Violent Crimes & what you need to know
Violent crime charges are taken very seriously in California. A conviction could result in up to life in prison and, in limited circumstances, the death penalty. Bail costs are extremely high, and in some cases there is no bail at all. Other penalties may include time in the county jail, expensive restitution, court fines, community service, formal or informal probation, community service, anger management counseling, a gang injunction, and/or parole. If there are weapon-related or gang-related charges the possible prison time will be increased.
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TYPES OF VIOLENT CRIMES
According to California law, a violent crime is a criminal act in which a person threatens to, attempts to, or actually causes physical harm to another. In most cases there is a victim who has suffered either physical or emotional injuries. A violent crime may be classified as a misdemeanor or a felony depending upon the type of crime committed, whether the victim was injured, use of weapons, prior violent crime charges, and a prior criminal record.
- Attempted Murder
- Assault with Deadly Weapon
- Armed Robbery
- Vehicular Manslaughter
- Gang-related Crimes
- Domestic Violence
- Sexual Assault
- Terrorist Threats
- Weapon-related Charges
THREE STRIKES CASES
California’s three strikes law considerably increases the prison sentence of a person who is convicted of a felony and who has previously been convicted of two or more violent crimes, serious felonies or offenses committed with a firearm. This law limits the ability of the offender to receive a punishment other than a sentence of at least 25 years to life in a state prison. Violent offenses include murder, robbery of a residence in which a deadly or dangerous weapon is used, rape and other sex offenses. Serious offenses include the same offenses that are defined as violent offenses, but also include other crimes such as burglary of a residence and assault with intent to commit a robbery or murder.
DEFENSE OF VIOLENT CRIMES
One of the keys to a successful violent crime defense is thorough pre-trial investigation. Effective investigation can identify exculpatory evidence, allow the use of tools such as DNA analysis and polygraph tests, and uncover prosecutorial blunders that can inject reasonable doubt into the prosecution’s case.
The many different defenses to violent crimes include self-defense, necessity, duress, lack of specific intent, psychological defenses, mental illness, and/or partial defenses such a legally adequate provocation, battered women’s syndrome (BWS), and post-traumatic stress disorder (PTSD). At LeahLegal we help you evaluate what possible defenses may be available to you and we pursue every option possible to secure the best possible outcome for you.
If you are under investigation, or are facing charges, call LeahLegal at (818) 484-1100 today for a free, confidential initial consultation.