A violent crime conviction in California, CA, can change the course of your life. Unlike non-violent offenses, these crimes attract harsher penalties, including jail time in state prison and fines. California laws make the criminal justice system rigid and almost unforgiving to persons accused of crimes like rape, assault, arson, murder, and sex crimes, just to mention a few. Most of these crimes are violent felonies, meaning that apart from facing substantial time behind bars, the laws also make it mandatory to serve at least 80% of your sentence. Moreover, the “three strikes” law subject repeat offenders to a minimum sentence of 25 years to life. When you have so much to lose, turn to the California Criminal Lawyer Group. We have an experienced team of defense lawyers who can put the best legal defenses to work on your behalf.

Whether you are charged with a violent crime for the first time or considered a persistent offender, time is not on your side. The wheels of justice move fast, and you must seek reliable legal representation immediately. The sooner we partner with you, the sooner we can develop a solid defense for your case.

Legal Definition of Violent Crimes

Generally speaking, violent crimes are offenses that involve inflicting bodily harm to another person or threatening to do so. This type of offense involves the intentional use of force against another person. Because there is no unified or single definition for violence, “violent crimes” is considered a broad term, covering just about any offense that involves threats or physical harm.

Compared to non-violent crimes, these crimes are often harshly penalized. The penalties imposed may vary depending on the facts of a case and the nature of injury inflicted on a victim. What is standard in all cases is that the perpetrator threatens, harms, or even causes a victim’s death.

How Are Violent Crimes Different From Non-Violent Crimes?

Crimes of a violent nature or violent crimes often involve the intentional use of force to injure another person. Such acts leave the victim afraid, hurt, or even dead. As such, the prosecution always determines the seriousness of a crime based on the degree of physical or psychological harm inflicted on a victim.

Cases where the victim suffers severe injuries always attract heftier penalties. Moreover, you are bound to suffer stricter penalties if you use a weapon, more so a deadly weapon. Another aspect that may influence the penalties imposed is the classification of the victim. 

It is perceived to be a more serious offense to commit a violent crime against certain people such as children, the elderly, and law enforcement officers. You are still likely to face charges, even if your threats or attempts to injure a victim were not fruitful.

Non-violent crimes, on the other hand, are offenses that don’t involve the use of force against another person. In this case, an offense’s seriousness is measured based on the economic damage a victim suffers.

Understanding the Three-Strikes Law

The “three strikes law” was first implemented between 1993 and 1995, and California was one of the first states to apply the system. Currently, this law is used in about 24 states, and each state interprets the laws slightly differently. What is similar across the board is that repeat offenders or defendants with a criminal history are subjected to stiffer sentencing.

Generally, a defendant with three or more prior felony convictions qualifies for a significantly longer sentence. If you are a repeat DUI offender, for instance, a judge will be forced to impose a longer sentence than what applies typically. Some of the names used by the courts to define defendants with three or more prior convictions include habitual offenders or career offenders.

How It Works

California’s PC section 667(e)(2) provides that if you are convicted of a felony and have two or more prior strikes, a judge must sentence you to a minimum of 25 years to life in state prison. Under PC section 667(e)(1), if you are convicted of a felony and you have one prior strike, you must face a sentence that is double the base term of your current offense.

What Is Considered A “Strike”?

Strike convictions mainly involve serious or violent felonies such as murder, rape, and robbery. You could also earn a strike if convicted of crimes like DUI, where the victim suffered serious bodily injury. Even non-violent crimes such as drug trafficking, bribery, and treason can earn you a “strike” in California. 

If you are charged with a strikeable offense, you cannot afford to underestimate the importance of working with an experienced criminal defense attorney. Such an expert can apply the best legal defenses to have your charges dropped. If this is not possible, he/she will plead with the prosecution to reduce your charges to a non-strikeable offense.

Common Types of Violent Crimes in California and Their Penalties

California has a list of 23 offenses classified as "violent crimes." These crimes are often subject to stiffer penalties and even enhanced sentencing for repeat offenders.

