What is Considered a Violent Felony Under California Three Strikes Laws?

 What is Considered a Violent Felony Under California Three Strikes Laws?

California’s “Three Strikes” legislation is one of the state’s most well-known features when it comes to criminal justice. If you have “three strikes,” you will be liable to increased sentence under this statute. But, under California law, what constitutes a “strike”?

For the purposes of the three strikes legislation, both major crimes and violent felonies are deemed “strikes.” So, what does a violent felony look like in California? Keep reading to learn and then contact Chambers Law Firm at 714-760-4088 to request a free legal consultation with an experienced attorney.

Examples of violent felonies

Here is a list of violent felonies in California:

  • Murder or voluntary manslaughter
  • Rape
  • Sodomy
  • Oral copulation
  • Lewd activities with a person under the age of 14
  • Mayhem
  • Any offense punishable by execution or life in prison
  • Any crime in which the defendant does grave physical harm to someone who is not an accomplice, or any felony in which the defendant uses a firearm
  • Robbery
  • Arson
  • Attempted murder
  • Kidnapping
  • Offenses using explosives or dangerous devices
  • Assault with the purpose to commit a felony
  • Continuous sexual abuse of a child
  • Car jacking
  • Extortion
  • Threatening victims or witnesses with the intent to commit a felony
  • Any first-degree burglary in which a person other than an accomplice was present in the house
  • Weapons of mass destruction-related offenses

If a person has two prior convictions for violent crimes, a third “serious” or “violent” felony might result in a mandatory sentence of 25 years to life in prison. If the third strike occurred for any criminal conduct, the obligatory 25-year to life term would be applied under a previous version of the statute.

The California Legislature revised the statute in 2012 to make it more equal, bringing the punishment structure into the current day. However, it is still widely regarded as a faulty rule that results in excessively punitive penalties.

Consider this example

Consider the instance of a man who has been convicted of burglary. Because he breaks into the residence while someone is home, it is classified as a “violent felony.” He gets charged with robbery years later, after he has served his sentence. But there’s a catch: during the heist, he used a pistol. He is now facing two distinct charges, both of which are severe crimes.

If he is found guilty of both counts, the court must now sentence him to 25 years to life in prison under the three strikes statute. This is an illustration of the severity with which this punishment procedure can be used.

Talk to an attorney if you have been accused of a violent crime

If you’ve been charged with a major or violent offense, one of the best things you can do is employ the best criminal defense lawyer. Because of the severity of California’s three strikes legislation, avoiding a “strike” is critical.

Chambers Law Firm has extensive expertise representing California residents accused of a variety of offenses, including serious and violent felonies. To book a free first consultation with an experienced criminal defense lawyer, call 714-760-4088.

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