Violent Felonies
1. What is Violent Felonies?
2. What are examples of Violent Felonies?
Under PC § 667.5(c), there are currently 23 categories of crimes designated as “violent.” Below are the most common examples encountered in the Los Angeles court system:
1. Crimes Involving Loss of Life or Intent to Kill
Murder: Any degree of murder.
Voluntary Manslaughter: Killing another person during a sudden quarrel or “heat of passion.“
Attempted Murder: Taking a direct step toward killing someone with the specific intent to do so.
2. Serious Physical Harm or Force
Mayhem: Unlawfully and maliciously depriving a human being of a member of their body, or disabling, disfiguring, or rendering it useless.
Kidnapping: Moving a person a substantial distance without their consent by using force or fear.
Carjacking: Taking a motor vehicle from someone’s immediate presence against their will via force or fear.
Robbery: Taking property from someone’s person or immediate presence using force or fear (all degrees of robbery are violent felonies).
3. Sexual Offenses
Forcible Rape: Rape accomplished by means of force, violence, duress, or fear.
Lewd or Lascivious Acts: Specific acts involving a child under the age of 14.
Continuous Sexual Abuse of a Child: Recurring sexual abuse involving a minor.
4. Property Crimes with High Risk
Arson: Specifically arson that causes “great bodily injury” or the burning of an inhabited structure.
First-Degree Burglary: Residential burglary only if it is proved that a person (other than an accomplice) was present in the residence during the crime.
5. Enhancements that Turn Felonies “Violent”
Certain crimes that are not normally on the “violent” list can be elevated to a violent felony status if:
Great Bodily Injury (GBI): The defendant personally inflicts a significant or substantial physical injury on a victim.
Use of a Firearm: The use of a gun during the commission of certain felonies can trigger violent felony status under PC § 12022.53.
3. What are the penalties for Violent Felonies?
If a “Violent Felony” charge is the most serious classification in the California Penal Code, the penalties are designed to be equally severe. At Grace Legal Group, we often tell our clients that a violent felony conviction doesn’t just result in a “sentence”—it creates a permanent legal status that affects you for the rest of your life.
Here is a breakdown of the primary penalties and sentencing enhancements for violent felonies under California Penal Code § 667.5(c).
Unlike many other felonies in California, violent felonies are almost always prison-presumptive.
No County Jail: Under realignment laws, many felons serve time in local county jails. However, those convicted of violent felonies must serve their time in California State Prison.
Ineligible for Probation: In most cases, judges are legally barred from granting probation for a violent felony. Prison is the mandatory outcome.
2. The “85% Rule” (Limited Conduct Credits)
One of the most significant penalties for a violent felony is how time is calculated.
Standard Felonies: Most inmates can earn “good time” credits and serve only 50% of their sentence.
Violent Felonies: Under PC § 2933.1, anyone convicted of a violent felony is capped at 15% conduct credit. This means you must serve a minimum of 85% of your sentence behind bars before you are even eligible for parole.
3. “Three Strikes” Enhancements
Every violent felony is a “Strike” on your record. This triggers California’s Three Strikes Law, which can exponentially increase your sentence:
Second Strike: If you have one prior strike (violent or serious) and are convicted of any new felony, your sentence is automatically doubled.
Third Strike: If you have two prior strikes and commit a new violent or serious felony, you face a mandatory minimum of 25 years to life in prison.
4. Financial Penalties and Restitution
In addition to prison time, defendants face:
Restitution Fines: These range from $300 to $10,000, regardless of whether the victim suffered financial loss.
Victim Restitution: You may be ordered to pay the victim directly for medical bills, lost wages, or property damage resulting from the crime.
5. Collateral Consequences (Life After Prison)
The penalties don’t end when you are released. A violent felony conviction carries “collateral” consequences that are often permanent:
Lifetime Firearm Ban: You lose your California right to own or possess a firearm for life.
Professional Licenses: You may be barred from holding licenses in healthcare, law, real estate, or education.
Immigration Status: For non-citizens, a violent felony is often classified as an “aggravated felony,” which leads to mandatory deportation and a permanent bar from re-entering the U.S.
4. What are legal defenses for Violent Felonies?
Defending a violent felony charge requires a deep dive into the facts. Here are the primary strategies used in Los Angeles courts:
1. Self-Defense or Defense of Others
This is the most common defense for crimes like assault, battery, or voluntary manslaughter. Under California law, you are permitted to use reasonable force to protect yourself or another person if:
You reasonably believed you were in imminent danger of bodily injury.
You believed the immediate use of force was necessary to stop that danger.
You used no more force than was reasonably necessary to defend against that danger.
Many violent felonies are “specific intent” crimes. For example, to be convicted of Attempted Murder, the prosecution must prove you specifically intended to kill the person.
Defense: If the incident was an accident or a result of reckless behavior without the intent to kill or cause great bodily injury, the charges may be reduced to a non-violent offense or dismissed entirely.
3. Mistaken Identity and Alibi
Violent crimes often occur in chaotic, fast-moving situations. Eyewitness testimony is notoriously unreliable.
Defense: We challenge the “identification” process. If the lighting was poor, the witness was under extreme stress, or the police used a suggestive lineup, the identification can be suppressed. Pairing this with a strong alibi—proof you were elsewhere when the crime occurred—can be a complete defense.
In cases involving domestic violence or sexual assault, it is not uncommon for allegations to be motivated by anger, jealousy, or a desire for leverage in child custody or divorce proceedings.
Defense: We conduct thorough background investigations to uncover motives for fabrication and use digital evidence (texts, emails, GPS data) to dismantle the accuser’s narrative.
5. Constitutional Violations (The Exclusionary Rule)
Even if there is evidence against you, it may be inadmissible if the police violated your rights.
Illegal Search and Seizure: If the police found a weapon or evidence without a valid warrant or probable cause.
Miranda Violations: If you were interrogated while in custody without being read your rights, your statements may be thrown out.
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5. What are related offenses to Violent Felonies?
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