IPC 1192.7 – What is it?
California defines certain offenses that are considered Serious, and they are listed under PC 1192.7. Crimes that are listed under PC 1192.7 are almost exclusively felony offenses, but some are misdemeanors meaning the underlying charge is a wobbler offense. It is not a crime or charge that you can be charged with, nor is there a particular sentence you can get if you see this charge involved with your case. Rather, this section mentioned on your Complaint (the charging document), means that the offense you are charged with is one of the serious offenses listed under PC 1192.7
IIWhat are the most common charges listed under PC 1192.7(C)?
You can find the entire list of crimes that are considered serious here.
The most common are :
- Criminal Threats
- Sexual Penetration with a Foreign Object
- Lewd Act on a Minor under 14
- Oral Copulation by force or fear
IIIHow does having a crime listed under PC 1192.7 affect the outcome of my case?
Most charges that fall under this section will require you to serve a longer percentage of time in custody. Most commonly, crimes are considered “50%” crimes under PC 4019. What this means, is you earn a day for credit for each day you earn. That would mean if you are sentenced to 2 years in a State Prison, if it is a PC 4019 offense, you would earn two days for every day you spend in custody, and would likely serve no more than a year of the 2 year sentence. This is also referred to as Good Time Credits. However, most offenses that are listed under PC 1192.7(c)(1), are a higher percentage, up to as much as 80 or 85%. Therefore, if you were to be sentenced to 10 years in a State Prison, you could serve up to 8 years of that sentence or 8.5 years, depending on the percentage requirement the law affords your specific charge. Murder is the only charge where you would be required to serve 100% of that sentence, with no Good Time Credits being available to you.
Charges listed in this section are also generally presumptive prison offenses, meaning you would serve your time in a State Prison based on the charge being found under the PC 1192.7 list, and you would not be able to serve that time in County Jail or through a suspended sentence or split sentence. This also would mean your case would be generally ineligible for Probation and County Jail time, meaning it is presumed, based on the charges, that you would have to go to State Prison at best, through a plea agreement. There are unusual circumstances where this can be different, if for example there is good mitigating evidence in your favor, or that your Criminal Defense Attorney can obtain to help move your case back to a Probation, and non-State Prison type of case.
Bail will also be much higher in charges that are listed under PC 1192.7. The reason for this, is a Judge must consider the safety of the community in setting the bail amount for your or your loved one’s case. For a charge to fall under the charges listed in PC 1192.7(c)(1), it would mean a Judge is much more likely to consider the accused a danger to the community, so it would be unlikely for there to be any kind of Own Recognizance release.
Finally, some circumstances, under PC 1192.7(a)(3), the Prosecutor is forbidden by law to plea bargain unless there is insufficient evidence to prove the case against you or your loved one, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. The Prosecutor must also explain on the record why a different sentence was sought by their office in defiance of this section.
IVIs a Serious Felony crime a Strike?
Yes, any felony violation that falls under the category of PC 1192.7(c)(1) would be considered a Strike offense under the California Three Strike’s Law. This generally means a longer potential State Prison commitment, if you are convicted under this section. A strike conviction also increases any future felony charges you may receive by doubling the exposure, or maximum Prison commitment, on the new felony charge.
If you are a loved one see that your criminal charge falls under PC 1192.7, you must seek out an attorney that knows the implications of a serious felony charge, and knows ways to best help. Being well versed in cases under this section affords your attorney the added bonus of being able to negotiate a plea bargain that could potentially avoid the nagging presumption of prison for your case. Your attorney can also work towards trying to mitigate and reduce the charges and your potential sentence by poking holes in the Prosecution’s case, showing how they cannot prove what they claim they can, and why. These are among the most serious charges you can face, and here at Inland Empire Criminal Defense, we’ve handled hundreds of cases involving every kind of charge listed in PC 1192.7(c)(1), and we can help you too. Call your local Ontario Criminal Defense Attorney today at the Inland Empire Defense 909-939-7126. Located in Ontario.