Understanding Common California Crimes: A Criminal Law Overview 

How Many Crimes are there in California?

Common California  crimes are of two classes.  There are crimes that can be committed by almost anyone such as non-violent gun crimes, DUI's and financial errors (tax crimes).  Then there are the crimes that require a true criminal state of mind such as armed robbery.   

A 2023 analysis from the California Policy Lab (affiliated with UC Berkeley) and the Committee on Revision of the Penal Code states that California law as a whole defines more than 1,400 distinct felony offenses. Of these, the Penal Code accounts for about 53% (roughly ~760–800 felonies), with the rest scattered across other codes (e.g., Health & Safety Code for drugs, Vehicle Code for certain driving offenses).

Other statutes such as Penal Code Section 550 is a single statute but it lists 10 different ways it can be violated. We count that as one crime but it actually can ten different crimes.

This article focuses on three classes of crimes, Gun Crimes, Driving Crimes such as DUI's and Money Crimes such as Embezzlement. Other articles will have summaries of different classes of crimes.  But first, a quick overview of criminal law in California.

Purpose of California Criminal Law - Statutory Crimes Provide Clear Guidance as to What Conduct is Legal and What is Not Legal

All crimes in California are statutory.  The same is true for federal crimes.  If the crime is not in a statute the conduct is not criminal.  Other states have historical crimes often called common law crimes.  The benefit of a statutory crime state is that the definition of a crime is explicitly stated in the statute so there is less chance of debate or confusion as to what is or is not legal.  There is however an entire body of criminal law where statutes are attacked for being poorly written. This area of law argues that the law as written does not give clear guidance as to what conduct is prohibited.  Despite California being a statutory law state historical precedent still plays an important role.  Gun laws are subject to constitutional attack as the 2nd Amendment to the United States constitution prevents states from enacting gun laws that go against the history of gun use and regulation in pre-constitution times.

The General Purpose of California Criminal Law Statutes

California's criminal laws are designed to protect public safety, prevent harm, and maintain order within the state. With a complex Penal Code that covers everything from firearm offenses to financial crimes and driving violations, it's essential for residents, legal professionals, and visitors to understand these statutes. This guide breaks down some of the most frequently encountered crimes, providing clear definitions, key elements, and references to relevant Penal Code sections. Whether you're researching for personal knowledge, legal defense, or compliance purposes, knowing these laws can help avoid unintentional violations and navigate the justice system more effectively.   Statutes can be attacked as invalid if their purpose is to promote one political group over another or if the stated purpose of protecting the public clashes with First Amendment speech or other constitutional protections.

Gun Laws are a "Hot" Issue

Firearm-related offenses dominate many discussions in California due to the state's strict gun control measures, which aim to reduce violence and unauthorized access. DUI laws, on the other hand, focus on roadway safety, imposing severe penalties for impaired driving that can lead to injury or death. Embezzlement crimes highlight the importance of trust in financial and professional relationships, with penalties scaling based on the value involved and the breach of fiduciary duty. By defining these crimes in straightforward terms, this resource serves as a starting point for deeper legal exploration—always consult a qualified attorney for case-specific advice.  The clash between "public safety" and constitutional rights arise anytime a gun violation involves a law abiding citizen whose gun violation did not involve harm to another person.

Optimizing your awareness of these crimes not only promotes safer communities but also underscores California's commitment to accountability. From prohibitions on ghost guns to restrictions on carrying concealed weapons, these laws evolve with public policy, often influenced by court rulings and legislative updates. Below, we define 31 common California crimes, categorized by theme for easier reference, including firearm violations, DUI offenses, and embezzlement acts.

