First Degree Felony in California

First-degree felonies are among the most serious crimes in the United States. They are the highest felonies, typically involving crimes that severely harm the victims. However, unlike some U.S. states, California does not classify felonies into a tiered system, such as first-degree, second-degree, Class A, or Class B. Notwithstanding, the term “first-degree" is used for specific crimes with distinct severity levels.

§17(a) of the California Penal Code classifies felonies as crimes punishable by death or imprisonment in local jails or state penitentiaries. In California, felony crimes are “straight felonies” or “wobblers”. A wobbler is a crime that may be charged as a felony or a misdemeanor.

Under California's Penal Code, straight felonies (similar to first-degree felonies in some states) include:

• Murder (willful, deliberate, and premeditated killing)
• Burglary (entering an "inhabited" dwelling with the intent to commit a theft or another felony)
• Rape
• Kidnapping
• Robbery.

The penalties for felonies in California depend on the types of crimes, the harm to the victims, and the courts' discretion.

Public Access to First Degree Felony Records in California

California does not use tiered classifications to designate felonies. However, under California's system, first-degree felonies are within the category of straight felonies. Per the California Public Records Act, criminal case files are publicly accessible. Hence, interested individuals may access felony records in California. Nonetheless, there are limitations to public access to the documents. California's first-degree felony records are not publicly disclosable if they are sealed or relate to juveniles or ongoing investigations.

Most California County Superior Courts offer online portals for accessing court records, where information seekers may find publicly available court documents for free or access certified copies at a cost. Additionally, information about first-degree felonies from the California Court of Appeals or the California Supreme Court may be accessible through the California Appellate Courts Case Information Portal.

In addition, record seekers may email or visit the clerk's offices of the Superior Court that handled the specific felony case trial and request access to their case records. Furthermore, the California Department of Justice provides background checks to eligible individuals through its Criminal Records Live Scan fingerprinting system.

Individuals may also search for California first-degree felony case records online through third-party websites with databases on California’s judicial records. These non-official platforms aggregate court-related documents from courts across the state and make them available to interested individuals for fees.

Common Crimes Classified as First Degree Felonies in California

The severity of some crimes in California makes them comparable to first-degree felonies in states like Texas and Florida. Crimes such as murder, rape, and aggravated assault carry similar penalties for first-degree felonies.

In California, straight felonies fall within the same category as first-degree felonies. This applies to crimes that may only be prosecuted as felonies due to their harshness; they carry more severe penalties than other crime types. Convicts of straight felonies usually serve 25-to-life in State prisons. In comparison, wobblers are crimes that may be charged as felonies or misdemeanors (depending on the offender’s criminal history).

Straight felonies that may qualify as first-degree felonies in California include:

• Murder
• Rape
• Kidnapping
• Lewd acts with a minor under 14
• Arson
• Voluntary manslaughter
• Robbery.

According to a July 1, 2025, release by the California Attorney General, there were 188,146 crime incidents in California in 2024. This figure is 8.21% higher than the number of reported cases in 2023, and includes the following numbers for some comparable first-degree felonies:

• Homicide -1,666
• Rape - 13,874
• Robbery - 46,141
• Aggravated assault - 126,465
• Arson - 7,421.

While California does not classify felony crimes on a tiered system, some felony crimes are comparable to first-degree felonies in other states.

Prison Sentences and Fines for First Degree Felonies in California

California uses determinate sentencing law (DSL) for most felony crimes. The DSL sets three possible terms for sentencing (lower term, middle term, and upper term), and judges determine which is suitable for a specific crime. Instead of a sentencing range (for instance, 5 to 99 years in prison), the judge has the discretion to choose one of the three terms depending on the specifics of the crime.

By default, under the California Determinate Sentencing Law, a judge must impose the middle term sentencing unless mitigating factors justify a lower or upper term. For example, having no previous criminal record, acting under duress, or playing a minor role in a felony crime may result in lower term sentencing. Likewise, a judge may impose an upper term sentencing for the use of weapons during a crime, having a lengthy criminal history, participating in gang-related crimes, or causing significant bodily injuries.

Additionally, a judge may add extra years to extend the defendant's term for specific aggravating factors. For instance, a judge may impose a 25-year-to-life imprisonment for two or more previous convictions under the California Three Strike Law.

Typically, unless there are aggravating factors, the following sentencing range triads apply to the listed straight felonies:

• Robbery (first degree) - 3, 4, or 6 years (Penal Code § 213)
• Burglary (first degree) - 2, 4, or 6 years (Penal Code § 461)
• Rape (by force) - 3, 6, or 8 years (Penal Code § 264).
• Mayhem - 2, 4, or 8 years (Penal Code § 204)
• Aggravated mayhem - life without possibility of parole (Penal Code § 205)
• Assault with a firearm - 2, 3, or 4 years (Penal Code § 245(a)(2))
• First-degree murder - 25 years to life without the possibility of parole (LWOP), or death penalty under exceptional circumstances (Penal Code § 189 & § 190)
• Second-degree murder - 15 years to life. If the victim is a peace officer, the sentence may be elevated to 25 years to life, LWOP, or the death penalty.

What is the Maximum Sentence for a First Degree Felony in California?

Under California laws, the absolute maximum sentence for a first-degree felony is the death penalty. In California, the trial system applies the Determinate Law, which states that the punishment for felonies is based on a lower, middle, and upper term triad. Each crime has a specific sentencing range. However, enhancements such as the use of deadly weapons or repeat offenses may elevate the sentence for specific crimes. Furthermore, more serious crimes, such as aggravated mayhem and murder, may result in lifetime prison terms or capital punishment.

What is First Degree Murder in California?

