Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Felony probation lasts up to 2 years for most non-violent felonies. It can last up to 3 years for the crimes of grand theft, embezzlement, or theft by false pretenses that involve more than $25,000. The term of probation can be longer for violent felonies, or for crimes that specify the applicable term of probation.
This is due to recent changes in California law.
The length of a term of felony probation, also known as formal probation, depends on the nature of the offense.
For non-violent felonies, formal probation will now generally last 2 years. This includes most theft crimes, as well as felony convictions for driving under the influence (DUI).
When a criminal law specifies how long probation will last, that time period is used. This can significantly increase the amount of time that a defendant has to be on community supervision.
Additionally, some serious theft offenses come with probation periods of 3 years. These offenses are any of the following, when more than $25,000 is involved:
These time periods for formal probation are new. California changed the law in 2020. California Assembly Bill 1950 (AB 1950) significantly reduced the probation term for many offenses. AB 1950 was signed into law by Governor Gavin Newsom on September 30, 2020.1 This law also reduced most misdemeanor probation terms to 1 year.2
Felony probation is an alternative to a prison sentence. After a conviction for a felony-level offense, the judge can put the defendant on probation, rather than in state prison. The defendant will then serve his or her sentence under community supervision, rather than behind bars.
Community supervision, especially formal probation after a felony, is not easy, though. Judges can impose strict rules on what the probationer can do. Those terms and conditions of probation will be tailored to the defendant’s past record and the nature of the criminal offense. Some common rules of felony probation include:
Violating any of these rules is a probation violation.
Probationers who violate a term or condition of their release will have to go to a probation violation hearing. There, the judge will decide whether to:
To ensure that the probationer makes it to the hearing, the judge will often issue a bench warrant. This warrant instructs police to arrest the probationer the next time they interact with him or her. If the probationer is arrested and held in jail, bail may or may not be an option before the violation hearing.
Not all defendants are eligible for felony probation. Additionally, some felony offenses are ineligible for probationary sentences.
Defendants can be ineligible for formal probation in 2 circumstances:
Felony offenses for certain sex crimes are also generally ineligible for probation. This is especially true if there were aggravating factors in the offense.4
These rules for felony probation in California changed very recently. In September, 2020, the governor signed AB 1950 into law. This bill overhauled felony probation law. It also applies retroactively.5
Before these changes went into effect, felony probation could last for as long as the maximum available prison sentence. If the maximum possible prison sentence was 5 years or less, the probation term could be up to 5 years.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.