California Serious Felonies Law & Defense
California Penal Code 1192.7(c)
California penal code 1192.7 covers criminal procedural requirements for certain crimes in California. The crimes listed in 1192.7 are considered serious offenses. The serious crimes listed in 1192.7 are mostly classified as felonies; however, several of the offenses listed in 1192.7 may be classified as either a felony or as a misdemeanor.
What does PC 1192.7 mean on my charging documents?:
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 criminal law.
Procedural issues with PC 1192.7(c) 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 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.
Most serious offenses listed in PC 1192.7(c) are considered presumptively 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).
The serious offenses listed in PC 1192.7(c) generally carry higher bail requirements; therefore, without a noticed bail motion presented by the criminal defense attorney the bail will not likely be reduced by a judge.
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:
Witness Intimidation (PC 136)
If you or a loved one has been charged with any criminal offense that is considered serious under California penal code section 1192.7(c), contact criminal defense attorney Christopher Dorado today.
Attorney Dorado dedicates 100% of his law practice to the defense of the accused. Our office has successfully handled hundreds of criminal cases. Our record at trial on serious crimes is unsurpassed. Our initial consultations are always free and our criminal defense attorneys are available 24/7 to answers all of your criminal defense and criminal procedure questions. We can even assist in the bail process if necessary.
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Sampling of serious crimes listed in PC 1192.7(c)
1192.7(c)(1) Murder or Voluntary Manslaughter
1192.7(c)(4) Sodomy by Force
1192.7(c)(5) Oral Copulation by Force
1192.7(c)(6) Lewd Act on Child Under 14
1192.7(c)(7) Any felony punishable by life in prison
1192.7(c)(9) Attempted Murder
1192.7(c)(10) Assault to Commit Rape or Robbery
1192.7(c)(18) First Degree Burglary
1192.7(c)(25) Sexual Penetration with Object by Force
1192.7(c)(31) Assault on a Police Office or Firefighter
1192.7(c)(37) Witness Intimidation
1192.7(c)(42) Conspiracy to Commit Any "Serious" Crime
More Criminal Defense Topics
- Prop 36
- Prop 47
- Prop 57
- Three Strikes Law
- Sex Offender Registration
- Criminal Conviction & Professional License
- Restoring Your Rights to Own Firearms
- Serious Felonies & 1192.7 Crimes
- Violent Felonies & 667.5 Crimes
- Work Release & House Arrest
- Certificates of Rehabilitation
- DMV Hearings for DUI
- California Pardons
- Immigration Consequences for Convictions
- DUI Class Lists Inland Empire
- PC 1170h Sentencing
- Jail & Inmate Information
- Bail Information
- Criminal Appeals
- Defenses to Crime