.
• No injury required. CALCRIM 821 tells jurors: “A child does not need to actually suffer great bodily harm.” The endangerment branch is about the situation the child was placed in, not only about what happened afterward.
• Before birth. According to CALCRIM’s notes, a 1977 appellate decision, Reyes v. Superior Court, held that PC 273a does not apply to prenatal conduct endangering an unborn child.

What the Prosecutor Must Prove About State of Mind

The required mental state depends on which branch is charged. For direct infliction, CALCRIM 821 cites People v. Sargent (1999) for the rule that general criminal intent is required. For the three indirect branches (causing or permitting suffering, injury or danger), the prosecutor must also prove criminal negligence. In Valdez, the Supreme Court said: “We reaffirm criminal negligence is the appropriate standard.”

Criminal negligence is more than a mistake. CALCRIM 821 defines it this way: “Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.” A person acts with criminal negligence when all three of these are true:

1. They act in a reckless way that is a gross departure from how an ordinarily careful person would act in the same situation.
2. Their acts amount to disregard for human life or indifference to the consequences.
3. A reasonable person would have known that acting that way would naturally and probably result in harm to others.

The test is objective. Valdez explained that a person is “presumed to have had such an awareness” of the risk if “a reasonable person in defendant’s position would have been aware of the risk involved.” In practical terms, an ordinary lapse is not supposed to be a crime, but saying “I didn’t realize” is not automatically a defense either. The question is whether the conduct was a gross departure from ordinary care.

Felony or Misdemeanor Circumstances: “Likely to Produce Great Bodily Harm or Death”

Subdivision (a) applies to conduct “under circumstances or conditions likely to produce great bodily harm or death.” Subdivision (b) applies to the same conduct “under circumstances or conditions other than those likely to produce great bodily harm or death.” CALCRIM 821 tells jurors that “likely to produce” great bodily harm or death means the probability of that harm “is high,” and it defines great bodily harm as “significant or substantial physical injury. It is an injury that is greater than minor or moderate harm.”

This line matters at every stage. It decides which subdivision is charged, which bail schedule line applies, and what the possible sentence is. CALCRIM 821 also lists misdemeanor child abuse under PC 273a(b) as a lesser included offense of PC 273a(a), so a jury that is not convinced about the dangerous circumstances can still consider the misdemeanor.

Reasonable Discipline Is a Defense

California law recognizes a parent’s right to discipline a child. Under CALCRIM No. 3405, a parent or guardian is not guilty if they used justifiable physical force or another justifiable method of discipline. Discipline is justifiable if a reasonable person would find that punishment was necessary under the circumstances and that the force or method used was reasonable. When the defense is raised, CALCRIM 3405 says the prosecution “must prove beyond a reasonable doubt” that the force or method was not justifiable.

The defense has limits. CALCRIM’s notes explain that confining a child to a particular place for discipline can be reasonable, but confining a child for an unlawful purpose or with the intent to endanger the child’s health and safety is not. Whether a specific act of discipline was reasonable is a fact question for the court or jury, and it is one of the first things a defense lawyer will ask about.

Situations That Often Raise the Question

PC 273a does not list specific acts, so a charge follows the facts. The situations below come up in California law and published cases. None of them leads to a charge automatically, and each depends on the details.

A Child Left Alone in a Car

Vehicle Code 15620 says a parent, legal guardian or other person responsible for a child who is 6 or younger may not leave the child in a vehicle without supervision by someone 12 or older when there are “conditions that present a significant risk to the child’s health or safety,” or when the engine is running or the keys are in the ignition. A violation is an infraction with a $100 fine, which a court can reduce or waive for an economically disadvantaged person who is referred to a community education program. That fine rule does not apply if the child is injured or needs medical services. The statute also says it does not “preclude prosecution” under PC 273a, so the same event can support a child endangerment charge when the facts are serious enough.

Driving Under the Influence With a Child in the Car

Vehicle Code 23572 adds mandatory jail time when a person is convicted of DUI under Vehicle Code 23152 and “a minor under 14 years of age was a passenger in the vehicle.” For a first offense punished under Vehicle Code 23536, the addition is 48 continuous hours in county jail “whether or not probation is granted.” Later offenses covered by the statute carry longer additions of 10, 30 or 90 days. The child passenger must be pleaded and proven, and the statute says no enhancement is imposed if the person “is also convicted of a violation of Section 273a of the Penal Code arising out of the same facts and incident.” Whether a child endangerment count is filed for the same drive depends on the facts and the prosecutor. For the release side of a DUI arrest, see our guide to DUI bail bonds.

An Unsafe Home

The endangerment branch applies to someone with care or custody of a child who willfully causes or permits the child “to be placed in a situation where his or her person or health is endangered.” Cases involving drugs within a child’s reach, dangerous living conditions or weapons can raise this question.

Firearms also have their own law. California’s criminal storage statute, Penal Code 25100, in a version operative since January 1, 2026, has three degrees. The first degree applies when a person keeps a firearm where they know or reasonably should know a child is likely to gain access without a parent’s permission, and the child gets the gun and causes death or great bodily injury. Under Penal Code 25110, that degree is a wobbler punishable by 16 months, two or three years under PC 1170(h), or up to one year in county jail, with fines. The third degree applies when a person “negligently stores or leaves a firearm” where they know or reasonably should know a child is likely to gain access, and it is a misdemeanor even if the child never touches the gun.

Failing to Protect a Child From Another Adult

The words “causes or permits” mean a caregiver can be charged for what they allowed to happen, not only for what they did with their own hands. The Valdez case, described in the examples section below, involved a mother who kept leaving her baby with a partner after a series of injuries. The Supreme Court held that criminal negligence was the correct standard for that kind of charge.

Domestic Violence in Front of Children

When a partner is arrested for domestic violence with children at home, the child endangerment question may come up as well. Penal Code 1170.76 makes it “a circumstance in aggravation” at sentencing when certain assault and domestic violence crimes, including PC 245 and PC 273.5, “contemporaneously occurred in the presence of, or was witnessed by, the minor” and the defendant has a listed household or family relationship to the child or the victim. Whether a separate PC 273a count is filed depends on whether the prosecutor believes the facts meet that statute. Our guide to bail for domestic violence covers the release rules for those charges.

