Violent Felonies Under California Three Strikes Law

Penal Code 667.5 is the California statute that enumerates “violent felonies” that count as strikes under California’s three strikes law. Along with serious felonies, a conviction for any of these crimes will count as a strike prior.

A violent felony under PC 667.5 is any of the following offenses:

• Murder or voluntary manslaughter.
• Mayhem.
• Rape as defined in paragraph (2) or (6) of subdivision (a) of Penal Code Section 261 or paragraph (1) or (4) of subdivision (a) of PC Section 262.
• Sodomy as defined in subdivision (c) or (d) of Penal Code Section 286.
• Oral copulation as defined in subdivision (c) or (d) of Penal Code Section 287.
• Lewd acts on a child under the age of 14 years as defined in Penal Code 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 Penal Code Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in PC Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which has been charged and proved as provided in subdivision (a) of PC Section 12022.3, or Section 12022.5 or 12022.55.
• Any robbery.
• Arson in violation of subdivision (a) or (b) of Penal Code Section 451.
• Sexual penetration as defined in subdivision (a) or (j) of Penal Code Section 289.
• Attempted murder.
• A violation of Penal Code Section 12308, 12309, or 12310 (with regard to destructive devices or explosives).
• Kidnapping.
• Assault with the intent to commit a specified felony, in violation of Penal Code 220 PC.
• Continuous sexual abuse of a child, in violation of Penal Code Section 288.5.
• Carjacking, as defined in subdivision (a) of Penal Code Section 215.
• Rape, spousal rape, or sexual penetration, in concert, in violation of Penal Code Section 264.1.
• Extortion, as defined in Penal Code Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code (relating to criminal street gang sentencing enhancements).
• Threats to victims or witnesses, as defined in Penal Code Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code (relating to criminal street gang sentencing enhancements).
• Any burglary of the first degree, as defined in subdivision (a) of Penal Code 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.
• Any violation of Penal Code Section 12022.53.
• A violation of subdivision (b) or (c) of Penal Code Section 11418 (relating to weapons of mass destruction).

Note that Los Angeles County prosecutors are no longer increasing sentences based on prior strikes. Learn more here.

Contact us for additional help…

If you or a loved one is charged with a violent felony and are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in the office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.