Penal Code § 1192.7(c) defines California’s “serious felony” categories. If a new charge or an alleged prior is labeled serious, the useful question is which paragraph applies and what that paragraph requires. Some entries name an offense; others require additional facts, such as personal firearm use. A shorthand charge name or rap-sheet code may not resolve the classification. The serious-felony label can matter in different ways, but it is not itself a sentence.
What does the current list include?
The current § 1192.7(c) contains 43 numbered paragraphs. The following are selected excerpts and examples, not the full statutory list:
| Type of entry | What to compare with the allegation |
|---|---|
| Named crime | Paragraph (18) says “any burglary of the first degree.” If the old or current record says burglary, identify its degree rather than assuming every burglary fits. Paragraphs (19) and (38) expressly include robbery or bank robbery and criminal threats under § 422, respectively. |
| Conduct-dependent felony | Paragraph (8) covers specified felony circumstances involving the defendant’s personal infliction of great bodily injury or personal firearm use. Paragraph (23) addresses personal use of a dangerous or deadly weapon. The personal-use or injury requirement is not supplied merely by a generic offense title. |
| Other specified statutory category | Paragraph (28) refers to a felony offense that would also constitute a felony violation of § 186.22. Paragraphs (24), (37), (40) and (42) have their own offense, circumstance or exception language; a cited code number alone should be checked against the full paragraph. |
| Attempt or conspiracy | Paragraph (39) covers an attempt to commit a listed crime other than an assault; paragraph (43) covers conspiracy to commit an offense described in the subdivision. Check the actual allegation and the underlying listed offense. |
For example, the quoted first-degree-burglary phrase is exact statutory text from paragraph (18), but the table does not reproduce all of paragraph (c). Read the complete official statute before deciding whether a specific count fits. Do not treat every charge that sounds violent as a listed serious felony, or every listed serious felony as a “violent felony” under the separate § 667.5(c) definition.
Why does the classification matter in a pending case?
Different statutes use this list for different decisions. Section 667(d)(1) incorporates § 1192.7(c) serious felonies, alongside § 667.5(c) violent felonies, when defining a prior under the Three Strikes sentencing law. The prosecution generally must plead and prove a qualifying prior under § 667(f), which also permits an allegation to be dismissed or stricken on the grounds it specifies; an allegation on a complaint is not a finding that it qualifies. The prior’s jurisdiction, conviction date and disposition can raise additional questions under § 667(d). For Three Strikes, § 667(h) fixes its references in subdivisions (c)–(g) to statutes as they existed on November 7, 2012; the present-day list alone does not settle a strike-prior question.
The firm’s Three Strikes guide explains the broader sentencing framework discussed here.
A separate § 667(a) five-year enhancement has its own conditions: a present serious-felony conviction and a qualifying prior serious-felony conviction, with the statutory requirements concerning how prior charges were brought and tried. It is not an automatic consequence of seeing “1192.7(c)” on a form. Section 1192.7(a)(2) also restricts plea bargaining when an indictment or information charges a serious felony, but it states exceptions, including insufficient evidence and an unavailable material witness. Classification, proof and the applicable consequence are separate inquiries.
Which records should counsel compare?
Start with the current complaint or information and the specific paragraph of § 1192.7(c) alleged. If the allegation rests on a prior conviction, collect its charging document, plea or verdict, judgment, and any finding about injury, weapon use, offense degree or other required fact. Compare the exact statute and subdivision in those records with the current allegation. Do not infer that an arrest entry, case summary or charge originally filed proves what was ultimately adjudicated.
If you face a felony charge or alleged strike, the Law Offices of David S. Chesley can review the actual papers and discuss the next criminal-case decision. Contact the firm or call (800) 755-5174.