How Many Cases Start: A Report

Many child endangerment investigations begin with a report. Under Penal Code 11166, mandated reporters, a group of professionals defined in California’s child abuse reporting law, must report when, in their professional capacity, they know of or observe a child whom they know or reasonably suspect has been the victim of abuse or neglect. The first report goes by telephone “immediately or as soon as is practicably possible,” followed by a written report within 36 hours. The reporting law’s definition of endangering a child, in Penal Code 11165.3, tracks the language of PC 273a. A report is not a finding or a charge. It starts an investigation that may or may not lead to an arrest.

Is Child Endangerment a Felony in California?

It can be. PC 273a(a) allows either “imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years,” which makes it a wobbler. PC 273a(b) is always a misdemeanor. Because subdivision (b) does not name its own punishment, the general misdemeanor rule in Penal Code 19 applies: up to six months in county jail, a fine of up to $1,000, or both.

A felony-level PC 273a(a) case can still end as a misdemeanor. Penal Code 17(b) makes a wobbler “a misdemeanor for all purposes” in several situations, including:

• when the prosecutor files a complaint in a misdemeanor court “specifying that the offense is a misdemeanor”;
• when the judge decides before trial, “either on its own motion or the motion of a party, that the offense is a misdemeanor”;
• when the court grants probation and declares the offense a misdemeanor, then or later on application; and
• after a judgment that imposes a punishment other than state prison or county jail under PC 1170(h).

That gives the defense several points to ask for a reduction: at filing, before trial, at a grant of probation, and at sentencing.

Enhancements That Can Add Time

Two enhancements are written specifically for serious harm to children:

• Great bodily injury to a child under 5. Under Penal Code 12022.7(d), a person who “personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony” faces an additional and consecutive state prison term of four, five or six years. The same statute defines great bodily injury as “a significant or substantial physical injury.”
• A child’s death. Under Penal Code 12022.95, a person convicted of PC 273a whose conduct under circumstances likely to produce great bodily harm or death results in a child’s death “shall receive a four-year enhancement for each violation.” The enhancement applies only if it is alleged in the charging document and admitted or found true. The statute also says it does not affect the separate murder and manslaughter laws.

Is Child Endangerment a Strike?

PC 273a is not named on California’s serious felony list in Penal Code 1192.7(c) or its violent felony list in Penal Code 667.5(c). Both lists, however, include felonies involving great bodily injury. The serious felony list includes “any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice.” The violent felony list includes a felony in which the defendant inflicts great bodily injury that “has been charged and proved as provided for in Section 12022.7.” So an ordinary PC 273a case is not a strike, but a felony case with a great bodily injury finding can be. Ask the defense lawyer exactly what is alleged.

Probation Rules Written Into PC 273a

For many families, the most practical part of the statute is its probation rules. PC 273a(c) says that when a person is convicted and “probation is granted, the court shall require the following minimum conditions of probation”:

1. At least 48 months of probation. The statute calls it “A mandatory minimum period of probation of 48 months.”
2. A criminal protective order protecting the victim “from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.”
3. At least one year of a child abuser’s treatment counseling program approved by the probation department. The person must start “immediately upon the grant of probation,” prove enrollment to the court within 30 days of enrolling, and provide quarterly progress reports.
4. No drugs or alcohol, if they were involved. If the offense was committed under the influence, the person must abstain for the whole probation period and is subject to random testing.

The judge “may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice,” and must state the reasons on the record. A waiver is possible, not automatic.

Money can affect when probation ends. The statute says probation terms “shall not be lifted until all reasonable fees due to the counseling program have been paid in full,” but also that “in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1.” A judge can reduce or waive the fees if the person’s circumstances changed and they cannot pay.

What the Treatment Program Involves

Penal Code 273.1 sets the standards for the program. It must have substantial expertise and experience treating child abuse victims and the families in which abuse and violence have occurred. Staff must be licensed therapists or work under a licensed therapist’s direct supervision. Treatment must address the offense, including breaking the cycle of family violence, anger management and parenting education. Groups can be no larger than 12 people, and the program can identify substance abuse and treat it or refer the person elsewhere.

Two details matter to families. First, “no child victim shall be compelled or required to participate in the program,” including family counseling. Second, the defendant pays the full cost, but the court can waive some or all of it for inability to pay. At a requested hearing on ability to pay, the court must consider how the program’s cost affects the defendant’s ability to provide food, clothing and shelter for the child. The program sends progress reports to the court and probation department at least every three months.

Does the Two-Year Probation Limit Apply?

Under current law, California generally limits felony probation to two years under Penal Code 1203.1(a) and misdemeanor probation to one year under Penal Code 1203a. Both limits have an exception for “an offense that includes specific probation lengths within its provisions.” PC 273a is written with its own 48-month minimum, which is the kind of provision those exceptions describe. Ask the defense lawyer how the court is applying it in the specific case. For what happens if a condition is broken, see our guide to probation violations in California.

What Happens After an Arrest for Child Endangerment

Booking and the First Court Date

After an arrest, the person is booked at a police station or county jail. Under Penal Code 825, someone held in custody must be brought before a magistrate “without unnecessary delay, and, in any event, within 48 hours after his or her arrest, excluding Sundays and holidays.” That first appearance is usually the arraignment, where the charges are read and release is addressed. For the timing in practice, see how long it takes to see a judge and whether you can get bailed out on the weekend.

How Release Is Decided

The rules differ for misdemeanor and felony charges.

• Misdemeanor charges. Under Penal Code 1270, a person in custody who is arraigned on a misdemeanor “shall be entitled to an own recognizance release unless the court makes a finding on the record” that release would compromise public safety or would not reasonably assure the person’s return to court. See what released on your own recognizance means.
• All charges. Under Penal Code 1275, a judge setting, reducing or denying bail must consider public safety, the seriousness of the offense, the person’s record and the likelihood of returning to court. “The public safety shall be the primary consideration.” In judging seriousness, the judge must consider “the alleged injury to the victim,” threats to the victim or a witness, any alleged weapon, and alleged drug use or possession.
• Ability to pay. In In re Humphrey, decided March 25, 2021, the California Supreme Court held that when a financial condition is necessary, the court must consider the person’s ability to pay and may not detain someone solely because they cannot afford bail.
• When a hearing is required. Penal Code 1270.1 requires a hearing in open court, with two court days’ written notice to the prosecutor and defense, before someone arrested for a serious or violent felony, or for certain domestic violence, criminal threat, stalking and witness intimidation crimes, is released on bail above or below the schedule or on their own recognizance. PC 273a is not on that list by name, but a case charged as a serious or violent felony, such as one alleging personal infliction of great bodily injury, is covered.