According to California Penal Code § 189, a first-degree murder is the premeditated, deliberate, willful, and unlawful killing of a human being (or that of a fetus). While California does not apply the tiered classification system for felony crimes, murder is one of the most extreme crimes in California and under the U.S. legal system; it is comparable to a first-degree felony in states like Texas and Florida, and attracts the harshest penalties under California's criminal trial laws.

In California, a murder crime may result in lifetime imprisonment, and, unlike other crimes, under special circumstances, it may lead to the death penalty.

Typically, the sentencing range for murder in California is 15 years to life for a second-degree murder and 25 years to life for a first-degree (in some cases without possibility of parole), but may attract the death penalty if:

• The victim is a peace officer, firefighter, judge, prosecutor, elected official, or juror in the performance of their duties
• It involves the killing of a witness to prevent testimony or in retaliation
• The murder is motive-based. For instance, killing for financial gains, to avoid prosecution or escape custody, further the activities of street gangs, or is a hate crime murder
• The perpetrator is a serial killer
• The murder occurs when committing a felony crime. For example, during:
  • Robbery
  • Burglary
  • Rape
  • Carjacking
  • Mayhem
  • Arson.

Can First Degree Felony Records Be Sealed or Expunged in California?

The sealing or expungement of first-degree felony records in California depends on the type of Offense. California Penal Code § 1203.4 allows for dismissal of lower felony and misdemeanor convictions after completion of probation. However, this does not include murder and serious crimes, such as aggravated mayhem, lewd acts with a minor, and rape. Additionally, conviction records for first-degree felonies that undergo “Public Safety Realignment” are not eligible for expunction.

A California first-degree felony record may be eligible for sealing or expungement if:

• The underlying arrest does not result in a conviction (Penal Code § 851.91)
• The owner of the record was a juvenile at the time of the crime, and the record qualifies for expunction under the California Welfare & Institutions Code § 781. However, juvenile crimes like murder and certain sex offenses are not sealable or expungeable.

Difference Between First Degree and Second Degree Felonies in California

California does not classify felonies by the tiered system. Rather, a felony crime in California is either a “straight felony” or a “wobbler”. However, first and second-degree felonies in California fall within the category of straight felonies.

However, a crime like murder is divided into first and second degrees, while other crimes may have “simple” and “aggravated” forms. For instance, California Penal Codes § 187 & § 189 distinguish between first-degree and second-degree murder.

California defines first-degree murder as a deliberate and premeditated killing of a human or fetus by:

• Lying in wait
• Poisoning
• Use of explosives or destructive devices
• Torture
• Armor-piercing ammunition, drive-by shooting, or weapons of mass destruction.

Furthermore, first-degree murder also includes killings during felony crimes, such as:

• robbery
• Burglary
• Rape
• Kidnapping
• Arson
• Mayhem
• Carjacking.

By comparison, a second-degree murder in California is the unlawful killing with malice aforethought, but without premeditation or qualifying circumstances of first-degree murder.

First-degree crimes are the aggravated forms of various felony offenses, carrying harsher penalties. The table outlines the sentencing range for some common first-degree felonies in California.

Statute of Limitations for First Degree Felony Charges in California

The statute of limitations for first-degree felonies in California is the timeframe for prosecutors to file criminal charges against individuals who commit first-degree offenses.

In California, the statute of limitations for a first-degree felony depends on the type of crime. For instance, felonies such as murder and serious sex crimes, such as aggravated rape and child rape, have no statute of limitations. For other felony crimes, different statutes of limitations may apply.

Probation and Parole Eligibility for First Degree Felonies in California

California treats violent crimes seriously, and whether an offender gets a probation instead of a prison term, or qualifies for parole after imprisonment, depends on the severity of the crime.

In California, most first-degree felony type crimes are probation-barred. Per Sections 1203.06, 1203.075, and 1203.08 of the California Penal Code, perpetrators of the following crimes cannot receive probation:

• Murder
• Rape
• Burglary of the first degree
• Kidnapping for ransom or robbery
• Robbery with firearm use
• Aggravated mayhem
• Torture
• Treason.

For crimes where probation is not prohibited, granting probation is at the discretion of the judge. Additionally, weapon use causing bodily injuries, and previous convictions limit the chances of probation.

Parole eligibility in California depends on the type of sentencing.

Indeterminate Sentencing

California uses indeterminate sentencing, but typically only for the most serious crimes. For an indeterminate sentence, the convict becomes eligible for parole after serving the minimum term of the sentencing range. For instance, an individual serving a 15-year-to-life sentence becomes eligible for parole after serving 15 years of the jail term.

Determinate Sentencing

For Determinate sentences (fixed years), a convict must serve at least 50% of the jail term. For instance, a convict serving a 6-year prison term for robbery must complete 50% of the sentence to be eligible for parole.

Individuals serving Life Without Parole (LWOP) sentences are not eligible for parole.

Impact of a First Degree Felony Conviction on Criminal Records in California

In addition to the penalties, there are other repercussions for first-degree felony convictions in California. One consequence of a felony conviction in California is its permanence on the subject's record.

In California, first-degree felony records are rarely expungeable unless they are sealed or expunged. Similar to most court records, these documents are publicly accessible through background checks.

A permanent first-degree felony record may impact employment, housing, and social status. Furthermore, it results in the loss of civil rights. For instance, a first-degree felony conviction will result in the loss of the right to bear firearms, vote, or hold public office.

For non-citizens, a first-degree felony conviction can result in deportation, denial of asylum, and permanent inadmissibility to the U.S.

Under the California Three Strike Law, the consequences of a first-degree felony on a criminal record are as follows:

• One strike - counts toward future sentencing
• Two strikes - next felony conviction will result in a double sentence
• Three strikes - third serious/violent felony may lead to a 25-year-to-life mandatory sentence.