Living in California, you have the right to feel safe and secure. Unfortunately, violent crimes can shatter that sense of security. From assault and battery to homicide, California law defines a wide range of violent crimes with varying degrees of severity. If you or someone you know is charged with a violent crime, it is essential to understand the legal framework.
Below, we explore California’s different types of violent crimes, the associated charges, and potential penalties. It also discusses how a knowledgeable violent crime attorney from The Law Offices of Kerry L. Armstrong, APLC, can significantly impact the outcome of your case.
Types of Violent Crimes in California
Violent crimes involve using or threatening to use force against another person. These crimes are taken very seriously in California, with severe penalties. Here, we will explore some of the most common types of violent crimes, including assault and battery, murder, homicide, and robbery.
Assault and Battery Charges
Although assault and battery are often referred to together, they are distinct offenses under the California Penal Code.
Simple Assault (Penal Code Section 240)
It is defined as the unlawful attempt, with the present ability, to commit a violent injury to another person. The threat of violence creates a well-founded fear of harm in the victim. It does not require actual physical contact.
Battery (Penal Code Section 242)
This is the unlawful touching of another person in a harmful or offensive manner. This can include slapping, shoving, or spitting on someone.
Assault with a Deadly Weapon (Penal Code Section 245)
This involves the act of threatening someone with a weapon capable of causing serious injury or death, regardless of if the weapon is actually used.
Sanciones
Penalties for simple assault can include up to six months in county jail and a fine of up to $1,000. Battery can lead to a fine of up to $2,000 and imprisonment in county jail for up to six months. Assault with a deadly weapon is a felony with potential consequences of up to six years in prison.
The penalties increase if the victim is a law enforcement officer or a municipal worker.
Example
Consider a scenario where an individual attempts to punch someone but misses. This act constitutes assault. If the punch connects and causes harm, it escalates to a battery.
Murder Charges (Penal Code Section 187)
Murder is one of the most serious charges a person can face. It is defined as the unlawful killing of a human being or fetus with malice aforethought. Malice aforethought involves premeditation and deliberation.
- First-Degree Murder. This involves premeditation, deliberation, or the killing occurring during the commission of certain felonies, also known as the felony murder rule.
- Second-Degree Murder. This includes any murder that does not meet the criteria for first-degree murder.
These distinctions help classify the severity of the murder and its associated penalties.
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The penalties for first-degree murder can include 25 years to life in state prison, while second-degree murder can lead to 15 years to life.
Exceptional circumstances, such as multiple murders or the killing of a police officer, can result in a life sentence without the possibility of parole or even the death penalty.
Examples
An example of first-degree murder is a planned assassination. If a person kills someone in a sudden quarrel or heat of passion without premeditation, it may be classified as second-degree murder or even voluntary manslaughter.
Homicide Charges (Penal Code Section 192)
Homicide includes the unlawful killing of another person but without malice aforethought. It is further categorized as voluntary manslaughter or involuntary manslaughter.
- Voluntary Manslaughter—occurs in the heat of passion or during a sudden quarrel.
- Involuntary Manslaughter—involves unintentional killing due to reckless behavior or during the commission of a non-felony crime.
These classifications help in understanding the context of the killing and the resulting legal implications.
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Penalties for voluntary manslaughter can result in 3 to 11 years in state prison, while involuntary manslaughter might lead to 2 to 4 years in prison.
Examples
If someone kills another person during a bar fight in the heat of the moment, it may be charged as voluntary manslaughter. Involuntary manslaughter might involve a fatal accident caused by reckless driving.
Robbery Charges
Robbery is defined as taking another person’s property by force or fear. This includes situations where the threat of violence is present, even if no weapon is used.
Sanciones
Robbery is a felony, and penalties can vary. First-degree robbery can result in up to nine years in state prison, and second-degree robbery can lead to up to five years in state prison.
Examples
A typical example of robbery is a mugging, where the perpetrator uses a weapon or threats to take the victim’s wallet. Another example is robbing someone in their home.
Ley de las tres infracciones de California
California’s Three Strikes Law mandates harsher penalties for repeat offenders. A third violent felony conviction could lead to a life sentence.
Importance of a Violent Crime Attorney
Facing violent crime charges can be emotionally overwhelming. The stakes are high, and navigating the legal system alone is daunting. A skilled violent crime attorney can provide essential support and be your powerful advocate by:
- Understanding the charges. An attorney can carefully review the charges against you, explain the applicable laws, and identify potential flaws in the prosecution’s case.
- Building a solid defense. Your lawyer can collect evidence, interview witnesses, and construct a strong defense strategy tailored to your specific situation.
- Negotiating with the prosecution. There may be opportunities to negotiate with the prosecution for a plea bargain that reduces charges or sentences.
- Protecting your rights. Your attorney will guarantee that you are safeguarded and that the proceedings are conducted fairly.
The potential consequences, ranging from incarceration and fines to reputational damage, highlight the importance of robust legal representation.
Why Choose The Law Offices of Kerry L. Armstrong, APLC
San Diego-based The Law Offices of Kerry L. Armstrong, APLC, offers unparalleled expertise and experience in handling violent crime cases. With over 100 cases tried before a jury and numerous media mentions, our track record speaks for itself. We understand the nuances of California’s legal system and are dedicated to achieving the best possible outcomes for our clients.
Contact us today to ensure your rights are protected and to start building a strong case. Our seasoned attorneys are ready to provide the defense you deserve.
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