Release on the person’s own recognizance still comes with promises. Under Penal Code 1318, the person signs an agreement to appear at every court date, obey all reasonable conditions, not leave California without the court’s permission, and waive extradition if they fail to appear and are found outside the state. To get ready for the hearing itself, see our guide on how to prepare for a bail hearing in California.

How Four County Bail Schedules Treated PC 273a in 2026

Each county’s superior court adopts its own bail schedule. The schedule is a starting point for release before arraignment, not the final word; a judge can set a different amount or conditions. Here is how four large counties listed child endangerment in their 2026 schedules.

Sources: the Los Angeles felony and misdemeanor, Orange, San Diego and Santa Clara superior court schedules, read September 29, 2026.

Los Angeles works differently from the other three. Its 2026 schedule says people arrested for crimes designated MR “are subject to $0 bail and are not required to provide financial conditions of release unless a designated exception applies,” and that “their release conditions, if any, will be determined by a magistrate.” The magistrate can release the person on their own recognizance, release them on $0 bail with the least restrictive nonfinancial conditions needed, or put off the release decision until arraignment if the magistrate finds by clear and convincing evidence that public or victim safety, or the person’s return to court, cannot be reasonably assured with nonfinancial conditions. When someone is booked on several charges with different designations, the strictest one controls. For more on how Los Angeles handles these decisions, see our guide to bail deviation in Los Angeles. For schedule amounts on other charges, see our guide to bail amounts by crime in California.

Protective Orders and Going Home

For many families, the most urgent question after a child endangerment arrest is not bail. It is whether the person can go home and see the children. Several different orders can answer that question, and bail does not cancel any of them.

• Emergency protective orders. Under Family Code 6250, a judicial officer can issue an emergency order when a law enforcement officer asserts reasonable grounds to believe “a child is in immediate and present danger of abuse by a family or household member.” Under Family Code 6256, it expires at the earlier of the close of court business on the fifth court day after it is issued or the seventh calendar day.
• Criminal protective orders during the case. Under Penal Code 136.2, a criminal court that has “a good cause belief that harm to, or intimidation or dissuasion of, a victim or witness has occurred or is reasonably likely to occur” can issue orders, including an order under Family Code 6320 and an order that the defendant have “no communication whatsoever with a specified witness or a victim except through an attorney.”
• Protective orders at sentencing. If probation is granted, PC 273a(c)(2) requires a criminal protective order, and “if appropriate, residence exclusion or stay-away conditions.”

If an order says to stay away from the child or the home, the person must follow it even after release, and may need somewhere else to live while the case goes on. Violating a protective order is a separate crime. Under Penal Code 166(c)(1), a willful and knowing violation of a criminal court order issued under PC 136.2 is contempt of court, a misdemeanor, and Penal Code 273.6 covers domestic violence protective orders issued under the Family Code. Family court custody orders and juvenile dependency orders are separate again. Our guide to child endangerment and custody explains how those courts work and what a parent can do.

Diversion, Reduction and Other Ways a Case Can End

A child endangerment arrest does not always become a conviction, and a conviction does not always look the same. Depending on the facts and the record, a case can end in several ways.

• No charge or a dismissal. Prosecutors decide whether to file charges and which ones. A case can also be dismissed later.
• A misdemeanor instead of a felony. A PC 273a(a) case can be filed as a misdemeanor or reduced under PC 17(b), as explained above. A plea to PC 273a(b), the lesser included misdemeanor, is another path.
• Misdemeanor diversion. Under Penal Code 1001.95, a judge in a misdemeanor case may offer diversion “over the objection of a prosecuting attorney,” continue the case for up to 24 months with conditions, and dismiss it if the person complies. The law excludes offenses that require sex offender registration, stalking under PC 646.9, and any offense “involving domestic violence, as defined in Section 6211 of the Family Code or subdivision (b) of Section 13700.” Family Code 6211 includes abuse against “a child of a party” in its definition of domestic violence, so whether a particular child endangerment case qualifies is a question for the defense lawyer.
• Mental health diversion. Penal Code 1001.36 allows pretrial diversion for a misdemeanor or felony that is not on its list of excluded offenses, and PC 273a is not on that list. The person must have a qualifying diagnosed mental disorder, supported by a diagnosis or treatment within the last five years by a qualified mental health expert. The disorder must have been “a significant factor in the commission of the charged offense,” which the court must find once there is a diagnosis unless clear and convincing evidence shows the disorder was not a motivating, causal or contributing factor. The court must also find the person suitable for diversion.
• Probation with the PC 273a conditions. A conviction can end in a grant of probation with the minimum conditions described above, unless the judge waives some of them.
• Jail or prison. For the most serious cases, and especially with an enhancement, a custody sentence is possible.

Can a Child Endangerment Conviction Be Expunged?

Often, yes, once probation is complete. Penal Code 1203.4 lets a person who has fulfilled the conditions of probation, or been discharged early, withdraw a guilty or no contest plea (or have a guilty verdict set aside) and have the case dismissed. A court can also grant this relief in its discretion and in the interest of justice. PC 273a is not on the list of offenses the statute excludes. A dismissal does not erase every consequence, though. The statute says that “in any subsequent prosecution of the defendant for any other offense, the prior conviction may be pleaded and proved.” It also says a dismissal does not permit a person “to own, possess, or have custody or control of a firearm” or prevent a conviction under the firearm-prohibition chapter that begins with PC 29800.

Consequences Beyond the Sentence

Firearms

A felony conviction of any kind makes it a crime to own or possess a firearm under Penal Code 29800. A misdemeanor conviction can matter too. Under Penal Code 29805(d), a person “convicted on or after January 1, 2023, of a misdemeanor violation of Section 273a” who owns or possesses a firearm within 10 years of the conviction commits a separate crime.

Custody, Visitation and Child Welfare

A child endangerment case can run alongside a family court custody case or a juvenile dependency case, and each court makes its own decisions. The criminal result does not automatically settle the others. Our guide to child endangerment and custody in California walks through those systems.

If the Person Is Not a U.S. Citizen

Federal law makes a noncitizen deportable if, after admission, they are “convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment” (8 U.S.C. 1227(a)(2)(E)(i)), and California’s Penal Code 1016.3 requires defense counsel to give “accurate and affirmative advice about the immigration consequences of a proposed disposition.”

