For California's three-strikes law, serious felonies are listed in California Penal Code Section 1192.7(c). A few serious felonies are also listed in Penal Code (PC) 1192.8(a). Along with violent felonies, a conviction for any of these crimes will count as a prior strike.
Simply put, certain felony crimes are designated as “strike” offenses under California's Three Strikes Law, a statute renowned for its severity in the United States. These crimes, whether serious or violent, carry significant implications.
A conviction for any of these crimes will be considered a prior strike, leading to extended prison sentences for any subsequent felony convictions. This means that if you have a prior strike, any future felony conviction could result in a much longer prison sentence.
Furthermore, most serious crimes that are listed in PC 1192.7 will require you to serve a higher percentage of your sentence, but there are a few exceptions. Strike cases are by far the most significant when it comes time for sentencing.
For example, if you are convicted of any felony crime and you have a prior strike offense, it could potentially double your sentence. Additionally, if you are convicted of a strike case, you will most likely have to serve up to 85% of your time in prison, rather than the usual 50% of your time.
It's crucial to understand that if you are charged with two or more strike cases, or you have two prior strike cases, the stakes are high. A third conviction, which doesn't necessarily have to be a serious or violent offense, could result in a sentence of up to 25 years to life in prison. This decision could profoundly alter your life.
Serious Crimes
The list of “serious” crimes under PC 1192.7 typically includes crimes that are normally presumed to be state prison offenses, meaning that if convicted, your sentence will be served in a California state prison, rather than a Los Angeles County jail. It's important to note that the vast majority of the crimes listed are also considered ineligible for probation. This is a reality that you need to be prepared for.
Likewise, the serious crimes on the list will normally carry a much higher bail requirement that the judge is unlikely to reduce. Plea bargaining will have serious limitations for most serious crimes listed in Penal Code Section 1192.7. California's sentencing system can be highly complex, and many prosecutors and criminal defense lawyers find it challenging to calculate custody time accurately.
It should be noted that serious felonies are defined under Penal Code § 1192.7, but a violent felony is defined under Penal Code 667.5 PC, and both are considered a “strike” offense.
Legal penalties and sentencing for any of the crimes listed above will depend on the specific details and circumstances of the crime for which you are convicted. Your past criminal history will also typically be taken into account when considering legal penalties.
As stated above, it's important to note that if you are convicted of a serious felony crime, you will have to serve at least 85% of your sentence.
The prosecutor has to allege the underlying crime as either a serious or violent crime in the indictment against you. If you have been arrested for a serious or violent crime, you need to consult with a Los Angeles criminal defense lawyer at Eisner Gorin LLP immediately.
Serious or Violent Felony Offenses
California Penal Code Sections 1192.7, 1192.8, and 667.5 outline the legal definition of serious felony offenses that can be designated as a “strike” on your criminal record. A “serious felony” includes any of the crimes listed below:
- Any attempt to commit a crime listed on this page,
- Any conspiracy to commit a crime listed on this page (Penal Code Section 182),
- Any felony carried out to benefit a criminal street gang (Penal Code Section 186.22),
- Any felony that is punishable by death,
- Any felony crime where the defendant inflicts great bodily injury,
- Any felony crime where the defendant used a dangerous or deadly weapon (Penal Code Section 245),
- Any violation of “10-20-Life” (Penal Code Section 12022.53),
- Arson (Penal Code Section 451),
- Assault by a life prisoner on a non-inmate (Penal Code Section 4500),
- Assault with caustic chemicals (Penal Code Section 244),
- Assault with a deadly weapon upon a peace officer or firefighter (Penal Code Section 245),
- Assault with a deadly weapon upon a public transit employee, custodial office, or school employee (Penal Code Sections 245.2, 245.3, 245.5),
- Assault with a deadly weapon by inmate (Penal Code Section 4500),
- Assault with the intent to commit rape, sodomy, robbery, oral copulation (Penal Code Section 220),
- Attempt to commit a felony punishable by death or imprisonment for life,
- Attempted murder (Penal Code Section 664/187),
- Carjacking (Penal Code Section 215),
- Commission of rape or sexual penetration in concert with another person (Penal Code Section 264.1),
- Committing a felony with a firearm (Penal Code Section 122022.53),
- Continuance sexual abuse of a child (Penal Code Section 288),
- Criminal threats (Penal Code Section 422),
- Discharging a firearm at an inhabited dwelling or vehicle (Penal Code Section 246),
- Exploding a destructive device causing great bodily injury, mayhem, murder ( Penal Code Sections 12308, 12309, 12310),
- First degree burglary (Penal Code Section 459),
- Furnishing an illicit drug to minors (Health and Safety Code 11055),
- Grand theft involving a firearm (Penal Code Section 289),
- Holding of a hostage by a person confined in a state prison (Penal Code Section 4503),
- Kidnapping (Penal Code Section 207),
- Lewd acts with a minor under 14 (Penal Code Section 288),
- Manslaughter (Penal Code Section 192),
- Mayhem (Penal Code Section 203),
- Murder (Penal Code Section 187),
- Oral copulation by force or violence (Penal Code Section 288a),
- Possession of a weapon of mass destruction (Penal Code Section 11418),
- Rape (Penal Code Section 261, 262),
- Robbery or bank robbery (Penal Code Section 211),
- Sexual penetration with a foreign object (Penal Code Section 289),
- Sodomy by force or threat (Penal Code Section 286),
- Torture (Penal Code Section 206),
- Witness intimidation (Penal Code Section 136).
