What is a Violent Felony?
Violent Felony
Violent felonies are listed under California Penal Code Section 667.5(c). A conviction for any of these crimes will count as a strike for purposes of California’s three strikes law. A violent felony is any of the following offenses:
- Murder or voluntary manslaughter;
- Mayhem;
- Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262;
- Sodomy as defined in subdivision (c) or (d) of Section 286;
- Oral copulation as defined in subdivision (c) or (d) of Section 288a;
- Lewd or lascivious act as defined in subdivision (a) or (b) of 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 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;
- Any robbery;
- Arson, in violation of subdivision (a) or (b) of Section 451;
- Sexual penetration as defined in subdivision (a) or (j) of Section 289;
- Attempted murder;
- A violation of Section 18745, 18750, or 18755;
- Kidnapping;
- Assault with the intent to commit a specified felony, in violation of Section 220;
- Continuous sexual abuse of a child, in violation of Section 288.5;
- Carjacking, as defined in subdivision (a) of Section 215;
- Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1;
- Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22;
- Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22;
- 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;
- Any violation of Section 12022.53;
- A violation of subdivision (b) or (c) of Section 11418. The Legislature finds and declares that these specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person.