Immigration enforcement can also reach the county jail. Under the California Values Act, a local agency may not keep someone in custody on the basis of an ICE hold request (Government Code 7284.6). It may notify ICE of a nonpublic release date or transfer the person to ICE only in the situations listed in Government Code 7282.5, or, for a transfer, with a judicial warrant or judicial probable cause determination. Those situations include certain prior convictions. The statute’s list names “child abuse or endangerment,” including PC 273a, and counts a felony conviction within the last 15 years or a misdemeanor conviction within the last five years for a crime punishable either way; any prior felony conviction punishable by state prison also qualifies. A separate subdivision allows a release-date notification, but not a transfer, after a magistrate finds probable cause on a charge of a felony punishable by state prison, which includes felony PC 273a(a). These are permissions, not requirements, and county practices differ. Our guide to immigration bonds and bail bonds explains ICE holds, immigration bonds and how the two systems differ.

How This Plays Out: A Real Case and Four Hypothetical Examples

A Real Case: People v. Valdez (2002)

In February 1997, Eva Valdez’s live-in fiancé, Hiram Lebron, moved into her home and offered to care for her children while she worked. Over the next few months, her baby daughter, Thalia, was seriously burned while in his care, had her arm broken when he tried to pull her from Valdez’s arms, and got a black eye while in his care. He told her the burn happened when the baby was left in a sink for a moment and the water got too hot, and that the black eye came from a slip in the bathtub. The opinion says Valdez “continued to leave Thalia in Lebron’s care,” and that friends told her “too many accidents were happening for her to safely entrust Thalia to Lebron.” On May 17, 1997, Thalia, then 11 months old, died from a severe beating and shaking inflicted by Lebron. Valdez was at work when the fatal injuries happened.

The jury convicted Valdez of felony child endangerment under instructions that allowed conviction if she acted with criminal negligence. The Court of Appeal reversed, reading the statute to require that she purposely placed the child in danger while subjectively aware of the risk. The California Supreme Court disagreed: “We reaffirm criminal negligence is the appropriate standard.” It reversed the Court of Appeal’s judgment and sent the case back for further proceedings.

The lesson for families: PC 273a can reach a caregiver who did not personally hurt the child but kept allowing a dangerous situation to continue. The question is not only what the person meant to do. It is whether a reasonable person in their position would have recognized the risk.

Hypothetical 1: A Toddler Left in the Car

This example is invented to show how the rules work. A father leaves his 3-year-old asleep in the car while he runs into a store for ten minutes on a hot afternoon. A passerby calls police. Vehicle Code 15620 can apply because the child is 6 or younger, was left without supervision by someone 12 or older, and heat can be a condition that presents a significant risk to a child’s health or safety. Whether prosecutors also file PC 273a, and under which subdivision, will turn on the facts: the heat, how long the child was alone, the child’s condition, and whether the circumstances were likely to produce great bodily harm. If the child needed medical care, the $100 fine rule in Vehicle Code 15620 does not apply.

Hypothetical 2: The Same Charge in Two Counties

This example is invented. Two people are arrested the same night for felony PC 273a(a), one in Los Angeles County and one in Orange County. In Los Angeles, the 2026 schedule designates the charge MR, so a magistrate decides before arraignment whether to release the person on their own recognizance, on $0 bail with conditions, or to hold the decision for arraignment. In Orange County, the 2026 schedule lists $100,000. In both counties, a judge at arraignment can change the release terms, and any protective order applies regardless of how the person is released.

Hypothetical 3: A Grandmother Babysitting

This example is invented. A grandmother watching her grandchildren for the weekend is arrested after a 4-year-old is found wandering near a busy road. She is not the parent, but she agreed to care for the children, so she can have “care or custody” for PC 273a. The prosecutor must prove she willfully caused or permitted the danger and that she was criminally negligent, meaning a gross departure from ordinary care, not just a momentary lapse. Those facts are the core of the defense.

Hypothetical 4: A Misdemeanor Plea With Probation

This example is invented. A parent pleads to misdemeanor PC 273a(b) and is granted probation. Unless the judge waives a condition on the record, the parent faces at least 48 months of probation, a criminal protective order and at least one year in an approved child abuser’s treatment program, with proof of enrollment due within 30 days of enrolling. If the parent completes probation, they can later ask the court to dismiss the case under PC 1203.4.

What Families Should Do

1. Find out where your loved one is held. Use the county’s inmate locator or our California inmate locator guide. Write down the booking number and the booking charges.
2. Get the exact charge. PC 273a(a), PC 273a(b), PC 273d and PC 273ab lead to very different release and sentencing paths. Ask whether any enhancement, such as PC 12022.7 or PC 12022.95, is listed.
3. Make sure the children are safe and cared for. If the arrested person was the caregiver, confirm where the children are and who has them. Keep a record of any contact with child welfare workers.
4. Ask about protective orders right away. Find out whether an emergency protective order or criminal protective order was issued, what it says, and when it expires. Do not help anyone contact a protected person in violation of an order.
5. Plan where the person will stay. If an order bars them from the home, arrange another place to live before release if you can.
6. Get a defense lawyer or public defender involved early. Ask about misdemeanor filing, PC 17(b) reduction, diversion, the reasonable discipline defense and, for non-citizens, immigration consequences.
7. Gather information for the release decision. Judges weigh public safety, the record and the likelihood of returning to court. Proof of stable housing, work, family support, and enrollment in parenting or counseling programs can help the lawyer address those questions.
8. Understand any bail before you sign. If a judge sets money bail and you plan to cosign a bond, read about your role as a bail bond cosigner and what you need to get a bail bond.
9. After release, protect the case. Keep every court date, follow every order and condition, and avoid any new arrest. A missed court date can bring a warrant; see what happens with a failure to appear.

How Bail Hotline Can Help

Everything above this section is written to be useful whether or not you ever call us. This is the one place we talk about ourselves.

Bail Hotline is a family-owned bail bond company that has served California families since 2004. We are licensed through our parent company, DMCG, Inc., with the California Department of Insurance (license #1845394). Reach us 24 hours a day, 7 days a week, at (888) 958-1228.

Arrested for Child Endangerment? This Is Where We Help Most

A child endangerment arrest hits a family in several places at once. The person is in custody, the children may be with someone else, a protective order may already be in place, and the bail schedule for a felony charge can be large. Families often do not know where to start. That is the moment we are built for.

