Violent felonies are specific, severe crimes that have serious penalties under California Penal Law. They involve actual physical violence, and sometimes the use of dangerous weapons like guns and other deadly weapons. Some involve the infliction of serious bodily injury and others death. That is why a conviction for a violent felony results in serious legal consequences, including a lengthy prison sentence, a hefty court fine, and a damaging criminal record.

If you face charges for a violent felony, it helps to work closely with a competent criminal attorney for advice, legal guidance, and defense. An attorney can also defend your rights and influence the outcome of your case.

Legal Meaning of Violent Felonies

A violent felony is any serious crime that involves the use of physical force against another person. It can involve the use of actual physical force, an attempt to use physical force, or threats of physical force against a person. Violent felonies also involve most property or public safety crimes, like burglary and arson, that could likely result in serious physical harm. The law categorizes felonies as violent felonies based on the nature of the crime and the potential harm it can cause. Thus, you can be charged with a violent felony even if no one is hurt, as long as there is a possibility that someone could have been harmed because of your actions.

Because of the serious nature of violent felonies, they are among the most severely penalized offenses under the law. All violent felonies result in a lengthy prison sentence and a hefty court fine. Other consequences apply, including the loss of certain civil rights, like gun rights. Some violent felonies also have serious immigration consequences for immigrants. This means that a conviction for a violent felony can result in deportation or inadmissibility.

Under California Penal Code Section 667.5, there is a long list of violent felonies, which include the following:

  • Murder under California Penal Code Section 187, and attempted murder
  • voluntary manslaughter under California Penal Code Section 192(a)
  • Mayhem, which, according to California Penal Code Section 203, happens when a person maliciously and unlawfully commits an act that disfigures, disables, and deprives another person of a member of their body, organ, eye, tongue, lip, nose, or ear.
  • Rape, as defined under California Penal Code Section 261, including rape and sexual penetration in concert (PC 264.1)
  • Sodomy, as defined under California Penal Code Section 286. Although sodomy is generally legal between two consenting adults, it is a crime when done without consent, or through force or fear. It is also unlawful when performed against a minor.
  • Oral copulation of a minor, as under California Penal Code 287
  • Lewd and lascivious acts against a minor
  • Robbery and all related crimes, including first-degree robbery, second-degree robbery, and burglary
  • Assault while committing a specific felony, as defined under California Penal Code Section 220
  • The continuous sexual abuse of a minor, as defined under California Penal Code Section 288.5

Violent felonies also include all felonies punishable by life imprisonment or death. Examples include murder, aggravated robbery, treason, drug trafficking, kidnapping, and carjacking.

They also include any felony through which the perpetrator inflicts a serious bodily injury on their victim. Examples include aggravated battery (PC 243(d)), assault likely to produce great bodily injury (PC 245(a)(4)), and any other felony in which the judge is likely to impose a great bodily injury enhancement under California Penal Code Section 12022.7.

Violent felonies Vs. Serious Felonies

Violent and serious felonies are sometimes used interchangeably, but they are different. Although violent felonies are considered serious felonies, not all serious felonies are violent crimes. This means that serious felonies are the general category that also contains violent felonies.

Remember that violent felonies strictly involve the use of physical force. It can be that the perpetrator used actual physical force, attempted to use physical force, or threatened to use physical force in the commission of a crime. On the other hand, a serious felony includes all crimes that are considered extremely dangerous and harmful to society, including those that do not include the use of physical force.

Examples of serious felonies that are not violent are:

  • First-degree burglary, which includes entering an inhabited structure to commit a felony, even if no one is in the structure or is hurt
  • Issuance of criminal threats, as defined under California Penal Code Section 422
  • The sale and distribution of controlled substances to a minor
  • Grand theft of a firearm, even if no threat or violence was involved
  • Victim or witness intimidation, which entails preventing or dissuading a victim or witness from reporting a crime or testifying during a trial. This is still a serious felony even if no physical force or threats of violence are used.

