Facing charges for violent crimes is an overwhelming and emotionally charged experience, fundamentally altering the course of one’s life. The stigma and presumption of guilt that accompany accusations of assault, battery, murder, or other violent offenses can be profoundly distressing. The legal landscape under California law becomes complex, and the consequences of a conviction can be severe, often including fines, incarceration, and lasting impacts on one’s personal and professional life.
Bernal Law understands the gravity of these accusations and approaches each case with empathy and unwavering dedication. Fluent in both English and Spanish, the legal team at Bernal Law is committed to clear communication and personalized representation. By reaching out to our team, you gain access to legal professionals with a comprehensive understanding of California’s legal intricacies, ensuring your rights are protected.
Understanding Violent Crimes in California: Definition and Consequences
Violent crimes in California encompass a range of offenses that involve causing harm to another person, and they are treated with the utmost seriousness within the legal system. These offenses often include assault, battery, murder, and certain sex crimes. California legally defines violent crimes under Penal Code §667.5(c), specifically listing offenses classified as “violent felonies.” It’s important to note that not all violent crimes are treated as felonies, and charges can arise even without direct physical harm to another person.
Assault, a prominent violent crime, involves attempting to touch another person in an offensive or harmful manner. Notably, one doesn’t have to cause actual harm to face assault charges; the mere potential for injury can lead to a conviction. Assault comes in various forms, such as assault with a deadly weapon or assault with a caustic chemical, and is classified as a “wobbler,” meaning it can be prosecuted as a misdemeanor or a felony.
Battery is another example of a violent crime, distinct from assault. Battery occurs when someone actually touches another person in a harmful or offensive manner. While the terms assault and battery are often used interchangeably, they refer to different criminal acts in California. Murder stands as the most serious violent crime charge involving the unlawful taking of another person’s life. There are various degrees of murder charges, including first- or second-degree murder, attempted murder, and manslaughter.
Additional Violent Crime Charges
Beyond assault, battery, and murder, California recognizes other violent felonies such as:
- Mayhem
- Robbery
- Certain acts of arson
- Kidnapping
- Carjacking
- Extortion
- Threats to witnesses
- Specific burglary offenses
Additionally, certain sex crimes, like rape and forced oral copulation, are classified as violent crimes if they result in harm to the alleged victim, leading to more severe legal consequences. These offenses are considered violent felonies, which can result in severe penalties.
Legal Framework for Violent Crimes in California
Understanding the legal framework for violent crimes in California is crucial for anyone facing such charges or seeking to comprehend the state’s criminal justice system. The legal definitions, classifications, and specific statutes governing violent crimes are outlined below:
Classification of Violent Crimes: Misdemeanors vs. Felonies
Violent crimes in California are classified into two primary categories: misdemeanors and felonies. The classification depends on the severity of the offense and the circumstances surrounding the crime.
Misdemeanors are considered less severe violent crimes that typically result in shorter jail sentences, fines, or probation. Examples include simple assault and certain forms of domestic violence.
On the other hand, felonies include more severe violent crimes that carry harsher penalties, including longer prison sentences, substantial fines, and long-term consequences such as loss of certain civil rights. Examples include murder, rape, and aggravated assault. A felony conviction can result in the loss of voting rights, the right to own firearms, and other significant civil rights.
Specific Statutes and Codes
Several statutes and codes in the California Penal Code address various violent crimes. Some key statutes include:
- Penal Code §240: Defines assault as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.
- Penal Code §242: Defines battery as any willful and unlawful use of force or violence upon another person.
- Penal Code §187: Defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought.
- Penal Code §261: Defines rape as non-consensual sexual intercourse accomplished through force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
There are many other statutes that can apply to violent crimes cases, and your lawyer from Bernal Law can help you understand what you need to know.
Three Strikes Law
California’s “Three Strikes” law significantly impacts the sentencing of violent felonies. Under this law:
- First Strike: Conviction of a violent or serious felony.
- Second Strike: If convicted of another violent or serious felony, the sentence is doubled.
- Third Strike: A third conviction of a violent or serious felony, especially with a prior conviction, can result in a sentence of 25 years to life in prison.
Your lawyer can help you learn more about how the Three Strikes Law works in your case.
Enhancements and Aggravating Factors
Certain factors can enhance the penalties for violent crimes, leading to longer sentences or additional fines. These may include:
- Use of a Deadly Weapon: Enhancements for using a firearm or other deadly weapon during the commission of a crime. These enhancements can lead to longer prison sentences.
- Great Bodily Injury: Additional penalties if the victim suffers significant physical harm.
Gang involvement may also be an aggravating factor, meaning there are often enhanced penalties for crimes committed for the benefit of a criminal street gang.