• Jail information quickly, at no charge. Our agents gather inmate information for all jails quickly and at no charge, and every Bail Hotline office holds accounts with the jail systems. We can help you learn where your loved one is held and what they were booked for.
• Ready the moment bail is set. When bail is set, whether from the county schedule or by a magistrate or judge, our dedicated posting agents work around the clock, including nights, weekends and holidays.
• Large bonds are not an automatic no. A felony PC 273a(a) charge can carry a schedule amount of $100,000 in some counties, and some cases involve more than one county. A large, complicated or out-of-county bond is not an automatic no for us.
• Every cosigner is walked through the agreement. The cosigner may be a grandparent, a sibling or the other parent, sometimes while also caring for the children. Before anyone signs, an agent explains what the cosigner is agreeing to and answers questions.
• Warrant walk-throughs. If you think there is an older warrant, or a warrant was issued in this case before an arrest, we walk you through the steps to address it. See also our guide to posting bail on an outstanding warrant.

Every case is different. The court decides, through its bail schedule, a magistrate or a judge, whether, when and on what terms someone arrested for child endangerment is released, and we cannot promise approval, a release time or any result in the case. A bail bond does not change a protective order or a custody order. If the court releases your loved one on their own recognizance or on $0 bail, there may be nothing to post.

After Release: Keeping the Case on Track

• Text court-date reminders. We send text reminders of court dates, because a missed date on a child endangerment case can add a warrant to an already serious situation.
• Signing out of a bond. A cosigner may be able to sign out of a bond that is in good standing, meaning there are no past-due payments and the defendant has not missed court or daily online check-ins. We explain how it works case by case. See our guide to removing a cosigner’s name from a bail bond.

Find more offices in our locations directory, start online with online bail bonds, or read quick answers in our bail FAQ.

Frequently Asked Questions

What is child endangerment in California?

It is a crime under Penal Code 273a. It covers inflicting unjustifiable physical pain or mental suffering on a child, willfully causing or permitting a child to suffer, and, for someone with care or custody of a child, willfully causing or permitting the child to be injured or placed in a dangerous situation. For the indirect forms, the prosecutor must prove criminal negligence, which is more than ordinary carelessness.

Is child endangerment a felony in California?

It can be. PC 273a(a), which applies when the circumstances were likely to produce great bodily harm or death, is a wobbler that can be charged as a felony or a misdemeanor. PC 273a(b) is always a misdemeanor. A felony-level case can be reduced to a misdemeanor at several points under PC 17(b).

What is the sentence for child endangerment in California?

For PC 273a(a), up to one year in county jail, or two, four or six years in state prison. For PC 273a(b), up to six months in county jail, a fine of up to $1,000, or both. Enhancements can add time, including four, five or six years for personally inflicting great bodily injury on a child under 5 and four years when the child dies. If probation is granted, the minimum conditions include 48 months of probation and a year-long treatment program unless the judge waives them.

Does a child have to be hurt for a child endangerment charge?

No. The endangerment branch of PC 273a covers placing a child in a situation where the child’s person or health is endangered, and CALCRIM 821 tells jurors that a child “does not need to actually suffer great bodily harm.” An actual injury can still affect which subdivision is charged, the bail decision and the sentence.

What is the difference between PC 273a and PC 273d?

PC 273a covers a wide range of abuse, neglect and endangerment, including situations where no one touched the child. PC 273d is narrower: it covers willfully inflicting “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.” A PC 273d conviction carries two, four or six years under PC 1170(h) or up to a year in county jail, a fine of up to $6,000, and a 36-month minimum probation period if probation is granted.

Is child endangerment a strike in California?

Not by itself. PC 273a is not named on California’s serious or violent felony lists. A felony in which the defendant personally inflicts great bodily injury is a serious felony, and one with a great bodily injury enhancement charged and proved under PC 12022.7 is a violent felony, so a PC 273a(a) case with that kind of finding can count as a strike.

How much is bail for child endangerment in California?

It depends on the county and the charge, and a judge can change it. In the 2026 schedules reviewed for this guide, felony PC 273a(a) was listed at $100,000 in Orange and San Diego counties and $50,000 in Santa Clara County, while Los Angeles designated it for magistrate review with $0 bail and any conditions set by a magistrate. Misdemeanor PC 273a(b) was $25,000 in San Diego and $10,000 in Santa Clara, and Los Angeles designated it MR as well.

Can I go home or see my children after being released?

Only if no order prevents it. An emergency protective order, a criminal protective order, a family court order or a juvenile court order can limit contact with a child or bar someone from the home, and release on bail does not change any of them. Read every order carefully and ask the defense lawyer before any contact.

Can a child endangerment charge be reduced or dismissed?

Yes, in many cases. The prosecutor can decline to file or file a misdemeanor, the judge can reduce a wobbler under PC 17(b), and some cases qualify for diversion under PC 1001.95 or PC 1001.36. Whether any of these fit depends on the facts, the record and the county.

Can a child endangerment conviction be expunged?

Often, after probation is complete. PC 1203.4 lets the court dismiss the case once the person has fulfilled probation or been discharged early, and PC 273a is not among the offenses the statute excludes. The dismissed conviction can still be “pleaded and proved” in a later prosecution. Separately, a misdemeanor PC 273a conviction on or after January 1, 2023 carries a 10-year firearm ban under PC 29805(d); PC 1203.4 says a dismissal does not by itself allow firearm possession, so ask a lawyer before assuming any restriction has ended.

Why We Publish This

Families often hear the words “child endangerment” for the first time in the middle of a crisis, with a loved one in custody and children who need care that night. The law is broad, the stakes for the family are high, and the rules on bail, protective orders and probation are spread across several codes. We publish this guide so families can read the actual law in plain English and know which questions to ask. This guide is general information, not legal advice. For advice about a specific case, talk to a California criminal defense lawyer or the public defender.

Sources and Further Reading

California statutes (official text)

• Penal Code 273a (child endangerment; minimum probation conditions)
• Penal Code 273.1 (child abuser’s treatment program standards)
• Penal Code 273d (corporal punishment or injury of a child)
• Penal Code 273ab (assault on a child under 8 causing death, coma or paralysis)
• Penal Code 270 (failure to provide for a child)
• Penal Code 17 and Penal Code 19 (wobblers; default misdemeanor punishment)
• Penal Code 12022.7 and Penal Code 12022.95 (great bodily injury and child death enhancements)
• Penal Code 1192.7 and Penal Code 667.5 (serious and violent felony lists)
• Penal Code 1203.1 and Penal Code 1203a (probation length limits and exceptions)
• Penal Code 825 (time to first court appearance)
• Penal Code 1270, Penal Code 1270.1, Penal Code 1275 and Penal Code 1318 (release, bail hearings and release agreements)
• Penal Code 136.2 (criminal protective orders); Penal Code 166 and Penal Code 273.6 (protective order violations)
• Penal Code 1001.95 and Penal Code 1001.36 (misdemeanor and mental health diversion)
• Penal Code 1203.4 (dismissal after probation)
• Penal Code 1016.3 (immigration advice)
• Penal Code 1170.76 (offenses witnessed by a minor)
• Penal Code 11165.3 and Penal Code 11166 (child abuse reporting)
• Penal Code 25100 and Penal Code 25110 (criminal storage of a firearm)
• Penal Code 29800 and Penal Code 29805 (firearm prohibitions)
• Vehicle Code 15620 (child left in a vehicle) and Vehicle Code 23572 (DUI with a child passenger)
• Family Code 6211, Family Code 6250 and Family Code 6256 (domestic violence definition; emergency protective orders)
• Government Code 7282.5 and Government Code 7284.6 (California Values Act limits on immigration holds, notifications and transfers)

