Maximum Misdemeanor Sentencing

California Penal Code §18.5

California Penal Code §18.5 sets a maximum misdemeanor jail sentence of 364 days. Thus, a “one year” misdemeanor jail sentence will be 364 days.

§18.5 (a) Every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days. This section shall apply retroactively, whether or not the case was final as of January 1, 2015.

(b) A person who was sentenced to a term of one year in county jail prior to January 1, 2015, may submit an application before the trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term specified in subdivision (a).

This may have immigration consequences

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