In media and casual conversation, the term “violent crime” seems self-explanatory, suggesting any offense involving physical aggression. The California legal system, however, operates with much greater precision.
The classification of violent crimes in California is not based on opinion but on a specific list defined by law. This designation is one of the most significant a person can face, as it dramatically increases penalties and triggers some of the state’s harshest sentencing laws, including the “Three Strikes” law. If you face such charges, working with an experienced violent crimes lawyer in San Diego, California, is essential to protect your rights and build a strong defense.
The Definitive List: Penal Code 667.5(c)
The California legislature has taken the guesswork out of defining violent crime. Penal Code 667.5(c) provides a definitive list of felonies that qualify. If an offense is on this list, it is a violent felony, regardless of the specific circumstances.
If it is not on the list, it is not a violent felony, even if the actions involved seemed violent to a layperson. This black-and-white distinction is central to how these cases are prosecuted and defended.
- Murder or voluntary manslaughter: These are classic examples of violent crimes.
- Robbery: The act of taking property from another person by use of force or fear. A robbery in a crowded place like Fashion Valley Mall is a violent felony.
- Kidnapping: Forcibly moving a person a substantial distance against their will.
- Any felony with a great bodily injury enhancement: If a person commits a felony and causes another person to suffer a significant physical injury, that felony becomes a violent crime.
- Extortion by force or threat: Using threats to unlawfully obtain money or property.
- Forcible sex offenses: Crimes such as rape and sodomy by force are included on the list.
The law leaves no room for ambiguity; a crime either is or is not on this list, a fact that dictates the entire trajectory of a defendant’s case.
The Power of a “Strike”: The Three Strikes Law
The primary reason the “violent crime” designation matters so much is California’s “Three Strikes” law. This law imposes progressively harsher sentences on individuals convicted of new felonies if they already have prior convictions for “serious” or “violent” felonies.
- A first strike: The first conviction for a serious or violent felony results in the sentence for that crime and puts a “strike” on your record.
- A second strike: If you are later convicted of any new felony (even a non-violent, non-serious one) and you have one prior strike, your sentence for the new felony is automatically doubled.
- A third strike: If you have two or more strikes on your record and are convicted of another serious or violent felony, you face a sentence of 25 years to life in state prison.
This law transforms a person’s criminal history from a background factor into the primary driver of their sentence, making the past a direct predictor of future punishment.
The 10-20-Life Gun Enhancement
Under Penal Code 12022.53, if you use a gun during the commission of certain felonies, you face huge enhancements. Personally using a gun adds 10 years, firing the gun adds 20 years, and causing great bodily injury or death with the gun adds 25 years to life.
Serious vs. Violent Felonies: A Critical Distinction
A common point of confusion is the difference between “serious” and “violent” felonies. While the terms sound similar, they come from two different lists in the Penal Code. Penal Code 667.5(c) lists violent felonies, while Penal Code 1192.7(c) lists “serious” felonies.
The serious felony list is longer and includes all violent felonies plus many others.
Both serious and violent felonies count as strikes under the Three Strikes law.
However, there is a key difference that affects time spent in custody.
- Violent felonies: A conviction for a violent felony limits the amount of “good time” credit a person can earn in prison to just 15%.
- Serious felonies: Many serious felonies that are not also on the violent felony list are not subject to this 85% rule.
- The overlap: All violent felonies are also, by definition, serious felonies. The reverse is not true. This detail significantly impacts the actual time a person will serve.
The law’s meticulous categorization of offenses demonstrates that every word in the penal code has a purpose, and subtle distinctions can mean years of difference in a person’s life.
Protecting Your Freedom Against a Serious Accusation
Your freedom and your future depend on a defense that is as serious and determined as the charges you face. If you or a loved one has been arrested for a violent crime in San Diego or Chula Vista, it is time to act.
Contact the dedicated attorneys at Elite Criminal Defense at (619) 642-2310 or reach out through our contact page to begin building your defense.
Frequently Asked Questions
Assault with a deadly weapon (PC 245(a)(1)) is a “wobbler,” meaning it can be a misdemeanor or a felony.
A conviction for any felony on the PC 667.5(c) violent crime list requires you to serve at least 85% of your prison sentence.
No. If you are convicted of a violent felony and are sentenced to state prison, you are not eligible for expungement under California law. This is one of the most significant long-term consequences of a violent crime conviction.
Yes, a juvenile adjudication can count as a strike if certain conditions are met. The offense must be on the serious or violent felony list, the minor must have been at least 16 years old at the time of the offense, and the juvenile court must have found the offense to be true.
The first step is to hire an experienced criminal defense attorney. Your attorney will analyze the evidence, identify constitutional violations by law enforcement, and begin preparing a strategy.