Jury instructions and court decisions

• CALCRIM No. 821, CALCRIM No. 823 and CALCRIM No. 3405 (Judicial Council of California Criminal Jury Instructions, 2026 edition)
• People v. Valdez (2002) 27 Cal.4th 778
• In re Humphrey (2021)

2026 county bail schedules

• Los Angeles County Superior Court, Felony Bail Schedule, effective January 1, 2026
• Los Angeles County Superior Court, Misdemeanor Bail Schedule, effective January 1, 2026
• Orange County Superior Court, 2026 Uniform Bail Schedule
• San Diego County Superior Court, Bail Schedule, effective January 1, 2026
• Santa Clara County Superior Court, 2026 Criminal Bail Schedule

Federal law

• 8 U.S.C. 1227 (deportable offenses, including crimes of child abuse, neglect or abandonment)

Updated October 2026. A California guide for people and families dealing with a vandalism accusation, property-damage claim or arrest. Current statutes, the official 2026 criminal jury instructions and relevant published court decisions were checked on October 1, 2026.

Quick answer: California Penal Code 594 defines vandalism as malicious graffiti defacement, damage or destruction of qualifying property. The prosecution must prove the actual conduct and required elements. Damage of $400 or more permits misdemeanor or felony treatment under the ordinary rule; it does not automatically make every case a felony. Special prior convictions and separately charged offenses can change the analysis. Start with the code section on the paperwork, the alleged damage and the current court or custody instructions. A fine, victim restitution and bail serve different purposes.

California Vandalism at a Glance

In this guide: the offense | ownership | classification and penalties | damage proof | aggregation | financial consequences | repairs and cleanup | other sections | court and custody | juvenile cases | family checklist | Bail Hotline help | FAQ.

What Is Malicious Mischief Under PC 594?

“Malicious Mischief” is the heading for Penal Code provisions covering different property-related conduct. Those provisions do not all have the same elements or punishment. This guide focuses on Penal Code 594, the ordinary vandalism offense, with a few related distinctions that help readers understand their paperwork.

Section 594 covers three forms of conduct: defacing property with graffiti or other inscribed material, damaging it, or destroying it. The property can be real property, such as a building, or personal property, such as an item or vehicle. Do not assume that only spray-painted walls are relevant.

Malice is a legal requirement

Penal Code 7 and CALCRIM 2900 in the official 2026 instruction book explain malice. It includes intentionally doing a wrongful act or acting with the unlawful intent to annoy or injure someone. The prosecution need not prove personal hatred toward a particular owner.

An accident is not automatically malicious vandalism. An accusation also does not prove who performed the act or establish every required circumstance. Give counsel an accurate account of what happened and the available evidence. A description such as “a joke,” “a protest” or “an accident” needs examination against the actual facts rather than being treated as an automatic conviction or defense.

Defacement does not have to be permanent

The current instruction explains that defacement need not be permanent. Section 594’s graffiti definition includes unauthorized inscriptions, words, figures, marks or designs written, etched, scratched, drawn or painted on property. The ability to remove a mark does not by itself settle whether the charged conduct meets the offense.

Preserve evidence of the surface, markings and condition rather than guessing from a short description. The alleged act, malice, property interest and damage proof remain separate questions. Counsel can explain which matters the prosecution must prove in the actual count.

What If You Own or Share the Property?

The ownership element in CALCRIM 2900 includes property the defendant did not own and property owned with someone else. Shared ownership is not automatic immunity from a vandalism charge. The instruction’s bench notes address jointly owned and marital property.

That distinction matters when the damaged item is in a shared home or someone says, “I paid for it too.” Gather the relevant title, agreement or other ownership information. Explain who had an interest in the item and what actually happened. Do not mechanically cut an alleged damage amount in half because one person claims a half share.

The instruction also explains that an owner’s lack of permission is not a separate additional element of every vandalism charge. That does not make permission irrelevant to the facts: the graffiti definition includes unauthorized markings, and the alleged wrongful conduct still must be examined. Avoid replacing the full legal analysis with a single question about whether someone verbally objected.

Questions about wholly owned property, a shared interest or another applicable offense belong with counsel. This guide does not decide a title dispute or say that destroying something described as “mine” can never violate another law.

Is PC 594 Vandalism a Misdemeanor or Felony?

The ordinary damage threshold is $400 or more

Under 594(b), damage below $400 ordinarily falls within the misdemeanor provision. Damage $400 or more permits misdemeanor or felony treatment. That includes exactly $400. The filed charge, applicable procedure and any qualifying additional allegation matter.

Penal Code 17 supplies the felony/misdemeanor framework and reduction mechanisms. A higher-value allegation does not establish that every case will be filed, resolved or sentenced as a felony.

Ordinary statutory consequences

The table describes the ordinary PC 594 provisions checked October 1, 2026. It is not a predicted sentence or a total financial bill. The county-jail maximum reflects Penal Code 18.5(a), which caps covered statutory one-year county-jail maxima at 364 days.

Section 594 allows the specified fine, imprisonment, or both. These ordinary provisions do not impose a universal minimum year in custody. Other counts, prior-record provisions and lawful dispositions require separate consideration.

For a felony punishable under 1170(h), the unspecified term is ordinarily 16 months, two years or three years in county jail. That subdivision includes state-prison exceptions and preserves other authorized dispositions. Do not turn that framework into a universal state-prison sentence or a promise of probation.

A special prior-conviction provision can change the ordinary rule

Penal Code 594.7 addresses two separate prior PC 594 convictions for graffiti or other inscribed-material defacement, incarceration for at least one, and a subsequent PC 594 conviction. It provides a different county-jail or state-prison punishment route notwithstanding 594(b).

