What Determines Whether A Felony Is Violent Or Serious Under The Penal Code? What is the Difference In Sentence And Punishment?

If a felony is serious or violent under California law then that felony is a “strike” in California.  Not all felonies are strikes.  In order to be a “serious” felony, it must be listed as a serious felony, penal code section 1192.7(c).  IN order top be considered a “violent” felony, it must be listed under penal code section 667.5(c).  Some felonies such as kidnapping and murder are considered both serious and violent felonies. Sentencing and punishment for these crimes depends on a number of circumstances including the particular crime or crimes that the defendant is convicted, the facts and circumstances of the particular case, and also on the defendant’s criminal history.  A person convicted of a serious felony who is sentenced to state prison will have to serve at least 80% of their sentence while those convicted of a violent felony and sentenced to prison will have to serve at least 85% of their sentence.  Any criminal prosecution involving serious or violent felonies in California is by its nature a potential state prison case and can have lifelong impacts on the defendant and their family.  Anyone facing these types of charges in Southern California should consult with the experienced criminal defense attorneys at Wallin & Klarich.