Violent Felonies Attract Lengthy Sentences

Crimes, under California law, are categorized as infractions, misdemeanors, and felonies. Infractions are minor offenses punishable only by a court fine and do not involve an arrest or criminal trial, whereas felonies are more serious. Generally, felonies carry a longer prison sentence of more than one year.

Felonies are further categorized into straight felonies and wobblers. Wobblers are felonies that can also be charged as misdemeanors, based on the facts of a case and the defendant’s criminal history. Felonies are also classified by severity and legal category. Under this categorization, there are serious felonies, violent felonies, white-collar felonies, sex-related felonies, and drug-related felonies. Judges impose penalties at sentencing based on the nature and severity of a felony.

That is why violent felonies attract longer sentences than most felonies under the law. This is because they include the use of physical violence or threats of violence against a person or people. They can also result in physical harm or death.

In addition to the penalties provided under the law for the violent felony, the judge will likely enhance your sentence upon conviction by three years for every previous conviction you have on your record for a violent felony. This enhancement is imposed in addition to any other enhanced sentence you could be subject to, according to the facts of your case.

If your conviction is of a non-violent felony, and you have a previous violent felony conviction on your record, the judge will also likely enhance your sentence. For example, if the conviction is for non-violent felonies that result in a jail sentence and not a prison sentence under California Penal Code Section 1170(h), the judge will enhance your penalty by a year for every conviction for a violent offense on your record within five years.

Violent Felonies and the Three Strikes Law

The three-strikes law, as defined under California Penal Code Sections 667 and 1170.12, imposes increased prison sentences on repeat offenders convicted of serious or violent felonies. Serious and violent felonies are called strikes under this law. Having a prior conviction for a strike affects the sentencing for a current strike conviction. This is another way in which a conviction for a violent felony results in a longer prison sentence.

There are three main sentencing tiers under the three-strikes law. The first strike, which you receive when you are convicted of a serious or violent felony, is penalized according to the law. This means that the standard sentencing rules will apply in your case as long as you do not have a prior strike on your record. However, the second strike is treated differently. If you have a prior strike conviction on your record, a current conviction for a strike is punishable by double the penalties provided under the law for the current strike. 

A third strike, which happens when you already have two prior strike convictions on your record, is treated more harshly. This is because it carries a 25-year-to-life-in-prison sentence.

For California Penal Code Section 667.5, a previous conviction counts as a strike regardless of where it happened. This means that even a conviction in another state will likely affect your sentence for a current violent felony. However, this applies under the following circumstances:

  • When a crime that happened in another state counts as a felony in California
  • If you served a minimum of one year in jail or prison for the crime in another state

Sentencing Enhancement for Violent Felonies

Sentencing enhancement is a law or rule that judges use to impose additional penalties on top of the base sentence for a particular crime. This mainly happens whenever there are aggravating factors in a case, including the use of a firearm, the involvement of a minor, or the infliction of a great bodily injury. The additional penalties can include court fines, jail or prison time, or mandatory minimum jail or prison sentences.

Under California penal law, sentencing enhancements are very common with violent felonies. They apply, regardless of any additional penalties a convicted offender has received for the crime. Sentencing enhancements for violent felonies are imposed according to California Penal Code Section 12022. There are different reasons why a judge may enhance your sentence after a conviction for a violent felony, including the following:

According to the Three Strikes Law

This enhancement happens when you have one or multiple strike convictions on your criminal record, as previously discussed.

When a Firearm or any Other Deadly Weapon is Used

When you use a firearm to commit a violent felony, the judge will likely enhance your sentence. The actual enhancement will depend on the exact details of your case. For example, if you personally use a firearm to commit a violent felony, you could receive an additional ten years to your prison sentence. If you intentionally discharge a firearm, the judge could enhance your prison sentence by twenty years. If you seriously hurt or kill a person, the enhancement could be for twenty-five years or life in prison.

Committing a violent felony while armed with a dangerous weapon will also result in an enhanced sentence. Carrying a firearm while committing a felony results in an additional one to three years to your sentence, even if you did not use the firearm.