The following is a list of crimes that we common

Firearm-Related Crimes in California

1. Felon in Possession of a Firearm (Penal Code § 29800) Under California Penal Code § 29800, it is a felony for anyone previously convicted of a felony to own, possess, or control a firearm. Possession includes both actual (physical) and constructive (access or control) scenarios, even if the gun isn't directly on the person. This law aims to prevent high-risk individuals from accessing weapons.
2. Possession of an Assault Weapon (Penal Code § 30600) Penal Code § 30600 prohibits the manufacture, distribution, transportation, importation, sale, or possession of firearms designated as "assault weapons" in California, unless they are registered or exempt. Violations are generally felonies, reflecting the state's efforts to limit military-style firearms in civilian hands.
3. Possession of a Ghost Gun California law bans the possession of unserialized or homemade firearms, often called "ghost guns." All guns must bear a valid state-issued serial number, and owning an unregistered or unmarked firearm can lead to criminal charges, emphasizing traceability for public safety.
4. Criminal Storage of a Firearm (Penal Code § 25100) Penal Code § 25100 holds individuals accountable for negligently storing firearms if a child or prohibited person accesses them, particularly if it causes injury or death. This statute promotes responsible gun ownership through safe storage requirements to avert preventable tragedies.
5. Carrying a Concealed Weapon (Penal Code § 25400) It is illegal under Penal Code § 25400 to carry a concealed firearm on one's person or in a vehicle without a valid license or exemption. Depending on circumstances, this can result in misdemeanor or felony charges, with strict enforcement to curb hidden threats.
6. Carrying a Loaded Firearm in Public (Penal Code § 25850) Penal Code § 25850 generally forbids carrying a loaded firearm in public areas or vehicles. Penalties escalate for those already prohibited from owning guns or in cases with aggravating factors, prioritizing community protection from immediate dangers.
7. Unlawful Possession in a School Zone (Penal Code § 626.9) Under Penal Code § 626.9, possessing firearms in school zones—typically school grounds and nearby areas—is prohibited, with few exceptions. Due to the vulnerability of educational environments, violations are prosecuted vigorously.
8. Brandishing a Weapon (Penal Code § 417) Penal Code § 417 defines brandishing as drawing or exhibiting a firearm or weapon in a threatening, angry, or rude manner, without needing to fire it. The crime centers on the intent to intimidate, not on causing physical harm.
9. Assault with a Firearm (Penal Code § 245(a)(2)) This offense, per Penal Code § 245(a)(2), involves using a firearm in a way that could apply force to another person. Injury isn't necessary; the focus is on the unlawful attempt or threat of violence with a gun.
10. Grossly Negligent Discharge of a Firearm (Penal Code § 246.3) Penal Code § 246.3 applies to firing a gun in a grossly negligent manner that risks injury or death, even if no harm occurs. It targets reckless behavior showing blatant disregard for others' safety.
11. Illegal Sale or Transfer of a Firearm (Penal Code § 26500) Under Penal Code § 26500, selling, leasing, or transferring a firearm without a licensed dealer, background check, and waiting period is illegal. Private transfers, even among family, are prohibited without exemptions, ensuring regulated transactions.
12. Altering or Removing a Serial Number (Penal Code § 23900) Penal Code § 23900 criminalizes knowingly changing, removing, or defacing a firearm's serial number. These identifiers are crucial for tracking, making tampering a grave offense.
13. Gun Violence Restraining Order (GVRO) A GVRO enables courts to temporarily bar individuals posing a danger to themselves or others from owning or buying firearms. Requests can come from law enforcement or family, often requiring immediate surrender of guns.
14. Welfare and Institutions Code § 8102 This code allows for firearm seizure and reporting when someone is detained for mental health issues. It may impose temporary or permanent bans based on the situation, linking mental health to firearm restrictions.
15. Firearm Prohibition for Violent Misdemeanors (Penal Code § 29810) Penal Code § 29810 enforces a 10-year ban on firearm ownership, possession, or purchase for those convicted of certain violent misdemeanors, extending protections beyond felonies.

DUI and Vehicular Offenses in California

16. Driving Under the Influence (Vehicle Code § 23152) Vehicle Code § 23152 prohibits driving while impaired by alcohol or drugs, or with a BAC of 0.08% or higher. Charges can apply without accidents, focusing on impairment alone.
17. DUI Causing Injury (Vehicle Code § 23153(a)) Under Vehicle Code § 23153(a), DUI that causes bodily injury to others results in heightened penalties, reflecting the added harm from impaired driving.
18. DUI with Prior Convictions (Vehicle Code § 23550) Vehicle Code § 23550 escalates punishments for repeat DUI offenders within a set period, potentially leading to longer incarceration and stricter conditions.
19. Driving Under the Influence of Drugs (Vehicle Code § 23152(d)) This section of Vehicle Code § 23152 targets impairment from drugs, including prescriptions or illicit substances, emphasizing observed effects over specific levels.
20. Vehicular Manslaughter Without Gross Negligence (Penal Code § 191.5(b)) Penal Code § 191.5(b) covers DUI-related deaths caused by ordinary negligence, a serious charge but less severe than those involving gross recklessness.
21. Gross Vehicular Manslaughter While Intoxicated (Penal Code § 191.5(a)) Under Penal Code § 191.5(a), DUI causing death with gross negligence is a felony, highlighting extreme disregard for life.

