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Serious Felonies & PC 1192.7

California penal code 1192.7 covers criminal procedural requirements for certain crimes in California. The crimes listed in 1192.7 are considered serious crimes and most those are classified as felonies; serious crimes; however, several of the offenses listed in 1192.7 may be classified as either a felony or as a misdemeanor.

The district attorney doesn't charge a defendant with the crime of PC 1192.7 because 1192.7 is not a criminal offense. Instead, when the defendant notices that the district attorney has charged him or her with a violation of PC 1192.7 it simply means that the underlying offense, or offenses, are considered "serious" under California law.

Strike Crimes: Serious felonies listed under PC 1192.7(c) are considered strike offenses and are therefore covered under California's Three Strike Sentencing laws. In general, strike offenses carry longer prison sentences for subsequent felony convictions.

In addition, most, but not all, serious offenses listed in PC 1192.7(c) require the defendant to serve a higher percentage of his or her prison sentence (up to 80% of the sentence for most offenses listed in PC 1192.7(c)). A few common exception are murder (100% of sentence); criminal threats (50% of sentence); and assault with a deadly weapon (50% of sentence).

The serious offenses listed in PC 1192.7(c) are usually prison presumptive crimes, which means that if the defendant is convicted of the serious crime then he or she must serve his or her time in a California state prison as opposed to a local county jail. It also means that the defendant may not split or suspend his sentence as part of a plea bargain between the criminal defense attorney and the district attorney (applies to most serious felonies but not all). Contact our criminal defense lawyers to learn whether or not a particular criminal charge is prison presumption, or subject to split or suspended sentencing).

Probation: Most, but not all, serious offenses listed in PC 1192.7(c) are ineligible for probation. This means that unless there are unusual circumstances in the defendant's criminal case the defendant will be denied a probation sentence. Unusual circumstances are generally drafted by the defendant's criminal defense attorney and include all the mitigating factors that distinguish the defendant's case as one that requires the equity of a probation sentence (as opposed to a sentence to state prison).

Bail: The serious offenses listed in PC 1192.7(c) generally carry higher bail amounts. Generally, without a noticed bail motion requested by the defendant and presented by his or her criminal defense attorney the defendant's bail will not likely be reduced by a judge in any PC 1192.7(c) related case.

Plea Bargaining: Plea bargaining is also limited for many of the serious offenses listed in PC 1192.7(c). For example, unless there is insufficient evidence to prove the district attorney's case, the district attorney is forbidden to plea bargain in any serious felony that accuses the defendant of personally using a firearm during the commission of a crime, or any felony driving under the influence of drugs or alcohol charge (DUI).

The list of crimes that are considered serious are found California penal code 1192.7(c). These crimes include, but are not limited to the following:

  • PC 1192.7(c)(1): Murder or Voluntary Manslaughter (PC 187 & 192)

  • PC 1192.7(c)(2): Mayhem (PC 203)

  • PC 1192.7(c)(3): Rape  (PC 261 262)

  • PC 1192.7(c)(5): Oral Copulation by Force (PC 287)

  • PC 1192.7(c)(6): Lewd Act on Child Under 14 (PC 288(a)

  • PC 1192.7(c)(9): Attempted Murder (PC 664/187(a))

  • PC 1192.7(c)(10): Assault to Commit Rape or Robbery (PC 209)

  • PC 1192.7(c)(18): First Degree Burglary (PC 459/460)

  • PC 1192.7(c)(20): Kidnapping (PC 207)

  • PC 1192.7(c)(25): Sexual Penetration with Object by Force (PC 289)

  • PC 1192.7(c)(31): Assault on a Police Office or Firefighter (PC 245(c))

  • PC 1192.7(c)(37): Witness Intimidation (PC 136)

  • PC 1192.7(c)(42): Conspiracy to Commit Any "Serious" Crime

 

If you or a loved one is charged with any criminal offense, including serious offenses pursuant to penal code section 1192.7(c), contact our criminal defense attorneys today for free consultation. Our criminal defense attorneys are available seven days a week to answers all of your criminal defense and criminal procedure questions. Call today!

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Criminal Defense Lawyers

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