What Does the Law Say?
The full statutory text of California Penal Code 1192.7 PC says, (a) (1) the Legislature intends that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes” or habitual sex offender statute instead of engaging in plea bargaining over those offenses.
(2) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people's case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence.
(3) If the indictment or information charges the defendant with a violent sex crime, as listed in subdivision (c) of Section 667.61, that could be prosecuted under Sections 269, 288.7, subdivisions (b) through (i) of Section 667, Section 667.61, or 667.71, plea bargaining is prohibited unless there is insufficient evidence to prove the people's case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. At the time of presenting the agreement to the court, the district attorney shall state on the record why a sentence under one of those sections was not sought.
(b) As used in this section, “plea bargaining” means any bargaining, negotiation, or discussion between a criminal defendant, or their counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant.
(c) As used in this section, “serious felony” means any of the following:
(1) Murder or voluntary manslaughter; (2) mayhem; (3) rape; (4) sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) lewd or lascivious act on a child under 14 years of age; (7) any felony punishable by death or imprisonment in the state prison for life; (8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) attempted murder; (10) assault with intent to commit rape or robbery; (11) assault with a deadly weapon or instrument on a peace officer; (12) assault by a life prisoner on a non inmate; (13) assault with a deadly weapon by an inmate; (14) arson; (15) exploding a destructive device or any explosive with intent to injure; (16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) exploding a destructive device or any explosive with intent to murder; (18) any burglary of the first degree; (19) robbery or bank robbery; (20) kidnapping; (21) holding of a hostage by a person confined in a state prison; (22) attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) any felony in which the defendant personally used a dangerous or deadly weapon; (24) selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) grand theft involving a firearm; (27) carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; (42) human trafficking of a minor, in violation of subdivision (c) of Section 236.1, except, with respect to a violation of paragraph (1) of subdivision (c) of Section 236.1, where the person who committed the offense was a victim of human trafficking, as described in subdivision (b) or (c) of Section 236.1, at the time of the offense; and (43) any conspiracy to commit an offense described in this subdivision.
(d) As used in this section, “bank robbery” means to take or attempt to take, by force or violence, or by intimidation from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association.
As used in this subdivision, the following terms have the following meanings:
(1) “Bank” means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.
(2) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.
(3) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.
(e) The Legislature shall not amend the provisions of this section except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
Consult with an LA Criminal Lawyer
It should be noted that out-of-state convictions will count as a “strike” under California's three-strikes law if they would have qualified as a violent or serious offense had the crime been committed in California.
In other words, even if the crime committed in another state didn't count as a strike in the state where it was committed, it can still be eligible for a strike offense if the crime is listed under California Penal Code Section 1192.7 or 667.5. If you require further information, please contact a Los Angeles criminal defense lawyer at our law firm.
Suppose you have been accused of a serious or violent crime listed under California Penal Code Sections 1192.7 or 667.5. In that case, you need to immediately consult with the experienced Los Angeles criminal defense attorneys at Eisner Gorin LLP.
A conviction for any of the crimes listed above is severe and life-altering. Let your lawyers review the details of your case in order to develop a strategy for the best possible outcome. Contact our law firm at 877-781-1570. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776 https://www.egattorneys.com
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