Here are the most common types of violent crimes in California:

 

1.  Murder/Homicide (Penal Code 187 PC)

 

The terms homicide and murder are often used interchangeably, although they have two entirely different legal definitions. 

Homicide

Homicide is defined as the killing of another person. This act is not always illegal because a citizen can kill an intruder in self-defense, and this is not a crime. Then again, soldiers in a war zone kill their opponents, and this is not deemed illegal.

There are four main types of homicide, including:

  • Murder
  • Justifiable homicide
  • Manslaughter
  • Killing in war 

The type of homicide charge you face will dictate whether you will face legal ramifications or none at all.

Murder

Murder is a form of homicide committed with malicious intent. It is often preplanned and unjustifiable. For a crime to be considered murder, there must be intent to kill. However, you could also be charged with murder if your actions were reckless that they are only punishable as murder.

California laws classify murder into three categories. They include

  • First-degree murder — Premeditated (preplanned) killing with malice aforethought
  • Second-degree murder — Killing with intent (not premeditated)
  • Capital murder — Murder under aggravating circumstances such as for financial gain, silencing a witness, or gaining a better rank in street gangs.

The legal penalties for murder include:

  • Life imprisonment without parole or
  • Imprisonment for a minimum of 25 years to life in state prison

Manslaughter

California laws describe manslaughter as the unlawful killing of another person but without malice. The three main types of manslaughter include:

  • Voluntary manslaughter
  • Involuntary manslaughter 
  • Vehicular manslaughter

Under California Penal Code 667.5(c), voluntary manslaughter is deemed a violent felony. The Penal Code for this crime is Penal Code 192(a) PC, and it describes the offense as killing without malice but with the intent to hurt another person. Generally, voluntary manslaughter falls somewhere between murder and involuntary manslaughter. 

For instance, you could be charged with involuntary manslaughter if you act out of emotion during a heated argument. In this case, you had the intention to hurt a person but unfortunately ended up killing him/her.

The penalty for this offense includes

  • A jail term between 3 and 11 years

Involuntary manslaughter is described under Penal Code 192(b) PC. This is when a killing happens without malice in the heat of committing an unlawful act. In short, it is the accidental killing of another person, perhaps because you breached your duty of care.

Involuntary manslaughter is punishable by:

  • 2 to 4 years imprisonment in county jail

Under California’s Penal Code 192(c) PC, vehicular manslaughter is defined as the unintentional killing of another person when operating an automobile. Like involuntary manslaughter, this offense is also not considered a violent crime.

It attracts the following punishment:

  • 2 to 10 years behind bars

 

2.  Attempted Murder (Penal Code 667.5 PC)

 

The definition of attempted murder is the preplanned attempt to end another person’s (or fetus) life unlawfully. This is a felony where a defendant attempts to commit murder but is unsuccessful.

The two main elements of attempted murder include:

  • A defendant made at least one move towards ending another person’s life
  • A defendant had the intention to commit murder

The punishment for this felony is as follows:

  • A minimum jail term of 7 years (attempted first-degree murder)
  • A maximum jail term of 9 years in state prison (attempted second-degree murder)
  • Incarceration for up to 5.5 years in state prison (attempted voluntary manslaughter)

 

3.  Mayhem (Penal Code 203 PC)

 

Mayhem is listed under California’s Penal Code PC 667.5(c). It is a violent crime that involves depriving another human of his/her body by maiming, disfiguring, or rendering it useless.

The penalties for this crime are harsh and include:

  • A jail term for 2, 4, or 8 years in state prison

 

4.  Rape (Penal Code 261 PC)

 

One of the most common violent crimes is rape. California laws state that any sexual act without the other person’s consent constitutes rape. This crime can happen even if a defendant’s intentions were not to have non-consensual sex. For instance, you could face rape charges for having sexual intercourse with an unconscious victim or one with an impairment that makes it impossible to consent. 

