California Violent Felony Strike Crime Defense Lawyers

Violent Felonies That Count as Strikes Under California Three Strikes Law

• Murder or voluntary manslaughter.



• Mayhem.



• Rape as defined in paragraph (2) of subdivision (a) of Section 261.



• Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.



• Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.



• Lewd acts on a child under the age of 14 years as defined in Section 288.



• Any felony punishable by death or imprisonment in the state prison for life.



• Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7 or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which has been charged and proved as provided in Section 12022.5, 12022.53, or 12022.55.



• Any robbery perpetuated in an inhabited dwelling house, vessel, as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designated for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, an inhabited trailer coach, as defined in the Vehicle Code, or in the inhabited portion of any other building, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the commission of that robbery.



• Arson in violation of subdivision (a) of Section 451.



• The offense defined in 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.



• Attempted murder.



• A violation of Section 12308.



• Kidnapping in violation of subdivision (b) of Section 207.



• Kidnapping in violation of subdivision (b) of Section 208.



• Continuous sexual abuse of a child *** in violation of Section 288.5.



• Carjacking, as defined in subdivision (a) of Section 215, if it is charged and proved that the defendant personally used a dangerous or deadly weapon as provided in subdivision (b) of Section 12022 in the commission of the carjacking.



• Any robbery of the first degree punishable pursuant to subparagraph (A) of paragraph (1) of subdivision (a) of Section 213.



• Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.



• A violation of Section 264.1.

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