That is why “the damage was below $400” is not a complete analysis where this special provision applies. Conversely, the ordinary lower-value prior provision that raises a fine ceiling does not automatically make every repeat offense a felony. Have counsel identify the actual prior allegation rather than treating all prior records alike.

How Is the Damage Amount Proved?

The value issue concerns the alleged defacement, damage or destruction. A headline price for the entire asset does not automatically establish the amount caused by the particular conduct. Useful evidence can concern the affected area, materials, labor, repair or removal work and how an estimate was prepared.

CALCRIM 2901 addresses the $400 allegation and, where applicable, the $10,000 allegation. It places the burden on the prosecution to prove the damage allegation beyond a reasonable doubt. The instruction appears on printed page 1962 of the 2026 edition.

A real case: the estimate needs a connection to the damage

In In re Kyle T., decided March 13, 2017, a juvenile vandalism finding relied on a generic per-incident graffiti-removal figure. The appellate court found insufficient individualized evidence that the actual damage reached the $400 felony threshold and ordered the felony count reduced to a misdemeanor, with a new disposition.

The court did not require completed repairs in every prosecution. A properly supported contractor estimate tied to the actual damage could have supplied evidence. The problem was the unexplained, non-case-specific figure on that record. Its discussion also distinguished criminal damage proof from restitution procedures.

The practical lesson is to examine the evidence supporting the alleged amount. It is not a rule that every estimate is invalid, every municipal figure is sufficient, or a disputed amount requires dismissal of the entire case.

Can Damage to Different Items Be Added Together?

Aggregation is a legal issue, not simply adding every number mentioned in a report. Current CALCRIM 2901 discusses combining damage from acts that arise from a single general impulse, intention or plan. Separate and distinct acts require appropriate analysis.

In People v. Carrasco, decided September 25, 2012, damage to a house window and a car arose from a single episode directed at a mother’s refusal to let the defendant inside. Different people owned the house and car. The court upheld aggregation under the single-impulse rule; different victims did not automatically prevent it.

That decision does not mean every act during the same evening must be combined. Keep the incident chronology, affected items, ownership and claimed work organized. Counsel can examine the count structure and evidence connecting the acts. Do not assume either that splitting a bill changes the charge or that unrelated claims all belong in one total.

Damage Value, Fines, Restitution and Bail Are Different

Several amounts may appear in the same case. Labeling them correctly helps a family understand what a payment or document accomplishes.

Penal Code 1202.4 distinguishes a restitution fine from restitution to a victim. Its property-loss provisions address replacement cost of like property or actual repair cost when repair is possible, and it provides a hearing to dispute the restitution amount. The PC 594 fine ceiling is not a ceiling on all financial consequences.

The amount used for a criminal damage allegation and the restitution determination involve their applicable proof and procedures. A statement prepared for one purpose should not automatically be treated as the final answer for another.

Keep agreements, receipts and court orders in separate categories. For the commercial-bond side, the California bail cost guide explains the relevant payments without treating a bond premium as victim compensation or a criminal fine.

What About Repairing the Damage or Cleaning Graffiti?

PC 594(c) provides that, for graffiti convictions, the court shall order the specified cleanup, repair, replacement or graffiti-free maintenance when appropriate and feasible. It also addresses parent participation exceptions and consideration of other feasible community service when graffiti cleanup is inappropriate. Counseling can be ordered in the stated context.

These are qualified consequences, not proof that everyone receives the same cleanup assignment. Confirm the property, permitted work, supervision, schedule and completion record in the actual order.

If you want to make repairs before the case is resolved, discuss the plan with counsel. Preserve an accurate record of the condition and work. Follow any contact, stay-away or access restrictions. A family’s intention to help should not be treated as permission to enter someone else’s property or alter evidence without appropriate guidance.

Making a payment or completing a repair does not itself establish that a criminal count has been dismissed. The California Courts sentencing guide explains the court’s role after a plea or guilty finding. Keep actual case-status confirmation separate from proof that work was performed.

Check for a Different or Additional Charge

The original phrase “malicious mischief” can cover statutes with different requirements. Read the section on the citation or complaint rather than applying the PC 594 table to every property incident.

A church or cemetery location does not by itself establish every hate-crime allegation. Likewise, a low amount or possession of a marker does not supply the full analysis of the charged section. Counsel can address the actual count and supporting evidence.

What Happens After a Citation or Arrest?

Identify the actual case and response instructions

Keep the citation, case number and court information. If charges are filed, obtain the complaint or other charging document. The California Courts charging overview explains that a complaint identifies the offenses and when they allegedly occurred.

At arraignment, the defendant learns the charges and rights, and the court addresses the next steps. A person facing a misdemeanor or felony who cannot afford counsel can raise that need with the court, as explained in the criminal-court guide.

Confirm each appearance, response deadline and release condition from the actual paperwork. Contact counsel or the appropriate court office if a date or instruction is unclear. A payment receipt or private agreement does not replace a required appearance or court order.

If someone is held, confirm the current release terms

Gather the name, arresting agency, custody location and information already available. Ask what case the listed bail or order covers and whether another matter affects release. A booking label does not answer the full release question.

Penal Code 1269b describes authorized bail acceptance through the applicable warrant, schedule or court process. There is no single vandalism bail amount for every California arrest. Use the current case requirement rather than an undated example from another county.

When a commercial bond is the appropriate route, the beginner’s guide explains the separate agreement. Bond delivery, acceptance and physical release are also different stages. The release-processing guide helps families ask what remains instead of relying on a promised number of hours.

If the Person Accused Is Under 18

Verify which court and process are handling the matter. The California Courts juvenile-justice process guide explains the detention or initial hearing: the youth receives legal help, learns the allegations, and the judge decides whether custody continues or the youth stays at home. The guide expressly distinguishes this from adult bail.

Parents should keep the notice or petition, obtain the hearing information and work with the youth’s lawyer. Do not apply the adult bail table or sentencing summary automatically to a juvenile proceeding.

PC 594 also contains qualified parent-related provisions. For example, subsection (d) addresses a minor unable to pay the fine and a parent’s potential liability, with a good-cause waiver possibility. Cleanup participation has its own exceptions. These provisions do not mean every parent automatically owes every amount mentioned in a case. Ask counsel about the actual order and applicable process.

