Penal Code 1192.7 & Penal Code 667.5 Explained

California's Three Strikes Law is one of the most severe sentencing schemes in the country. Under this law, certain felony convictions—classified as “serious” or “violent” felonies—are designated as strike offenses.

These strikes dramatically increase prison exposure for any future felony conviction.

Serious felonies are defined primarily under Penal Code § 1192.7, while violent felonies are defined under Penal Code § 667.5. A conviction for either category counts as a strike, and the consequences can be life-altering.

If you are charged with a serious or violent felony, the way your case is charged and litigated from the outset can determine whether you face double sentencing, 85% time requirements, or even 25 years to life.

Your best hope of a favorable outcome is with a skilled riminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.

What Is a “Strike” Offense in California?

A strike offense is a felony conviction that qualifies as either:

• a serious felony under Penal Code § 1192.7, or

• a violent felony under Penal Code § 667.5

Once a strike is imposed:

• A second felony conviction can result in double the sentence

• A third felony conviction (even if not serious or violent) can result in 25 years to life

• Most strike offenses require serving at least 85% of the sentence

Judges have limited discretion, and prosecutors are required to formally allege strike priors in the charging documents.

Serious Felonies – Penal Code § 1192.7

Serious felonies are crimes the Legislature has determined warrant enhanced punishment due to their nature or the harm involved. Most are:

• Ineligible for probation

• Subject to high bail

• Restricted from plea bargaining

• Punishable by state prison, not county jail

A conviction for any serious felony will count as a strike and generally requires serving 85% of the imposed sentence.

Violent Felonies – Penal Code § 667.5

Violent felonies are a narrower category of crimes involving actual violence or extreme risk of harm. These offenses:

• Automatically qualify as strikes

• Require 85% time under California law

• Often involves mandatory enhancements

Violent felonies are also listed within Penal Code § 667.5(c) and overlap significantly with serious felonies.

Common Serious or Violent Felony Strike Offenses

Under Penal Code §§ 1192.7, 1192.8, and 667.5, strike offenses include—but are not limited to—the following:

• Murder and attempted murder

• Voluntary manslaughter

• Mayhem and torture

• Rape, sodomy, oral copulation by force or threat

• Lewd acts with a child under 14

• Continuous sexual abuse of a child

• Robbery or bank robbery

• First-degree burglary

• Carjacking

• Kidnapping and hostage-taking

• Assault with a deadly weapon or firearm

• Assault on peace officers, firefighters, or protected employees

• Criminal threats

• Discharging a firearm at an inhabited dwelling

• Arson

• Use of a firearm under the 10-20-Life law (PC § 12022.53)

• Gang-related felonies (PC § 186.22)

• Any felony involving great bodily injury

• Any felony involving personal use of a dangerous or deadly weapon

• Attempts, conspiracies, or aiding and abetting any listed offense

Out-of-state convictions may also count as strikes if the offense would qualify as serious or violent under California law.

Sentencing Consequences of a Strike Conviction

A strike conviction impacts every future felony case, even years later.

• One Strike: Sentence for a new felony may be doubled

• Two Strikes: Any new felony can result in 25 years to life

• Time Served: Most strike offenses require serving 85% of the sentence

• Plea Bargaining: Severely limited or prohibited in many cases

Because of these consequences, strike cases are among the most aggressively prosecuted in California.

Prosecutor Allegations Are Critical

A felony does not automatically become a strike unless the prosecutor properly alleges and proves:

• The offense qualifies as serious or violent

• Any required enhancements (weapon use, GBI, etc.)

This creates a key opportunity for defense attorneys to:

• Challenge the strike allegation

• Seek dismissal or reduction

• Argue the offense does not legally qualify

Defense Strategies in Strike Cases

Effective defense in strike cases often focuses on preventing the strike designation, not just fighting the underlying charge.

Common strategies include:

• Challenging whether the offense qualifies as serious or violent

• Contesting weapon or great-bodily-injury allegations

• Filing motions to strike prior strikes (Romero motions)

• Negotiating non-strike plea resolutions

• Litigating procedural or constitutional defects

Early intervention can make the difference between a determinate sentence and life imprisonment.

Why Immediate Legal Representation Matters

Strike cases carry irreversible consequences if mishandled. Once a strike conviction is entered, it permanently alters sentencing exposure for the rest of your life.

If you are charged with a serious or violent felony, immediate consultation with experienced counsel is essential.

Speak With a Los Angeles Criminal Defense Lawyer

If you are accused of a serious or violent felony under Penal Code §§ 1192.7 or 667.5, your future is at stake.

Contact Eisner Gorin LLP, a criminal defense firm experienced in handling high-stakes strike cases and complex sentencing litigation.

Early defense strategy can determine whether a charge becomes a lifelong strike—or does not.

Related Content:

• What is a Super Strike?
• California Penal Code § 667.5
• Intoxication and Sexual Assault
• What is the Heat of Passion Defense?
• California's Stand Your Ground Law