CALIFORNIA PENAL CODE 1192.7 PC – SERIOUS FELONIES UNDER THREE-STRIKES LAW

In California, certain felonies can be classified as strikes, which can be categorized as either serious felonies or violent offenses. California Penal Code Section 1192.7(c) pc and 1192.8(a) pc provide a list of charges that automatically qualify as strike offenses. It’s important to note that strike crimes only apply to aggravated crimes and are not applicable to misdemeanor crimes in California.

Additionally, most white-collar crimes do not fall under the category of strike crimes. However, a prosecutor has the ability to allege an enhancement that can elevate a non-strike felony to a strike felony. For example, if the felony was committed for the benefit of a criminal street gang or if the defendant caused significant bodily harm to another person.

When a defendant is sentenced to state prison for a serious felony crime, they may be eligible for 50% credit, meaning they will serve half of their sentence. For example, if someone is sentenced to 3 years in prison, they would serve 18 months. However, if the defendant commits another serious felony in the future, they would be required to serve 80% of their sentence. Additionally, having a prior strike on record would result in a doubled sentence. In other words, a 3-year sentence would become 6 years, along with any additional enhancements that may apply. It’s important to note that obtaining a strike can have significant and long-lasting consequences.

A serious felony, as specified in Penal Code 1192.7 and PC 1192.8, includes the following offenses:

• Murder – Penal Code 187(a) PC
• Voluntary Manslaughter – Penal Code 192(a) PC
• Mayhem – Penal Code 203 PC
• Rape and Spousal Rape – Penal Code 261 & 262 PC
• Oral Copulation by Force – Penal Code 287 PC
• Sodomy by Force or Threat – Penal Code 286 PC
• Lewd Act on Child Under 14 – Penal Code 288(a) PC
• Continuous sexual abuse of a child – Penal Code Section 288.5 PC
• Any felony punishable by death or imprisonment in the state prison for life.
• Any felony where a defendant personally inflicts great bodily injury – Penal Code 12022.7 PC
• Assault to Commit Rape or Robbery – Penal Code 209 PC
• Assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter – Penal Code 245 PC
• Assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Penal Code Sections 245.2, 245.3, or 245.5 PC.
• Arson – Penal Code 451 PC
• Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft – Penal Code Section 246 PC
• Commission of rape or sexual penetration in concert with another person – Penal Code Section 264.1 PC
• Exploding a destructive device with the intent to injure
• Exploding a destructive device causing great bodily injury or mayhem
• Exploding a destructive device with the intent to murder
• First Degree Burglary – Penal Code 459/460 PC
• Robbery or Bank Robbery – Penal Code 211 PC
• Kidnapping – Penal Code 207 PC
• Holding of a hostage by a person confined in state prison
• Attempt to commit a felony punishable by death or imprisonment for life
• Any felony where a defendant personally used a dangerous or deadly weapon
• Illegal Substance Distribution to a Minor
• Sexual Penetration with Object by Force – Penal Code 289 PC
• Grand theft involving a firearm – Penal Code 487 PC
• Carjacking – Penal Code 215 PC
• Any felony carried out for the benefit of a criminal street gang – Penal Code 186.22 PC
• Assault with the intent to commit rape, mayhem, sodomy, or oral copulation – Penal code 220 PC
• Assault with caustic chemicals – Penal Code Section 244 PC
• Assault with a deadly weapon upon a public transit employee
• Discharging a firearm at an inhabited dwelling, vehicle, or aircraft
• Commission of rape or sexual penetration in concert with another person
• Continuance sexual abuse on a child
• Any attempt to commit a crime listed in this section
• Any conspiracy to commit an offense described in this section.
• Attempted Murder – Penal Code 664/187(a) PC
• Shooting from a vehicle – Subdivision (c) or (d) of Penal Code Section 26100 PC (relating to “drive-by” shootings).
• Intimidation of victims or witnesses, in violation of Penal Code Section 136.1 PC
• Criminal threats – Penal Code Section 422 PC
• Any attempt to commit a “serious felony” other than an assault.
• Any violation of Penal Code Section 12022.53 PC
• A violation of subdivision (b) or (c) of Penal Code Section 11418 PC (relating to weapons of mass destruction).
• Human trafficking of a minor – Penal Code 236.1 PC
• Conspiracy to Commit Any “Serious” Crime

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

Due to the severity of any strike offense, there’s no question that you must retain an experienced Los Angeles criminal defense attorney to aggressively defend your rights. For more information or to schedule a free confidential case evaluation, contact Cyrus Tabibnia at the Tabibnia Law Firm. Call: 866-713-2159

Sources:

• leginfo.legislature.ca.gov 
• California Code, Penal Code – PEN § 1192.7
• lausd.org