What Families Should Do

1. Confirm the situation. Identify whether there is a citation, adult custody matter or juvenile case, and where it is being handled.
2. Keep the actual allegations. Save the section, complaint or petition and any additional count or prior allegation.
3. Organize the property information. Identify the affected item, claimed ownership and actual condition without assuming that a label settles the legal question.
4. Preserve accurate damage records. Keep available photographs, descriptions, estimates, receipts and the chronology. Give counsel the complete information.
5. Separate the amounts. Distinguish damage proof, fines, restitution, bail and any bond agreement.
6. Track instructions and conditions. Record court dates, permitted contact, access restrictions and any ordered work.
7. Coordinate lawful help. Discuss repairs and communications with counsel, confirm release information where relevant and keep completion records.

If an expected court notice has not arrived or information conflicts, raise that specific question promptly. An organized family summary makes it easier to identify what is known and what still requires a decision. Avoid public accusations or promises about a case’s outcome while trying to resolve the immediate problem.

In Their Words: Damage Is an Allegation to Be Proved

CALCRIM 2901 states:

The People have the burden of proving this allegation beyond a reasonable doubt.

The current official instruction, printed page 1962, concerns the damage-amount allegation. It helps explain why an estimate or a short booking description should be examined within the applicable proof process.

How Bail Hotline Can Help After a Vandalism Arrest

Everything above this section is written to be useful whether or not you ever call us. This is the one place we talk about ourselves.

Bail Hotline is family-owned and has helped California families since 2004. We are licensed through our parent company, DMCG, Inc., with the California Department of Insurance, license #1845394. Our agents answer 24 hours a day, seven days a week at (888) 958-1228.

When the family needs a clear custody picture

A vandalism arrest can leave a family trying to locate someone while sorting through a damage claim and unfamiliar court papers. You can call for available jail information without a charge, even if you are not a client or are not ready to purchase a bond. We help you understand the custody information and the next practical bond question.

If the actual release terms require a commercial bond, we explain that transaction and walk every cosigner through the agreement before signing. We discuss approved payment arrangements, contributions from relatives and available remote arrangements so the family can organize help with a clear understanding of each person’s role.

Our dedicated posting agents are available around the clock. A large, complicated or out-of-county bond is not an automatic no. Tell us the custody location and what information is available so we can address the particular requirements.

Keeping the court plan organized after release

Our clients receive text court-date reminders. If a missed date needs attention, we provide warrant walk-through assistance for the authorized next steps alongside the defendant’s legal help. Contact us promptly about a problem so we can explain the bond’s status and our part in the process.

The lawyer handles the legal defense, damage evidence and court requests. Keep any cleanup, restitution or contact order with the next hearing information. A juvenile matter follows its own court process; a family should confirm that process with the youth’s lawyer rather than assume an adult bond is required.

Every case is different. The judge makes the final decision on matters before the court, and we cannot promise an outcome or a release time. Willful conduct is treated differently from an honest mistake; the actual facts and required process matter.

Find a relevant California office

Call before traveling to confirm arrangements. For another area, use our locations directory. Our bail FAQ addresses general bond questions.

Frequently Asked Questions

Is malicious mischief the same as vandalism?

Vandalism under PC 594 is part of the Penal Code’s broader Malicious Mischief title. The title includes different offenses with different requirements. Identify the actual charged section before using a punishment or release summary.

Is damage of exactly $400 enough for the higher-value rule?

Yes. The ordinary PC 594 rule uses $400 or more, not only amounts above $400. The allegation must be proved, and that threshold does not automatically determine the final classification or sentence.

Is damage below $400 always a misdemeanor?

It ordinarily falls within 594(b)’s misdemeanor provision, but the analysis can change under special prior provisions such as Penal Code 594.7 or another charged statute. Have counsel review the full allegations rather than relying only on the amount.

Can removable graffiti still be vandalism?

Yes. The current instruction explains that defacement need not be permanent. The actual conduct, malice, property and applicable damage allegation still matter. Being able to remove a mark does not automatically decide the case.

What if the damaged property belongs partly to me?

Shared ownership is included in the vandalism instruction. It is not an automatic defense or a reason to mechanically halve damage. Preserve ownership records and discuss the actual property interest and conduct with counsel.

Does an accident count as malicious vandalism?

An accident is not automatically malicious conduct. The required mental state and facts must be examined. A person should give counsel an accurate account rather than assume that either an accusation or an informal explanation settles every element.

Does every conviction require a year in jail?

No. The ordinary statute provides possible punishment, not a universal minimum year. The covered misdemeanor maximum is 364 days under Penal Code 18.5; felony and special-prior provisions have their own framework. The actual disposition requires case-specific analysis.

Will paying for repairs automatically dismiss the charge?

Do not assume it will. Repair work, victim restitution and the criminal proceeding are separate matters. Coordinate lawful steps with counsel and confirm the actual court status and orders.

Is possessing a spray can or marker automatically a crime?

The specified possession offense under Penal Code 594.2 requires intent to commit vandalism or graffiti. Mere ordinary possession is not enough for that stated offense. Other allegations or restrictions need their own analysis.

Can a parent buy an adult bail bond for a juvenile case?

Do not apply the adult bail process automatically. California Courts explains that juvenile detention decisions follow a different process without adult bail. Verify the actual court handling the matter and work with the youth’s lawyer.

Is there one statewide vandalism bail amount?

No. The applicable warrant, schedule or court order and actual case information matter. Confirm the current release terms and any separate custody issue rather than using an old county example as today’s amount.

Why We Publish This

A short vandalism label can leave a family unsure about the alleged conduct, the dollar amount, a custody question and the next court obligation. This guide connects those issues to the actual section and records so the family can ask useful questions and arrange lawful help.

This is general California information, not legal advice about an individual incident, charge, property dispute or restitution order. The offense date, applicable law and case facts matter. Obtain legal help for the actual case, and confirm current instructions with the responsible court or agency.

Sources and Further Reading

Statutes and instructions

• Penal Code sections 7, 17, 18.5, 594, 594.2, 594.3, 594.7, 640.5, 640.6, 1170, 1202.4 and 1269b, linked above.
• Judicial Council CALCRIM 2026: instruction 2900, printed pages 1959-1961, and instruction 2901, printed page 1962. The edition is March 2026; the instructions retain their respective 2019 and 2016 internal revisions.

Published decisions and court guidance

• In re Kyle T. (2017): individualized damage proof and the difference from restitution procedures.
• People v. Carrasco (2012): qualified aggregation across affected property.
• The California Courts charging, arraignment, criminal-court, sentencing and juvenile-process guidance linked above.