What Is Considered a Violent Crime in California?

Posted on: October 1st, 2026 by Dod Law

Violent Crime in California

In California, a “violent crime” for sentencing purposes is any offense listed as a violent felony under Penal Code Section 667.5(c). Examples include murder, robbery, rape, carjacking, kidnapping, and any felony in which the defendant personally inflicts great bodily injury. A violent felony conviction counts as a strike, requires serving at least 85% of the prison term, and can expose repeat offenders to 25 years to life.  Learn more about violent crime in California.

By Dod Ghassemkhani | An Award-Winning Criminal Defense Attorney

If you or a family member has been charged with a violent offense in San Diego County, knowing how the law classifies the charge is the first step toward protecting your future.

Key takeaways

• California’s violent felony list is set by statute (PC 667.5(c)), and the Legislature can change it.
• People convicted of a violent felony generally serve at least 85% of their sentence. Many non-violent offenses allow 50% credit.
• Every violent felony is also a “serious” felony and a strike under the Three Strikes Law.
• Some charges, such as assault with a deadly weapon, become violent felonies only with added facts like great bodily injury or firearm use.
• Federal immigration law uses its own definitions, so a conviction can trigger deportation even when state classifications differ.

Which Crimes Are Violent Felonies Under PC 667.5(c)?

The statute lists specific offenses. These include:

• Murder and voluntary manslaughter
• Mayhem
• Rape and other forcible sex offenses
• Lewd or lascivious acts on a child under 14
• Any robbery
• Arson that causes great bodily injury or burns an inhabited structure
• Kidnapping
• Carjacking
• Assault with intent to commit rape, mayhem, or other specified sex offenses
• Continuous sexual abuse of a child
• First-degree residential burglary when someone other than an accomplice is present
• Any felony in which the defendant personally inflicts great bodily injury or uses a firearm
• Any felony punishable by death or life in prison
• Certain gang-related extortion and threats

A charge’s label does not settle the question. Prosecutors must prove every element, including any enhancement that turns an ordinary felony into a violent one. That is often where a defense begins.

Serious vs. Violent Felonies: What’s the Difference?

California keeps a second list of serious felonies under PC 1192.7(c). Every violent felony is serious, but many serious felonies are not violent. Examples of serious-only offenses include criminal threats, residential burglary with no one present, assault with a deadly weapon without great bodily injury, and human trafficking of a minor, which was added in 2024.

The distinction matters because both kinds of offense count as strikes, but only violent felonies carry the 85% custody requirement. In plea negotiations, reducing a violent charge to a serious one can mean months or years less behind bars.

How Does the Three Strikes Law Treat Violent Crimes?

• Second strike: With one prior strike, the sentence for any new felony is doubled, and custody credits are capped so the person serves about 80% of the term. For example, a robbery normally carrying two to five years becomes four to ten years.
• Third strike: Since the 2012 Proposition 36 reforms, a 25-years-to-life sentence generally applies when the new felony is serious or violent. A new violent felony with two prior strikes can bring a life sentence even if the prior convictions are decades old.

What Are the Long-Term Consequences?

A violent felony conviction follows a person well beyond the prison sentence:

• Firearms: Any felony conviction brings a lifetime ban on owning or possessing guns under state and federal law.
• Employment and licensing: Convictions appear on background checks. California’s Fair Chance Act limits when employers can ask about criminal history, but it does not bar them from considering it.
• Immigration: Non-citizens may face deportation if the offense is an “aggravated felony” or a “crime of violence” under federal law.
• Sex offender registration: Required for many sex-related violent felonies.

How Can a Violent Crime Charge Be Defended?

Effective defense strategies attack both the underlying accusation and the violent felony designation:

• Self-defense or defense of others: California does not require a person to retreat before using reasonable force against an imminent threat.
• Challenging great bodily injury: Disputing medical evidence that an injury was “significant or substantial” can remove the enhancement that makes a charge violent.
• Identity and evidence issues: These include eyewitness errors, unlawful searches, and gaps in forensic evidence.
• Negotiated reductions: A violent charge may be reduced to a non-violent or serious-only offense, or the case may be resolved through diversion where the defendant is eligible.

Act Now! Talk to a San Diego Violent Crime Defense Lawyer

Violent felony charges move fast, and early decisions shape the outcome. Dod Law defends people accused of violent crimes throughout San Diego County. Contact us today for a confidential consultation about your case.  Serving San Diego and Southern California.

Frequently Asked Questions

Disclaimer: The information provided in this blog is intended for general informational and educational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship with Dod Law or Dod Ghassemkhani, Esq. Every criminal case is unique, and the laws, legal principles, and procedures discussed may not apply to your specific circumstances.

You should not act upon or rely on any information contained in this article without first consulting a qualified criminal defense attorney regarding your particular situation. If you have been arrested, are under investigation, or are facing criminal charges in San Diego County and Southern California, contact Dod Law to schedule a confidential consultation with Dod Ghassemkhani, Esq., and receive legal guidance tailored to your case.