Posted on October 5, 2019

List of California “Serious” Felonies – Penal Code 1192.7(c) PC

Some California felonies may qualify as strikes.  Strike offenses can be either serious or violent.  Penal Code 1192.7(c) sets forth a list of charges that are automatically charged as strike offenses.  A strike crime is applied to certain aggravated crimes, and it is not applicable to misdemeanors. Moreover, most, if not all, white-collar crimes do not qualify as strike crimes. The prosecutor may allege an enhancement that will elevate a non-strike felony, into a strike felony. For instance, a felony committed for the benefit of a criminal street gang, or if the defendant caused great bodily injury to another.

Serious felonies are subject to 50% credit if the defendant is sentenced to state prison. For instance, if someone sentenced to 3 years in prison, they will serve 50% of their 3-year sentence, totaling 18 months. However, if someone subsequently commit another serious felony, then they must serve 80% of their sentence. Furthermore, a prior strike requires a doubled sentence. In other words, a 3-year sentence doubles to 6 years plus any additional enhancements which may apply. Accordingly, obtaining a strike can carry future devastating impacts.

Due to severity of any strike offense, there’s no question that you must retain an experienced and respected attorney to aggressively defend your rights. For more information or to schedule a free confidential case evaluation, contact an experienced Orange County criminal defense attorney at the Law Offices of John D. Rogers.

Below is a common list of offenses that automatically make the felony into a strike offense:

  1. Murder – Penal Code 187(a) PC
  2. Voluntary Manslaughter – Penal Code 192(a) PC
  3. Mayhem
  4. Rape – Penal Code 261 PC
  5. Sodomy by Force or Threat
  6. Oral Copulation by Force, Violence
  7. Lewd Acts with a Minor under 14
  8. Any felony punishable by death
  9. Any felony where a defendant personally inflicts great bodily injury
  10. Assault with the intent to commit rape or robbery
  11. Assault with a deadly weapon upon a peace officer
  12. Assault by a life prisoner upon a non-inmate
  13. Arson – Penal Code 451 PC
  14. Exploding a destructive device with the intent to injure
  15. Exploding a destructive device causing great bodily injury or mayhem
  16. Exploding a destructive device with the intent to murder
  17. First degree burglary – Penal Code 459 PC
  18. Robbery or Bank Robbery – Penal Code 211 PC
  19. Kidnapping – Penal Code 207 PC
  20. Holding of a hostage by a person confined in state prison
  21. Attempt to commit a felony punishable by death or imprisonment for life
  22. Any felony where a defendant personally used a dangerous or deadly weapon
  23. Furnishing an illicit drug to a minor
  24. Grand theft involving a firearm
  25. Carjacking
  26. Any felony carried out for the benefit of a criminal street gang
  27. Assault with the intent to commit rape, mayhem, sodomy, or oral copulation
  28. Assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter
  29. Assault with a deadly weapon upon a public transit employee
  30. Discharging a firearm at an inhabited dwelling, vehicle, or aircraft
  31. Commission of rape or sexual penetration in concert with another person
  32. Continuance sexual abuse on a child
  33. Any attempt to commit a crime listed in this section
  34. Any conspiracy to commit an offense described in this section.

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