Legal Procedures and Protections
Defendants charged with violent crimes are afforded several legal protections, including:
- Right to a Fair Trial: Ensuring an impartial jury and a fair trial process.
- Right to Legal Representation: The right to be represented by an attorney.
- Presumption of Innocence: The principle that the defendant is considered innocent until proven guilty beyond a reasonable doubt.
Understanding the legal framework for violent crimes in California is essential for mounting an effective defense or navigating the criminal justice system. If you or a loved one is facing violent crime charges, seeking experienced legal representation is crucial to protecting your rights and achieving a fair outcome. At Bernal Law, our knowledgeable attorneys are committed to providing robust defense strategies and comprehensive legal support.
Results of California Violent Crime Convictions
Convictions for violent crimes in California typically result in fines and incarceration, mirroring consequences for other criminal charges. However, the legal system often imposes additional penalties for violent crime convictions, such as the loss of the right to own or purchase firearms, mandatory attendance in anger management programs, and the placement of a strike on an individual’s criminal record.
Additionally, prison incarceration may require individuals to serve their entire prison sentence if they violate probation terms.
Legal Defenses Against Violent Crime Charges
Facing violent crime charges in California can be daunting, but there are several legal defenses that can be employed to challenge the accusations and protect your rights. The viability of each defense depends on the specifics of the case, the evidence available, and the circumstances surrounding the alleged crime. Prior prison terms can lead to additional penalties for new offenses, especially if the defendant has a history of a prior separate prison term.
Here are some of the most common and effective defenses used in violent crime cases:
1. Self-Defense
One of the most frequently used defenses in violent crime cases is self-defense. This defense asserts that the defendant acted to protect themselves or others from imminent harm. For self-defense to be valid:
- Imminent Threat: The defendant must have believed they were in immediate danger of being harmed.
- Reasonable Force: The force used in self-defense must be proportionate to the threat faced.
Additionally, it must be shown that the defendant did not provoke the attack.
2. Defense of Others
Similar to self-defense, this defense applies when the defendant acted to protect another person from immediate harm. The key elements are that the defendant believed that the other person was in imminent danger and that the force used was reasonable and necessary to prevent harm to the other person.
3. Lack of Intent
Many violent crimes require proof of intent. If the defense can show that the defendant did not have the necessary intent to commit the crime, the charges may be reduced or dismissed.
4. Mistaken Identity
Mistaken identity is a defense that argues the wrong person has been accused of the crime. This can be particularly effective in cases where there is:
- Weak Evidence: The prosecution’s evidence is weak or based on unreliable eyewitness testimony.
- An Alibi: The defendant can provide a strong alibi, proving they were elsewhere when the crime occurred.
Also, DNA or other forensic evidence may exclude the defendant as the perpetrator.
5. False Accusations
In some cases, the defendant may be falsely accused of a violent crime. This defense involves showing that the accuser has a motive to lie, such as revenge, jealousy, or financial gain.
Additionally, it must be shown that the accuser’s statements are inconsistent or contradicted by other evidence.
6. Insufficient Evidence
The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. If the defense can demonstrate that the evidence is insufficient, the charges may be dropped. This involves challenging evidence, looking into witness credibility, and potentially providing alternative explanations.
7. Constitutional Violations
If law enforcement violated the defendant’s constitutional rights during the investigation or arrest, this can be a strong defense. Examples include:
- Illegal Search and Seizure: Evidence obtained through an illegal search may be excluded.
- Miranda Violations: Statements made by the defendant without being informed of their rights may be inadmissible.
- Right to Counsel: If the defendant was denied the right to an attorney, this could invalidate certain evidence.
Employing the right defense strategy is critical to achieving a favorable outcome in violent crime cases. The specific defense used will depend on the unique facts of the case and the evidence available. At Bernal Law, our experienced attorneys are skilled in developing and presenting effective defense strategies tailored to each client’s situation. If you are facing violent crime charges, contact Bernal Law today to schedule a consultation. We are committed to protecting your rights and providing the robust defense you deserve.
Contact an Experienced Violent Crimes Defense Attorney
At Bernal Law, we recognize the profound emotional toll and lasting impact violent crime accusations can have on your life. Attorney Pedro Bernal’s unique perspective as a former prosecutor with almost a decade of experience means we understand the complexities of the legal system and the strategies the other side employs. Fluent in both English and Spanish, we prioritize clear communication to ensure you are heard and understood throughout the legal process.
Attorney Bernal’s extensive background as a Deputy District Attorney in the San Diego District Attorney’s Office, coupled with his role as a Special Assistant United States Attorney prosecuting federal crimes, underscores our commitment to results, especially in major federal cases where outcomes are pivotal. If you or a loved one is confronting charges related to violent crimes, reach out to Bernal Law by completing our contact form or by calling (619) 736-9092.
