In California, a “strike” offense is any conviction that is defined as a serious or violent felony under the California Penal Code. Serious felonies are listed in California Penal Code Section 1192.7(c). They include, but are not limited to:
- Murder or voluntary manslaughter;
- Mayhem;
- Rape;
- Any felony punishable by death or imprisonment in state prison for life;
- Any felony in which the defendant personally inflicts great bodily injury on any
- person;
- Any felony in which the defendant personally uses a firearm;
- Attempted murder;
- Assault with intent to commit rape or murder;
- Assault with a deadly weapon or instrument on a peace officer;
- Exploding a destructive device or any explosive with intent to injure;
- Any burglary of the first degree;
- Robbery or bank robbery; and
- Kidnapping.
Violent felonies are defined by California Penal Code Section 667.5(c). Violent felonies under California law include (but are not limited to):
- Murder or voluntary manslaughter;
- Mayhem;
- Certain types of rape;
- Any felony punishable by death or imprisonment in the state prison for life;
- Any robbery;
- Attempted murder;
- Arson (some forms);
- Kidnapping;
- Continuous sexual abuse of a child;
- Assault with intent to commit a specified felony; and
- Rape, spousal rape, or sexual penetration.
In addition, certain juvenile convictions — known as “sustained petitions” — may also count as strikes. If the juvenile conviction (1) would count as a strip as a serious or violent felony; (2) the crime is listed in California Welfare and Institutions Code 707(b); and (3) the juvenile was at least 16 years old when the offense occurred, then it will qualify as a strike.
A defendant can be charged with multiple strikes in a single court proceeding. Out-of-state convictions will count as strikes if they would be considered strikes under California law.