When a Crime Results in Great Bodily Injury

A sentencing enhancement applies when the victim of your crime suffers a great bodily injury. A great bodily injury is any significant physical injury that is more severe than a minor or moderate injury. It does not include financial loss, emotional trauma, or superficial scratches. The judge evaluates an injury to determine whether it meets the threshold for a great bodily injury for this enhancement.

Examples of great bodily injuries include stab and gunshot wounds, broken bones and fractures, significant second and third-degree burns, disfigurement, brain trauma, concussions, wounds that require extensive medical care or suturing, and any temporary or permanent disfigurement to your body.

Gang-Related Sentencing Enhancements

This imposes an additional and consecutive sentence if you commit a violent felony for the benefit of, or in connection with, an unlawful gang.

Note: The judge can enhance your sentence if you commit a violent felony against a minor, dependent adult, or older adult. The exact enhancement depends on the specific nature and severity of your crime.

Parole Eligibility for Violent Crimes

Parole is a conditional release of prisoners from jail or prison after they have served a portion of their sentence. Instead of keeping a prisoner in prison for the full term of their sentence, the judge can grant parole, allowing them to return home and to their community under strict, specific conditions. The prisoner can work and care for their family while completing their sentence.

Parole can benefit you after a conviction for a violent felony because of the lengthy prison sentences that are imposed upon conviction. However, eligibility for parole after a violent felony conviction is not as common as parole eligibility for those convicted of a non-violent felony. However, judges grant parole on a case-by-case basis. You have to meet strict criteria to qualify. Generally, judges consider whether your sentence is determinate (a fixed number of years) or indeterminate (a life sentence with a minimum prison term). Additionally, you must serve at least 85% of your sentence before you are considered for parole.

If you receive a determinate sentence for a violent felony, the judge can grant a mandatory release to start your parole supervision once you complete 85% of your court-imposed sentence. You could also be eligible for a credit restriction, which earns you 15% or more of work time or good behavior credit.

If you receive an indeterminate sentence, the judge can include a minimum eligible parole date in your sentence or a provision for a suitability hearing. Some serious violent felonies with more serious penalties, like life in prison, do not include any parole provision.

Possible Legal Defense Strategies for Violent Felonies

An arrest and criminal charge for a violent felony does not automatically mean that you are guilty. A legal process, like a trial, must be conducted to determine whether you are guilty. The advantage of such a process is that you can defend yourself with evidence to influence the outcome of your case. Fortunately, with the help of an experienced criminal defense attorney, you can use strong defense strategies that could cause the court to dismiss or reduce your charges. Some of the strategies that may work even for a serious violent felony include the following:

You Are Falsely Accused

You can use this defense strategy to fight your charges if you are accused of a crime you did not commit. This can happen if someone files false accusations out of jealousy or to seek vengeance. Your attorney can use irrefutable evidence, like communication between you and your accuser, or your alibi, to prove that you did not commit the crime.

You Were Acting in Self-Defense

It is possible to use force or violence when defending yourself or another person against imminent danger. Self-defense is legally allowed if you use reasonable force to protect yourself or another person from harm.

Your Actions Were Accidental

You can use this defense strategy if you accidentally harm another person. However, you must prove that your actions were not deliberate, and you did not have criminal or unlawful intention.

The Police Violated Your Civil Rights

You may obtain a favorable outcome in your case if you speak against the violations of your civil rights by the police. For example, you can demonstrate that the police used unlawful force against you, your arrest was unlawful, or you were subjected to an unlawful search and seizure. If any of these is correct, the judge can dismiss your charges.

Find a Competent Criminal Attorney Near Me

Do you or someone you love face criminal charges for a violent felony in Los Angeles?

You could receive a severe penalty and face life-altering consequences if you are convicted. However, you can change the outcome of your case with the help of a competent criminal attorney.

At Los Angeles Criminal Attorney, we understand how devastating a conviction for a violent felony can be. We can develop the best defense plan for you, help you navigate all court processes, and fight for your rights. Call us at 424-333-0943 to discuss your legal situation and our services further.