While any arrest would make most people worry, when the crime at issue is a violent crime, even the toughest may shudder. Unlike so-called minor or non-violent crimes, those crimes deemed to be violent typically carry with them substantial penalties, and, in most cases, substantial prison time which may include life in prison or capital punishment.
Being accused of any crime, let alone a violent crime should necessitate the retention of an experienced criminal defense attorney, especially one with experience in violent crimes, to ensure that the defendant can establish as aggressive and effective defense as possible.
But, just what is a violent crime? Unfortunately, violent crime definition is not as cut and dry as one would expect. Like the phrase assault weapon, a violent crime may mean different things to different legislatures in different States, as this article illustrates.
What Are The Different Types Of Violent Crimes In California?
Under California’s violent felony statute, the state has formally designated the following offenses as violent crimes:
- Murder or attempted murder, or voluntary or involuntary manslaughter;
- Mayhem, or deliberately causing a permanent disfigurement of another;
- Rape (including spousal rape), sodomy, oral copulation, or sexual penetration;
- A lewd or lascivious act;
- An act in which the defendant inflicts great bodily injury on another;
- Domestic violence;
- Robbery;
- Arson;
- Kidnapping or false imprisonment;
- Assault with the intent to commit a specified felony, or assault with a deadly weapon;
- Battery or battery on a peace officer
- Continuous sexual abuse of a child;
- Stalking;
- Carjacking;
- Extortion;
- Criminal threats; and
- First degree burglary;
What Are The Penalties For Violent Crimes?
Violent crimes are treated with extreme seriousness by the California criminal justice system, and any individual convicted of this kind of crime should expect to be prosecuted to the fullest extent of the law. Since most violent crimes are felonies, it can be expected that any prison term will be greater than one year in a California State prison. Moreover, fines, probation, and other court-mandated actions may also be assessed against the convicted individual.
Additionally, although an individual convicted of a violent crime can be expected to spend substantial time in prison, there is an even greater and more devastating consequence that will await the individual upon release from prison. Repercussions of a conviction can extend beyond the penalties themselves. By way of example, convicted individuals may face limited opportunities in both the job and housing markets. Most professional licenses will be revoked, and the ability to obtain such a license after release will be severely curtailed. Most property owners will be hesitant to rent to individuals with a violent crime on his/her criminal record. Additionally, the ability to obtain credit will also be drastically reduced. Finally, in many cases, even if the convicted individual had financial stability prior to conviction, the sheer cost of the trial will most likely deplete this stability, in addition to any fines that are assessed.
The 85% Rule. A conviction for a designated violent felony triggers one of the most consequential sentencing rules in California law: the defendant must serve at least 85% of their prison sentence before being eligible for release. This contrasts sharply with most non-violent felonies, where defendants can earn good-time credits that reduce time actually served to roughly half of the imposed sentence. The 85% rule dramatically increases real-world prison time and is one of the most important reasons that the “violent crime” classification matters so much in sentencing decisions and plea negotiations.
Violent Crimes vs. Serious Felonies. California maintains two related but distinct lists of enhanced-penalty offenses: violent crimes and serious felonies. All violent crimes are also classified as serious felonies, but the reverse is not true. Both categories count as strikes under the Three Strikes Law, but only violent crimes trigger the 85% rule and the most restrictive parole limitations. This distinction often becomes a central focus of plea negotiations, because reducing a charge from the violent list to the serious-only list can substantially change the sentence a defendant ultimately serves.
Why the “Violent Crime” Label Matters Beyond Sentencing?
The classification of an offense as a violent crime affects far more than the headline prison term. It also influences bail decisions, as judges rarely grant low bail or release on one’s own recognizance in violent felony cases. It limits eligibility for early parole consideration under California’s parole reform measures, which generally exclude violent felonies. It typically forecloses access to diversion programs and alternative sentencing options. It restricts good-time credit calculation, which is capped at 15% for violent felonies compared to up to 50% for non-violent ones. And it carries significant immigration consequences, since most violent crimes qualify as “aggravated felonies” under federal immigration law, triggering deportation for non-citizens regardless of how long they have lived in the United States. Because so many downstream consequences flow from this single classification, defense strategy in these cases often focuses on negotiating the charge down to a lesser offense that is not on the state’s violent crime list.
How the Three Strikes Law Affects Violent Crime Cases?
California’s Three Strikes Law is one of the toughest repeat-offender sentencing schemes in the United States, and it sits at the center of nearly every violent crime case in the state. A defendant with one prior strike on their record faces a doubled sentence for any new felony conviction, so a robbery that would ordinarily carry five years becomes ten. A defendant with two or more prior strikes can face 25 years to life in state prison for any new serious or violent felony, regardless of how much time has passed since the earlier convictions.
Because every offense on California’s violent crime list automatically counts as a strike, even a single prior violent conviction can dramatically change the outcome of a future case. Probation is unavailable when a strike enhancement applies, and sentences imposed under Three Strikes run consecutively to any other sentence rather than concurrently. For this reason, defense strategy in violent crime cases often focuses on two parallel goals: defending the current charge on the merits, and challenging whether any prior conviction should be treated as a strike at all.
Do you need a Criminal Defense Attorney for Violent Crimes in California?
Yes, and the sooner the better. Violent crime cases are among the most aggressively prosecuted matters in California, and the consequences of conviction extend far beyond prison time, affecting parole eligibility, immigration status, professional licensing, housing, and firearm rights for life. The decisions made in the first 48 hours after an arrest often shape the entire trajectory of the case.
If you or someone you love has been arrested for a violent crime in Los Angeles, Orange County, or anywhere in Southern California, contact the criminal defense attorneys at Manshoory Law Group as soon as possible. Our firm focuses exclusively on criminal defense and has years of experience handling the full range of violent crime cases. Attorneys are available 24/7. Consultations are free, and flexible payment plans are available. Contact our lawyers today to discuss your case.
FAQ
Is assault with a deadly weapon considered a violent crime in California?
Not always. Assault with a deadly weapon is a “wobbler” that can be charged as a misdemeanor or felony. It only counts as a violent crime when paired with a great bodily injury enhancement, which triggers strike status and the 85% rule.
What is the 85% rule for violent crimes in California?
The 85% rule requires anyone convicted of a designated violent felony to serve at least 85% of their prison sentence before release. For most non-violent felonies, defendants can earn credits that cut actual time served to roughly 50%.
Does every violent crime conviction count as a strike under the Three Strikes Law?
Yes. Every offense on California’s violent crime list automatically counts as a strike. A single strike doubles the sentence for any future felony conviction, and a second or third strike can result in 25 years to life in state prison.
What is the difference between a violent crime and a serious felony in California?
All violent crimes are also serious felonies, but not all serious felonies are violent. Both count as strikes, but only violent crimes trigger the 85% rule. Reducing a charge from violent to serious-only can significantly shorten time served.
Can a violent crime conviction be expunged in California?
Generally no. Most violent felony convictions are not eligible for expungement, especially when the sentence involves state prison. This makes fighting the violent crime classification at the charging or plea stage critical, because it’s very hard to undo later.