For purposes of California’s three-strikes law, serious felonies are listed in California Penal Code Section 1192.7(c) and 1192.8(a). Along with violent felonies, a conviction for any of these crimes will count as a strike prior. A serious felony under PC 1192.7 and 1192.8 is any of the following offenses:
- Murder or voluntary manslaughter.
- Mayhem.
- Rape.
- Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person.
- Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person.
- Lewd or lascivious act on a child under the age of 14 years.
- Any felony punishable by death or imprisonment in the state prison for life.
- Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm.
- Attempted murder.
- Assault with intent to commit rape or robbery.
- Assault with a deadly weapon or instrument on a peace officer.
- Assault by a life prisoner on a non-inmate.
- Assault with a deadly weapon by an inmate.
- Arson.
- Exploding a destructive device or any explosive with the intent to injure.
- Exploding a destructive device or any explosive causing bodily injury, great bodily injury or mayhem.
- Exploding a destructive device or any explosive with intent to murder.
- Any burglary of the first degree.
- Robbery or bank robbery.
- Kidnapping.
- Holding of a hostage by a person confined in a state prison.
- Attempt to commit a felony punishable by death or imprisonment in the state prison for life.
- Any felony in which the defendant personally used a dangerous or deadly weapon.
- Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code.
- Any violation of subdivision (a) of Penal Code 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.
- Grand theft involving a firearm.
- Carjacking.
- A felony offense, which would also constitute a felony violation of Penal Code Section 186.22 (relating to criminal street gang sentencing enhancements).
- Assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Penal Code Section 220.
- Assault with caustic chemicals, in violation of Penal Code Section 244.
- Assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Penal Code Section 245.
- 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.
- Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Penal Code Section 246.
- Commission of rape or sexual penetration in concert with another person, in violation of Penal Code Section 264.1.
- Continuous sexual abuse of a child, in violation of Penal Code Section 288.5.
- Shooting from a vehicle, in violation of subdivision (c) or (d) of Penal Code Section 26100 (relating to “drive-by” shootings).
- Intimidation of victims or witnesses, in violation of Penal Code Section 136.1.
- Criminal threats, in violation of Penal Code Section 422.
- Any attempt to commit a “serious felony” other than an assault.
- 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).
- Human trafficking of a minor in violation of Penal Code Section 236.1(c).
- Any conspiracy to commit a “serious felony.”
- Any violation of Penal Code Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon, within the meaning of paragraph (8) or (23) of subdivision (c) of PC Section 1192.7.
Note that Los Angeles County prosecutors are no longer increasing sentences based on prior strikes. Learn more here.