Call Us Now
Email Us NowHelping Clients Seek Justice and Preserve Their Freedoms
Facing charges for violent crimes may be one of the most terrifying experiences a person can go through. Violent crimes fall under some of the most severe penalties under the California penal code, including a life sentence in prison. Those accused of violent crimes often suffer a great deal of prejudice, which unfairly places innocent individuals in prison.
Our legal team is dedicated to ensuring those accused of violent crimes enjoy their rights to the fullest, such as the right to privacy, the right to remain silent, and the right to legal defense. If you are under arrest for a violent crime, please reach out to our confident, aggressive team of legal professionals immediately. We will listen carefully to your story and coach you through the complex California justice system.
When you are under arrest for a crime, you need immediate legal counsel to help you interact with law enforcement officers and prevent accidental self-incrimination. Our criminal defense lawyer will also help you construct a powerful defense to prevent you from receiving the maximum sentencing. Call us now at 760-993-3720 to schedule your free consultation with our talented legal team.
What’s the Difference Between Assault and Battery in California?
In California, assault and battery are distinct offenses:
- Assault (CA Penal Code 240) is an attempt to use force against another person. It doesn’t require physical contact, just the attempt or threat of violence.
- Battery (CA Penal Code 242) is the actual use of force or violence against someone else. It requires physical contact.
While often charged together, it’s possible to be charged with assault without battery or vice versa. Both can be misdemeanors or felonies, depending on the circumstances and severity.
What Are Some Common California Violent Crimes?
Violent crimes in California are defined as offenses that cause harm or threat of harm to another person. Some of the most serious violent crimes involve malice aforethought. However, some crimes, such as manslaughter charges, may be brought against you if you acted in the heat of the moment without premeditation.
Some examples of violent crimes include:
- Assault and battery
- Shaken baby/Infant death
- Assault with a deadly weapon
- First-degree Murder
- Involuntary manslaughter
- Second-degree murder
- Aggravated assault
- Rape
- Kidnapping
- Voluntary manslaughter
- Robbery
- Domestic violence
Many violent crimes result in harsh penalties that can greatly affect your life now and in the future. If you or a loved one was accused of unlawful killing, child abuse, or another violent crime, you can still avoid a criminal conviction and protect your freedom. Contact The Sullivan Defense, APC to fight your violent crime charge and restore your good name.
What Penalties Will I Face for a Conviction According to the California Penal Code?
The penalties for violent crimes depend largely on the details surrounding the incident. For example, whether the accused has prior convictions or possessed a deadly weapon. Violent criminal offenses are often prosecuted aggressively, which means you could face harsh penalties for a conviction. Even if you did not follow through on a threat to inflict bodily harm on another person, you could still face an assault or criminal threats charge.
A violent felony, such as murder/manslaughter, rape, or kidnapping, often results in the most severe penalties. In California, this oftentimes means a life sentence. Furthermore, the death penalty is still available to prosecutors in California. And while there has not been an execution of a prisoner in California since 2006, Riverside County prosecutors seek the death penalty at an alarming rate. In fact, according to statistics published by the ACLU, from 2015 to 2019, Riverside County prosecutors secured over 33% of California’s death sentences, despite representing only 6% of California’s population.
Some other consequences that many people don’t think about include the social and financial hardship caused by a violent crime on your criminal record. Being convicted can mean the loss of professional licensing, resulting in job loss and difficulty finding future employment. You may even be limited on where you can live, depending on the nature of your violent crime. Call our violent crimes lawyer today for help constructing a criminal defense that protects your rights and minimizes your sentencing.
How Does California’s Three Strikes Law Affect Violent Crime Sentencing?
California’s Three Strikes Law can significantly impact sentencing for violent crimes, including, but not limited to:
- First Strike: A conviction for a serious or violent felony counts as a “strike” on your record.
- Second Strike: If you’re convicted of another strike (or even a non-strike felony), your potential sentence is doubled.
- Third Strike: If convicted of a third felony strike with two prior strikes, you face a minimum of 25 years to life in prison.
Not all felonies count as strikes, but many violent crimes do. The Three Strikes Law makes it crucial to fight vigorously against any violent crime charge, as the long-term consequences can be severe.
How Can a Criminal Defense Lawyer Help Me with My Criminal Charges?
Having a trusted legal representative on your side is crucial when facing charges of a violent crime in Southern California. A solid violent crimes defense can mean the difference between a lifetime in state prison and freedom. Your lawyer can also ensure that law enforcement officials respect your rights.
Some other ways a criminal defense attorney can help include:
- Getting murder charges and other serious charges reduced
- Negotiating a plea deal on your behalf
- Representing you during police questioning
- Ensuring police officers respect your rights during the arrest and investigation
- Tailoring a defense around the strongest points of your side of the story
Don’t take any chances when it comes to the catastrophic effects of a violent crime conviction. You deserve excellent legal help when confronting such a serious issue. Call our team of criminal defense attorneys for legal listen carefully to what happened carefully to your story and guide you through the complex California legal system.
Can self-defense be used as a legal defense for violent crimes in California?
Yes, self-defense can be a valid legal defense for violent crimes in California. To successfully claim self-defense, you must prove:
You reasonably believed you (or someone else) were in imminent danger of bodily harm.
You reasonably believed that immediate use of force was necessary to defend against that danger.
You used no more force than was reasonably necessary to defend against that danger.
California also has a “stand your ground” law, meaning you have no duty to retreat before using force in self-defense. However, these cases can be complex, and it’s crucial to have an experienced attorney evaluate your specific situation.
What Is the Statute of Limitations for Violent Crimes in California?
The statute of limitations for violent crimes in California varies depending on the specific offense:
- Murder: No statute of limitations
- Aggravated rape: No statute of limitations
- Other violent felonies (e.g., robbery, aggravated assault): Generally 3 years, but can be longer in certain circumstances
- Domestic violence: 3 years for felonies, 1 year for misdemeanors
It’s important to note that there are exceptions that can extend these time limits, such as new DNA evidence. If you’re facing charges for an old offense, it’s crucial to consult with an attorney to determine if the statute of limitations applies in your case.
Can Violent Crime Charges Be Expunged from My Record in California?
In California, some violent crime convictions can be expunged, but the process is complex, and not all convictions are eligible:
- Misdemeanor convictions are generally eligible for expungement if you’ve completed probation and are not currently charged with another offense.
- Some felony convictions can be expunged if they meet certain criteria.
- Certain serious violent felonies, particularly those resulting in prison sentences, are not eligible for expungement.
Even if expungement is possible, it doesn’t completely erase the conviction from your record. However, it can help with employment and housing opportunities. The best approach is to fight the charges vigorously from the start with an experienced defense attorney for violent crimes.
Remember, every case is unique. For personalized advice about your situation, contact The Sullivan Defense, APC, at 760-327-1529 for a confidential consultation.
Should You Hire Our Southern California Violent Crime Lawyers?
Facing violent crime charges can be frightening and confusing. Many people regret the actions that lead to charges for violent crimes, and simply plead guilty out of emotion, without regard for the law. Oftentimes those same people have valid defenses to the charges they face. Do not make the mistake of assuming you know exactly how the law applies to your case before speaking with a lawyer.
The prosecution will not waste any time developing a strong case against you. You shouldn’t waste time, either. Call immediately to get assistance from our criminal defense attorney as you deal with police investigations, interrogations, and negotiations. We will leverage our experience, honesty, and dedication to get you the most favorable results possible, no matter what obstacles you’re facing.
You can reach us at 760-993-3720 to schedule a complimentary case review with our talented legal team.