Cal. Codes » Penal Code

Cal. Penal Code § 18.5

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(a)Every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days. This section shall apply retroactively, whether or not the case was final as of January 1, 2015.

(b)A person who was sentenced to a term of one year in county jail prior to January 1, 2015, may submit an application before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term specified in subdivision (a).

Notes of Decisions
Cited in 13 cases (9 in the last 5 years), 2017–2026 · leading case: Eduardo Velasquez-Rios v. William Barr
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Eduardo Velasquez-Rios v. William Barr (2020) ca9 · cites it 4× “Meanwhile, on January 1, 2015, the California legislature enacted California Penal Code § 18.5, which reduced the maximum jail sentences for misdemeanor convictions from “up to or not exceeding one year” to “a period not to exceed 364 days.”
VELASQUEZ-RIOS (2018) bia “” Cal. Penal Code § 18.5 (a) (West 2018) (effective January 1, 2017).”
Peguero Vasquez v. Garland (2023) ca2 “(quoting CAL. PENAL CODE § 18.5(a)). The petitioner argued, much like Peguero Vasquez, that the amendment to the state’s criminal law removed his conviction as an obstacle to immigration relief.”
Agustin Cornejo Magana v. Merrick Garland (2023) ca9 · cites it 5× “In 2015, the California legislature enacted California Penal Code § 18.5, which reduced the maximum jail sentences for misdemeanor convictions, including Petitioner’s forgery conviction, from “up to or not exceeding one year” to “a period not to exceed 364 days.”
Eduardo Velasquez-Rios v. Robert Wilkinson (2021) ca9 · cites it 4× “Meanwhile, on January 1, 2015, the California legislature enacted California Penal Code § 18.5, which reduced the maximum jail sentences for misdemeanor convictions from “up to or not exceeding one year” to “a period not to exceed 364 days.”
Hugo Jimenez-Morales v. Merrick Garland (2023) ca9 · cites it 3× “” Cal. Penal Code § 18.5 (2015). Two years later, effective January 1, 2017, the California legislature amended § 18.”
Celia Heredia-Guzman v. Merrick Garland (2023) ca9 · cites it 3× “On January 1, 2015, the California legislature enacted California Penal Code § 18.5, which reduced the maximum jail sentences for misdemeanor convictions from “up to or not exceeding one year” to “a period not to exceed 364 days.”
Estefania Salgado Estrada v. Merrick Garland (2022) ca9 · cites it 2× “California Penal Code § 18.5. An alien is ineligible for cancellation of removal if she is convicted of a crime of moral turpitude and “is convicted of a crime for which a sentence of one year or longer may be imposed.”
People v. Faber (2017) calctapp “12 12 Because a “year” is defined for sentencing purposes as 364 days (Pen. Code, § 18.5, subd. (a)), and defendant was convicted of 13 counts, the maximum possible sentence was 13 days less than 13 actual years.”
Sylvia Ocampo-Ortiz v. Merrick Garland (2021) ca9 “Penal Code § 18.5 . Ocampo’s misdemeanor conviction was entered in 2017, so the maximum sentence available was 364 days.”
People v. Faber (2017) calsuperct “) Because a "year" is defined for sentencing purposes as 364 days (Pen. Code, § 18.5, subd. (a) ), and defendant was convicted of 13 counts, the maximum possible sentence was 13 days less than 13 actual years.”
Saul Aranda Hurtado v. Pamela Bondi (2026) ca9 “We have held that California’s retroactive amendment to the maximum sentences for misdemeanor convictions, see Cal. Penal Code § 18.5 , does not change the analysis of what a possible sentence could have been at the time of conviction for immigration purposes.”
Show all 13 citing cases →
— Cal. Penal Code § 18.5(a) — 1 case
Peguero Vasquez v. Garland (2023) ca2 “(quoting CAL. PENAL CODE § 18.5(a)). The petitioner argued, much like Peguero Vasquez, that the amendment to the state’s criminal law removed his conviction as an obstacle to immigration relief.”
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