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 criminal defense attorney may be able to get violent felony charges reduced or dismissed.
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.
Legal Citations:
- The full language of the statute reads as follows:
667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:(a) If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction.
(b) Except when subdivision (a) applies, if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended.
(c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, “violent felony” means any of the following:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286.
(5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.
(6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.
(7) Any felony punishable by death or imprisonment in the state prison for life.
(8) Any felony in which the defendant inflicts great bodily injury on a person other than an accomplice, which has been charged and proved as provided for in Section 12022.7, 12022.8, 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 use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451.
(11) Sexual penetration as defined in subdivision (a) or (j) of Section 289.
(12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220.
(16) Continuous sexual abuse of a child, in violation of Section 288.5.
(17) Carjacking, as defined in subdivision (a) of Section 215.
(18) Rape or sexual penetration, in concert, in violation of Section 264.1.
(19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.
(21) 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.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.
(d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever first occurs, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.
(e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.
(f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.
(g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.
(h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.
(i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.
(j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.
(k) (1) Notwithstanding subdivisions (d) and (g) or any other law, when one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.
(2) This subdivision does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.