California Codes
Cal. Penal Code § 18 (2026)
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✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170.
(b)Every offense which is prescribed by any law of the state to be a felony punishable by imprisonment or by a fine, but without an alternate sentence to the county jail for a period not exceeding one year, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.
Notes of Decisions
Cited in 110
cases (12 in the last 5 years), 1944–2026 · leading case: People v. Williams, 948 P.2d 429 (Cal. 1998).
People v. Williams, 948 P.2d 429 (Cal. 1998). “(a); Pen. Code, § 18.) But for a conviction of the felony of driving under the influence within the scheme, if there was one prior serious and/or violent felony conviction, the term of imprisonment was twice the term of imprisonment otherwise provided (Pen.”
People v. Superior Court (Romero), 917 P.2d 628 (Cal. 1996). “; Pen. Code, § 18). The three prior felonies for which defendant served prison terms within the last five years, unless stricken pursuant to section 1385, would result in three consecutive one-year *507 enhancements added to the base term for possession of a controlled substance.”
People v. Raybon, 492 P.3d 937 (Cal. 2021). “(Pen. Code, § 18.) Section 4573.6, meanwhile, was recast as a prohibition on the possession of controlled substances, punishable by a steeper triad of penalties: two, three, or four years in state prison.”
Noe Medina-Rodriguez v. William Barr, 979 F.3d 738 (9th Cir. 2020). “Cal. Penal Code § 18 (in effect prior to October 1, 2011).”
People v. Eric J., 601 P.2d 549 (Cal. 1979). “) Second degree burglary is punishable "by imprisonment in the county jail not exceeding one year or in the state prison.”
Michael M. v. Superior Court of Sonoma Cnty., 450 U.S. 464 (1981). “1981) with Cal. Penal Code Ann. §§ 18, 264 (West Supp.”
People v. Rodriguez, 795 P.2d 783 (Cal. 1990). “(Pen. Code, §§ 18, 461, subd. 2.) The Court of Appeal held that the grounds for revocation of probation must be established by clear and convincing evidence.”
People v. Garcia, 976 P.2d 831 (Cal. 1999). “(a); Pen.Code, § 18) plus three consecutive one-year enhancements for prior prison terms (§ 667.”
People v. Stephon L., 181 Cal. App. 4th 1227 (Cal. Ct. App. 2010). “The juvenile court found the concealed weapon possession offense to be a felony, set the maximum period of physical confinement at three years (Pen. Code, §§18, 12101, subd. (c)(1)(C); Welf.”
O'CONNELL v. City of Stockton, 162 P.3d 583 (Cal. 2007). “Code, § 11350; Pen.Code, § 18.) It is difficult to conclude that the Legislature intended to deprive a person of freedom for simple possession, but intended to protect an automobile from forfeiture in only very serious cases of drug manufacture and sale.”
Leandro Andrade v. Attorney Gen. of the State of California Ernest B. Roe, 270 F.3d 743 (9th Cir. 2001). “Petty theft with a prior is a so-called “wobbler” offense, punishable either as a misdemean- or with up to one year in county jail or as a felony with up to three years in state prison.”
United States v. Moses Corona-Sanchez, 291 F.3d 1201 (9th Cir. 2002). “In *1214 turn, Cal.Penal Code § 18 provides that any offense punishable by imprisonment in a state prison is punishable by imprisonment for 16 months, or two or three years.”
Cal. Penal Code § 18(a): 1 case
Chuen Piu Kwong v. Holder, 671 F.3d 872 (9th Cir. 2011).
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