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Your San Diego Criminal Defense Attorney
Understanding a California criminal charge starts with a real distinction: the state’s deadline to file depends on the offense class, and some of the most serious crimes carry no deadline at all. How a charge gets classified as a felony, a misdemeanor, or a wobbler is covered further down this page.
What a California Criminal Charge Involves
A crime that can be charged as either a felony or a misdemeanor in California, a “wobbler” under Penal Code § 17(b), is charged based on the specifics of the offense and the person’s record, not a fixed rule.
The Clock On a California Criminal Case
Under Penal Code §§800-802, most felonies punishable by 8 or more years get a 6-year deadline, other felonies get 3 years, and misdemeanors get 1 year; crimes punishable by death or life imprisonment, under §799, have no deadline at all. These deadlines govern only when the state can file a charge in the first place; they don’t limit how long a case can then take to work through the court system once filed.
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Cash Bail, Prop 25, and What Changed
In 2018, the legislature passed SB 10 to eliminate money bail; California voters overturned it at the ballot box via Prop 25 in 2020, leaving cash bail on the books. This is a real example of how a rule can exist on paper differently from how it’s actually enforced: cash bail is still the law, but a court applying it without an ability-to-pay inquiry is not following current California constitutional requirements.
California's Three Strikes Law and Sentencing Exposure
Whether a charge is a straight felony, a straight misdemeanor, or a wobbler under § 17(b) is often the single biggest factor in how much exposure a California case actually carries. AB 109’s 2011 realignment, plus Prop 47’s 2014 reclassification of many theft and drug felonies to misdemeanors, both changed where and how long a California sentence is actually served for lower-level offenses.
What a California DUI Charge Actually Involves
A fourth DUI within the 10-year lookback window under § 23152 can be charged as a felony rather than a misdemeanor, a real escalation most first-time defendants don’t expect. A first-offense DUI carries fines generally between $390 and $1,000, up to 6 months in county jail (though courts often impose probation instead for a first offense), a 3- or 9-month DUI program, and a 6-month license suspension.
Expungement and Automatic Sealing in California
The traditional route, a § 1203.4 petition, doesn’t erase a California conviction, but it changes its legal status to a dismissal and restores certain rights. Misdemeanor convictions and arrests that never led to a conviction generally become eligible for automatic sealing sooner than felony convictions do under the Clean Slate Act’s tiered timeline.
Facing a Charge Connected to San Diego
California’s criminal laws don’t vary by city; a case involving San Diego follows the same filing-deadline, bail, and sentencing rules as anywhere else in the state.
How To Start Building Your San Diego Defense
With California’s filing deadlines, bail rules, and sentencing framework all in play, an attorney familiar with San Diego and the surrounding courts can help make sure nothing gets missed. Fill out the form on this page to get connected with a criminal defense attorney who can review the details of your situation.
Also serving: our Chula Vista page, our coverage in Carlsbad, our coverage in Irvine.
Frequently Asked Questions
How long does California have to file criminal charges?
It depends on the offense: Penal Code §§800-802 give the state 6 years for felonies punishable by 8+ years, 3 years for other felonies, and 1 year for misdemeanors. The offense’s classification at the time of filing is what determines which deadline tier applies, not how it’s ultimately resolved.
Is cash bail still used in California?
Yes: voters rejected SB 10’s attempt to eliminate cash bail via Proposition 25 in 2020, so cash bail remains the law in California. A court still has to consider whether a less restrictive, non-monetary condition would work before defaulting to a cash amount.
How strict are California’s DUI penalties?
They escalate quickly: a first offense generally means probation, fines, and a license suspension, but a second offense within 10 years brings mandatory jail time. The DUI program requirement runs 3-9 months for a first offense and 18-30 months for a second.
Can a California criminal record be cleared later?
Often, yes: Penal Code § 1203.4 allows a petition-based dismissal for many eligible convictions, and since October 2024 the Clean Slate Act adds automatic sealing on top of that. Eligibility for either route depends on the specific offense and, for § 1203.4, on completing probation successfully first.
What court handles criminal cases near San Diego?
The Superior Court of California, County of San Diego is where a San Diego-connected criminal case would typically be filed, the same unified Superior Court structure every California county has used since 1998. The case itself is prosecuted by the San Diego County District Attorney’s Office, a separate agency from the court that hears it.
Don't Wait Until the Deadline Is the Only Option Left
Whether a charge ends up a wobbler, a straight felony, or a straight misdemeanor connected to San Diego often depends on decisions made early, not just the underlying facts. California’s framework removes some procedural friction in places, but not the underlying work of building a real defense, and that work benefits most from an early start.
