California Three Strikes Defense Lawyers – California penal code 667

Three Strikes law – What is a serious felony? – California Penal Code section 667 

 

 

 

California Penal Code section 1192.7 lists crimes which constitute a serious felony. A serious felony includes:

• Murder or voluntary manslaughter (Penal Code section 187)
• Mayhem (Penal Code section 203)
• Rape (Penal Code section 261 and 262)
• Sodomy (Penal Code section 286)
• Oral copulation (Penal Code section 288a)
• Lewd or lascivious (Penal Code section 288)
• 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 (Penal Code section 187)
• Assault with intent to commit rape or robbery; (Penal Code section 264.1 and section 211)
• Assault with a deadly weapon or instrument on a peace officer (Penal Code section 241)
• Assault by a life prisoner on a noninmate (Penal Code section 4500)
• Assault with a deadly weapon by an inmate (Penal Code section 4500)
• Arson (Penal Code Section 451)
• Exploding destructive device with intent to commit murder (Penal Code section 12308)
• Causing bodily injury with explosive or destructive device (Penal Code section 12309)
• Causing death or mayhem with explosive or destructive device (Penal Code section 12310)
• Any burglary of the first degree (Penal Code section 459)
• Robbery or bank robbery (Penal Code section 211)
• Kidnapping (Penal Code section 207)
• Holding of a hostage by a person confined in a state prison (Penal Code section 4503)
• 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 (Penal Code section 245)
• 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 (Health and Safety Code Section 11055)
• Penetration by foreign object (Penal Code section 289)
• Grand theft involving a firearm (Penal Code section 487)
• Carjacking (Penal Code section 215)
• Participation in a criminal street gang (Penal Code section 186.22)
• Assault with the intent to commit mayhem, rape, sodomy, or oral copulation (Penal Code section 220)
• Throwing acid or flammable substances (Penal Code section 244)
• Assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter (Penal Code section 245)
• Assault with a deadly weapon against a public transit employee, custodial officer, or school employee (Penal Code section 245.2, 245.3 and 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 (Penal Code section 264.1)
• Continuous sexual abuse of a child (Penal Code section 288.5)
• Shooting from a vehicle (Penal Code section 12034)
• Intimidation of victims or witnesses (Penal Code section 136.1)
• Criminal threats (Penal Code section 422)
• Committing a felony while using a firearm (Penal Code section 12022.53)
• Possession a weapon of mass destruction a (Penal Code section 11418)
• Conspiracy to commit an offense described in the list above (Penal Code section 182)

California Penal Code section 667 covers all felonies that occurred outside of California. In other words, if you committed a felony outside of California and then were convicted of felony in California, the felony that you committed outside of California will count as a strike if it is listed in Penal Code sections 1192.7 or 667.5. Thus, if you committed a “violent” or “serious” felony in another state, that felony will still count as a strike in California. Even if the prior conviction was removed from your record under the laws of the foreign state, it can still count as a prior strike in California.