Embezzlement Crimes in California

22. Embezzlement (Penal Code § 503) Penal Code § 503 defines embezzlement as fraudulently converting entrusted property for personal use, emphasizing the violation of trust.
23. Embezzlement by Fiduciary or Trustee (Penal Code § 504) Per Penal Code § 504, misappropriating property held in trust constitutes embezzlement, focusing on abuse of fiduciary roles.
24. Intent Required for Embezzlement (Penal Code § 505) Penal Code § 505 requires fraudulent intent for embezzlement; negligence alone doesn't suffice.
25. Embezzlement of Public Funds (Penal Code § 506) Penal Code § 506 addresses misuse of public money by officials, treated severely due to its impact on taxpayers.
26. Embezzlement by Agents or Employees (Penal Code § 508) Under Penal Code § 508, agents or employees converting entrusted property face charges, as possession doesn't equal ownership.
27. Embezzlement Defined as Theft (Penal Code § 511) Penal Code § 511 classifies embezzlement as theft, with penalties based on value and context.
28. Claim of Right Defense (Penal Code § 512) Penal Code § 512 allows a defense if property was taken under a genuine, reasonable belief of ownership rights.
29. Evidence of Fraudulent Conversion (Penal Code § 513) Actions like hiding or refusing to return property can evidence embezzlement under Penal Code § 513.
30. Demand Not Required for Embezzlement (Penal Code § 514) Penal Code § 514 states embezzlement is complete upon conversion; no demand for return is needed.
31. Liability of Corporate Officers or Agents (Penal Code § 515) Penal Code § 515 holds corporate personnel accountable for embezzlement in their roles, without corporate shielding.

About Attorney Daniel Horowitz

Attorney Daniel Horowitz is a prominent criminal defense lawyer based in Lafayette, California (Contra Costa County), where he has maintained his office since 2006 after practicing in Oakland for 26 years. Admitted to the California Bar in 1980 (over 45 years of experience), he holds the prestigious designation of Certified Specialist in Criminal Law by the State Bar of California Board of Legal Specialization—a peer-reviewed credential earned through extensive case history, examinations, and continuing education. He has held this certification for over 25 years and even trains other attorneys preparing for the specialist exam.

Horowitz is a seasoned trial attorney with over 200 jury trials to verdict, including high-stakes cases involving capital murder, complex fraud, white-collar crimes (such as RICO, tax fraud, money laundering, insurance fraud, and medical billing/coding offenses), and defenses of medical professionals (doctors and chiropractors) in both criminal and licensing matters. His practice emphasizes serious felonies, often pitting individuals against well-funded government or corporate opponents. He leads a team at the Law Office of Daniel Horowitz (also known as Lawyers in Lafayette) that includes multiple other State Bar-certified criminal defense specialists, allowing for collaborative handling of complex cases.

Recognized as a Top 100 Trial Lawyer by the National Trial Lawyers, Horowitz has represented high-profile clients (including talk show host Michael Savage) and achieved notable outcomes in civil rights litigation, multimillion-dollar settlements, and dismissals in major cases. Early in his career, he secured multimillion-dollar recoveries for victims of police misconduct in Oakland. He is also a frequent national legal commentator, having provided analysis on major trials like those of Scott Peterson and Michael Jackson for networks such as CNN, MSNBC, Fox News, and Nancy Grace.

Beyond criminal defense, his broader practice includes health care law, personal injury, and related areas, but his core expertise and reputation center on aggressive, experienced criminal trial work across California and federally nationwide. He is admitted to the U.S. Supreme Court and California Supreme Court, and maintains an AV-rated profile for ethics and ability.

Call Daniel Horowitz at (925) 283-1863