California Penal Code § 667.5 sets forth the list of “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).
Frequently-asked-questions about PC 667.5
1. Do violent felonies carry longer sentences?
If you are convicted of a violent felony as defined by California Penal Code 667.5, the court will enhance your sentence by three years for each prior violent felony you have been convicted of or imprisoned for in the last 10 years.
Note that this enhancement is separate from the increased sentence you face under California’s three strikes law, discussed in the next section.
Also note that if you are convicted of a non-violent felony that carries county jail time rather than prison time under PC 1170(h), the court will increase your sentence by one year for each sexually violent offense (as defined by WIC 6600) that you were convicted of or imprisoned for in the last five years.
2. Are violent felonies strike crimes?
Yes. A second-time conviction of a violent felony (or a serious felony) carries a double sentence under PC 667. Meanwhile, a third-time conviction of a violent- or serious felony carries 25 years to life.
Learn more about California’s Three Strikes Law.
3. What if my prior convictions were in another state?
Your previous convictions from other states count as “priors” for the purpose of PC 667.5 as long as:
- the out-of-state crime – if committed in California – would be a felony in California with the same criminal elements, and
- you served at least one year of incarceration for it in the other state.