In the state of California, there are five crimes that can be determined as violent. These crimes include rape, murder, robbery, lewd acts on a child under 14 and aggravated assault.
California Penal Code section 621 states that it is illegal to engage in sexual intercourse with another person without their consent. The penalty for a rape charge is classified as a felony and punishable by imprisonment and a fine of up to $10,000.
- Victim was an adult and NOT the spouse of the defendant, punishable by 3, 6, or 8 years in prison under Penal Code section 264(a)
- Spousal rape is punishable by 3, 6, or 8 years in state prison under section 264(a)
- Rape victim under 14 years of age is punishable by imprisonment of 3,7, 9, or 11 years
- Rape “in concert” (by definition of other people assisting the rape) is punishable by 5, 7, or 9 years in prison and 10, 12, or 14 years if the victim is under the age of 14. If the age of the victim is between the ages of 14 and 18 years old, the terms of imprisonment can be 7, 9, or 11 years.
Murder is classified by one of three types including first degree, second degree and finally, manslaughter. Under Penal Code section 187, first degree murder is classified as the unlawful killing of a human being with intentional malice aforethought, which has multiple definitions by law. The definitions include:
- Specified intent to kill or cause physical and serious bodily harm to another person
- The act committed was planned beforehand
- Defendant performed the activity that was known to cause serious bodily harm or death to a human being
Second degree and manslaughter charges have to be proven that there was specific intent to harm or kill the victim of the crime. Voluntary manslaughter in California is punishable by 3 to 11 years in state prison under Penal Code section 193. Involuntary manslaughter is punishable by 2 to 4 years in county jail in California.
Robbery is separated into two categories under the California Penal Code section 211. It is classified as either first or second degree robbery under the definition of unlawfully obtaining another person’s personal property into one’s own possession as well as against the will of the owner by means of fear or possible force. All robberies are convicted as second degree robbery unless the property is forcibly obtained from a person in their home or at an ATM, from a taxi driver or bus driver.
Lewd Acts on a Child Under 14
California’s Penal Code section 288 states that a defendant will be charged of lewd acts on a child under 14 years of age if the following are met:
- If the child is 14 or 15 years of age and the defendant has at least 10 years of age more than the victim
- Inappropriate touching of a minor under the age of 14 years old or have the minor touch the defendant with sexual arousal intention
- Defendant utilizes fear or force to touch the minor under the age of 14 years old with sexual arousal intention
The specified touching of a minor or minor to defendant may have the façade of innocent behavior or not be performed in a fundamentally lewd manner.
Contact Your San Diego Violent Crimes Attorney Today
For all the listed reasons, it is important to have great attorneys on your side.
The Law Offices of Kerry L. Armstrong come equipped with the best lawyers in order to represent and defend the accused on all violent crimes convictions. The talent of the lawyers is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.
If you or a loved one has been charged or convicted of any of these crimes, you need an experienced San Diego violent crimes attorney.
Contact us today for a free initial consultation.