Posted on March 11, 2017
Serious Felony | California Penal Code 1192.7(c) PC
In California, some felony charges are labeled as strike offenses. Strike offenses can be either serious or violent. Penal Code 1192.7(c) sets forth a series of crimes that are automatically charged as a strike offense. A strike crime is only applied to aggravated felonies and is not applicable to misdemeanors. The prosecutor may allege an enhancement that will elevate a non-strike felony, into a strike felony. For instance, a felony committed for the benefit of a criminal street gang, or if the defendant caused great bodily injury to another.
Serious felonies are subject to 50% credit if the defendant is sentenced to state prison. For instance, if you are sentenced to 3 years in prison, you will only serve 50% of your 3-year sentence, a total of 1.5 years. However, if you subsequently commit another serious felony, then you will serve 80% of your underlying sentence. Furthermore, a prior strike requires a doubled sentence. In other words, a 3-year sentence doubles to 6 years plus any additional enhancements which may apply.
Due to severity of any strike offense, there’s no question that you must retain an experienced and respected attorney to aggressively defend your rights. For more information or to schedule a free confidential case evaluation, contact an Orange County Criminal Defense Lawyer at the Law Offices of John D. Rogers.
Below is a common list of offenses that automatically make the felony into a strike offense:
- Sodomy by Force or Threat
- Oral Copulation by Force, Violence, etc.
- Lewd Acts with a Minor under 14
- Any felony punishable by death
- Any felony where a defendant personally inflicts great bodily injury
- Assault with the intent to commit rape or robbery
- Assault with a deadly weapon upon a peace officer
- Assault by a life prisoner upon a non-inmate
- 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
- Robbery or Bank Robbery
- 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
- Furnishing an illicit drug to a minor
- Grand theft involving a firearm
- Any felony carried out for the benefit of a criminal street gang
- Assault with the intent to commit rape, mayhem, sodomy, or oral copulation
- Assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter
- 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.