Rape in California is a felony, and its penalties include:

  • A fine not exceeding $10,000
  • 3, 6, or 8 years jail time in state prison (an adult victim who is not your spouse)
  • 9, 11, or 13 years imprisonment (a victim younger than 14 years)
  • Incarceration for 7, 9, or 11 years (a victim between 14 and 18 years)
  • A jail term of 3, 6, or 8 years (raping a spouse)

 

5.  Robbery (Penal Code 211 PC)

 

Robbery is the unlawful taking of another person’s property. The use of force or threat accomplishes this offense. Essentially, robbery is the taking of another person’s property through assault.

There are two degrees of robbery as listed under California’s Penal Code section 213. They include:

  • First-degree robbery
  • Second-degree robbery

These punishments for the offenses are:

  • 3 to 9 years’ incarceration (First-degree robbery)
  • 2 to 6 years imprisonment (Second-degree robbery)

 

6.  Arson (Section 451, Subdivision (a) or (b))

 

Arson is the act of maliciously and intentionally setting fire to torch down a property, forest, structure, or land. The destructive and deadly nature of arson makes it a grave offense that attracts tough penalties.

Subdivision (a) highlights the charges for arson that lead to another person’s serious bodily injury. This is a violent felony, and its penalty is:

  • 3, 5, or 8 years imprisonment in state prison

Subdivision (b) imposes strict charges for arson, leading to the burning of an inhabited structure or area. This is also a felony that is punishable by:

  • Incarceration for 3, 5, or 8 years in state prison

 

7.  Kidnapping (Penal Code 207 PC)

 

Kidnapping is the use of force to take another person from one location to another without their approval or consent. This crime can turn into aggravated kidnapping if:

  • The victim is 14 years old or younger
  • A kidnapping happened alongside carjacking
  • A defendant plans to obtain ransom
  • A victim suffers substantial injury or dies 

The penalty for kidnapping includes:

  • 3, 5, or 8-year jail term 
  • A fine not exceeding $10,000

Aggravated kidnapping charges are as follows:

  • Incarceration for 5, 8, or 11 years
  • A maximum fine of $10,000

 

8.  Carjacking (Penal Code 215 PC)

 

California’s Penal Code section 215 defines carjacking as the violent taking of a car in another person’s possession. The crime is considered a felony and is often subject to sentence enhancement. Its penalties are as follows:

  • 3 to 9 years imprisonment
  • A maximum fine of $10,000

The above list of violent crimes is not exhaustive. Other offenses listed as violent crimes include:

  • Battery
  • Aggravated assault 
  • Illegal weapons and firearm possession
  • Narcotics offenses
  • Domestic violence, etc

Even as California laws show more leniency to persons accused of "nonviolent felonies," the grip on violent crime defendants grows tighter with each passing year. A conviction leads to a tainted reputation, more significant fines, more substantial jail time, and professional license restrictions. As such, we take each case seriously and only assign our best lawyers to handle all phases from arrest and arraignment to trial. We pride ourselves on providing personalized services and ensuring the best outcomes are achieved.

Additional Penalties for Violent Crimes

Violent crimes typically involve harm or the threat of harming another person. Such offenses are often classified as felonies, although their penalties following a conviction may differ depending on various circumstances, such as the severity of injuries inflicted on the victim. 

Apart from the usual penalties, which include jail time, fines, restitution, and probation, felons may also be at a loss of:

  • Their voting rights (while serving their term)
  • Their firearm ownership rights
  • Their right to enjoy international travels
  • Their right to housing within specific neighborhoods and the use of community programs like housing aid
  • Their right to employment opportunities within specific sectors

The above are merely some of the penalties of a violent crime conviction. It is also common for felons to lose child custody rights, although monitored visitation may be allowed. These penalties cumulatively make it hard or impossible to enjoy a normal life even after serving time. With so much at stake, you owe yourself the favor of fighting before your case is determined.

Best Defenses for Violent Crime Charges

Fighting against violent crime charges is no easy feat. It remains imperative to seek the services of a lawyer who understands the laws and the defenses that work during different circumstances. It takes time, commitment, access to resources, and top-rated investigation skills to unveil facts and evidence that can work in your favor.

