A violent crime in California, under Penal Code 667.5, carries additional consequences for a conviction, such as prison term enhancements and a strike on your criminal record. Facing criminal charges for a violent crime in Carlsbad is tough for anyone, especially without legal help.
A Carlsbad violent crimes attorney from Simmrin Law Group will be knowledgeable on the various ins and outs of the local legal system and therefore be able to provide guidance on what exactly to expect during the legal process and defend you against prosecutors.
California Three Strikes Law
Many violent crimes fall under the three-strike system. This sentencing protocol is meant to punish criminals who have been convicted three times for particularly serious, violent crimes. While many of the crimes listed under this law already carry harsh penalties, most do not involve prison sentences that go beyond a decade.
Under the three-strike system, convicted criminals could face 25 years to life in prison for their third strike. It does not matter how much time has passed since the other convictions. There is no time limit on a third, or even second, strike.
The three-strike system also impacts those who have been convicted a second time. Those convicted of a second violent criminal offense could have their prison sentence doubled. For example, if you were previously convicted of robbery and are now facing a charge of burglary, you would be given double the maximum sentence for burglary, from six years to now 12 years.
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Types of Violent Crimes in Carlsbad, California
In California at the moment, there are specific crimes defined by law as violent crimes. Certain laws enhance punishments for felonies that are considered violent. Violent crimes in California include, but are not limited to:
- Assault and battery
- Aggravated assault (assault with a deadly weapon)
- Weapons and firearm charges
- Sex crimes, including date rape
- Narcotics offenses
- Attempted murder
- Voluntary manslaughter
- Domestic violence
- Criminal (terrorist) threats
If you have been charged with a violent criminal offense in Carlsbad, it is important that you seek the services of a Carlsbad violent crimes attorney with extensive experience handling cases which are alleged as violent crimes.
Carlsbad Violent Crimes Lawyer Near Me (310) 896-2723
Penalties for Violent Crimes
The consequences of committing a violent crime are severe, including substantial jail or prison time, large fines, restrictions on driver’s licenses, and damage to your reputation through your record.
The penalties for each conviction will differ, as different crimes have different circumstances. However, most violent crimes are classified as felonies, as they by default involve harm or threat of harm to another person. On top of one year in state prison, felons also experience the loss of certain rights, including the right to:
- Vote while in prison
- Own a firearm
- International travel
- Certain employment opportunities
- Use community programs, such as housing aid
Not only will you likely be facing a lengthy prison sentence, you may also have to pay tens of thousands of punitive fines and lose the rights that most others enjoy. To try to avoid as much of this as possible, you should fight hard to prove your innocence.
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Enhancements for Violent Crimes Convictions in California
Certain circumstances could mean additional prison time. These enhancements are additional imprisonment terms added onto the base term. A prosecutor imposes an enhancement because of the nature of the crime or because of any prior convictions. In California, they include:
- If the victim of the alleged crime suffers substantial injuries, under Penal Code §12022.7, you face an additional three to six-year prison sentence.
- If the prosecutor proves that the crime was done to help or benefit a gang, Penal Code §186.22 imposes an automatic 15-to-life additional prison sentence.
- If you are accused of using a gun, your case triggers Penal Code §12022.53. Using a gun can mean an additional 10 years in prison—firing a gun can mean 20 years, and killing or seriously injuring someone can mean 25-years-to-life in prison.
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How a Carlsbad Violent Crimes Attorney Can Defend You
Your criminal defense lawyer will need to look over every shred of evidence, including why and how you were arrested, what the prosecution will be claiming, and the circumstances around the crime. With an experienced criminal defense lawyer, you can expect any of these common defenses against the alleged violent crime to be:
- It is a case of mistaken identity; another individual is guilty
- You were acting in self-defense
- The violence was not intentional and accidental
- You were never violent
- The arresting officer committed misconduct
- The evidence against you was seized illegally
- You were never read your Miranda rights upon arrest and interrogation
The sooner you hire a violent crimes lawyer in Carlsbad, the sooner they can get to work collecting evidence, the police report, and witness statements to be used in your case.
Contact the Carlsbad Violent Crimes Lawyers at Simmrin Law Group Today
If you are under investigation or have recently been arrested for a violent criminal offense, the violent crimes lawyers in Carlsbad at Simmrin Law Group can help. We understand the serious nature of this charge, how best to defend you, and how to resolve your case. Regardless of the crime, our team builds the strongest case possible, and stands up to intimidating prosecutors.
With our extensive knowledge of the law and the legal system, our team will aggressively fight your charges and utilize our experience, knowledge, and insight of the law to help you avoid a conviction. For more information about the various ways your violent crime case will be handled, and to schedule your free consultation, contact our office today.
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