How Long Can Probation Last in California After AB 1950?

Law Offices of William W. Bruzzo — Mon, 12 Oct 2026 16:00:00 GMT

Probation in California now runs one year for most misdemeanors and two years for most felonies. AB 1950 set those limits, effective January 1, 2021. The exceptions cover two of the most common Orange County cases, DUI and domestic violence.

At the Law Offices of William W. Bruzzo, an Orange County criminal defense attorney checks the charge first, because the cap either applies or it does not.

What Are the Probation Limits Under AB 1950?

AB 1950 became Chapter 328 of the Statutes of 2020 and rewrote two sentencing statutes. Penal Code 1203a now allows misdemeanor probation “for a period not to exceed one year.” Penal Code 1203.1 allows felony probation to “continue for a period of time not exceeding two years.” Both caps are still in force.

Which Cases Are Not Capped at One or Two Years?

Three categories fall outside the limits, and the statute states them exactly.

Violent felonies listed in Penal Code 667.5(c). Probation may run up to the maximum possible term of the sentence.
Felony grand theft, embezzlement or false financial statement under Penal Code 487(b)(3), 503 or 532a, where the property taken exceeds $25,000. Up to three years.
Any offense with a probation term in its own statute. Vehicle Code 23600 sets DUI probation at “not less than three nor more than five years” in most cases, and Penal Code 1203.097 requires “a minimum period of probation of 36 months” in a domestic violence case.

That last category catches more people than the other two, which is why a DUI sentence in Orange County still carries years of supervision while a theft case may carry one.

Does AB 1950 Shorten Probation You Are Already Serving?

For a case not yet final on January 1, 2021, yes. The California Supreme Court held in People v. Prudholme that the shorter terms apply retroactively, including to cases resolved by plea, with the rest of the agreement left intact.

Two later decisions went further, holding that conduct outside a shortened term cannot support a violation, so the court loses authority after the new end date.

For a judgment already final, no published case grants automatic relief, so that route runs through a petition to the sentencing court.

Can the Two-Year Clock Stop Running?

Revocation stops the clock. Penal Code 1203.2 states that revocation, “summary or otherwise, shall serve to toll the running of the period of supervision,” and a court may push the end date out on reinstatement to recapture warrant time.

Two other points matter. Supervision cannot be revoked solely for unpaid restitution, fines or fees unless the court finds a willful failure to pay with the ability to pay. Restitution also outlives the case, since any unsatisfied portion stays enforceable by the victim, and the consequences of a probation violation reach further than most people expect.

Find Out From an Orange County Criminal Defense Lawyer How Long Your Probation Should Last