Some of the defenses that work when fighting violent crime charges include:

  • Mistaken identity — Someone committed a crime, but that person isn’t you
  • Self-defense —  You had no choice but to use force to protect yourself or a loved one
  • Lack of intent — An incident was accidental, and you had no intention to cause harm
  • False accusation — The victim has a fabricated account of what happened
  • Insanity — You were not in your right state of mind when committing a crime
  • Illegal search — The evidence against you was seized illegally and cannot be used in court
  • Police misconduct — The police violated your rights, perhaps didn’t read your Miranda Rights after an arrest

If you or a loved one is accused of a violent crime in California, CA, you need to immediately find the best legal defense team. The right attorney will be well acquainted with California statutes that touch on your matter and will have what it takes to protect your rights and best interests. “Violent crimes” is a broad term, and each case is unique. It takes skills and experience to pick the best defenses for your case.

How Can a Criminal Defense Attorney Help?

Violent crimes attract tough penalties that go far beyond jail terms and monetary fines. It is perfectly normal to feel scared and confused when facing charges, especially for offenses subject to the Three-Strikes law. While hiring an attorney is not guaranteed to save you from these penalties and the stigma surrounding a conviction, there is much an expert can do to make your outcome better.

It is in your best interests to exercise your right to legal representation. We can set up an initial confidential consultation and evaluate your case. The details of an incident will help us to begin building a solid defense on your behalf.

Here is a basic list of the assistance to expect:

Negotiating With the Prosecution

Hiring a skilled criminal defense attorney to help defend you against violent crime charges drastically increases your case’s chances of being dismissed. Once we review your charges and the evidence against you, we can tell whether the prosecutor is fair or wants to make an example of you. Remember, it is not foreign for the courts to use certain cases to deter others from crime.

The prosecution respects experienced attorneys and will often not reach further than they should when a defendant has reliable legal representation. We can negotiate to ensure that the facts of your case support the charges you face. With this, we can achieve a better outcome once we begin to plead to reduce your charges.

Demanding a Dismissal

Sometimes, the evidence the prosecution has can only build a feeble case. In such instances, it is possible to have all the charges dropped. The prosecution could have a weak case because you were wrongfully accused of committing crimes of a violent nature.

Negotiating Favorable Plea Deals

Even when we cannot achieve the dismissal of charges, we still don’t believe in taking the first plea deal that is offered. One way a criminal defense attorney can provide invaluable help is by ensuring you enjoy a favorable deal. The whole idea of negotiating with the prosecution is to save their time in exchange for reasonably mitigated consequences.

Preparing For Trial

The majority of criminal cases, including those that involve violent crimes, don’t reach the trial stage. A good number of cases are dismissed, or defendants opt for the plea bargain. While this is the case, it makes sense to have a legal defense team with what it takes to provide excellent defense before a judge or jury. 

When it comes to hiring criminal defense attorneys, you have two options. The first is to hire a private lawyer, and the second is to depend on a public defender’s expertise. While the last option involves incurring little or no expenses, it is best to understand that public defenders are often overworked and may not have the time to give your case the attention it deserves.

Your attorney can bring a unique experience, even when tackling tough charges. Our legal defense team has polished skills that could come in handy in or outside the courtroom. We know how to win, and our attorneys understand the court rules and processes. They can navigate the system to bring home impressive results.

Find a California Criminal Lawyer Group Near Me

Defending yourself against violent crime charges in California, CA, is an uphill task. Fortunately, at the California Criminal Lawyer Group, there are a few things that work in our favor. First, we know how the prosecution works and have experience getting charges dropped and obtaining the best plea bargain. Second, we have good relations with the local prosecutors and judges, which often works favorably for our clients. The third perk that gives us an edge over other law firms is that we have a qualified, experienced, and creative legal defense team. We are detail-oriented and meticulously strategize to give each case a winning shot. Call us today at 916-775-7660, and let’s give you the best chance of acquittal or reduced penalties.