Have you been accused of participating in a violent crime? From assault and battery to robbery and more, violent crime charges often result in heavy penalties under California state laws. While these allegations can affect your freedom and your future, you’re not alone.
Being charged with a violent offense is an intimidating and life-altering experience, but you don’t have to face the justice system all by yourself. Instead, let a Montebello violent crimes lawyer represent you. At Simmrin Law Group, our attorneys have decades of legal experience.
We’ve helped thousands of people just like you, and as your Montebello criminal defense lawyer, we will fight for a favorable outcome in your case, even going to trial if that’s what it takes. You can count on us to advocate for you.
What Qualifies as a Violent Crime in California?
The California Penal Code defines violent crimes as offenses involving force or the threat of force against another person. These crimes often result in serious physical harm and psychological trauma. In some cases, they also cause death. These are common examples of violent crimes:
- Murder
- Manslaughter
- Assault
- Battery
- Robbery
- Sexual assault
- Kidnapping
In many cases, the intent behind the act plays a role in how the crime is classified. For example, striking someone in the heat of an argument may be charged as simple battery. On the other hand, premeditated and intentional harm can elevate the charge to assault with a deadly weapon or attempted murder.
Crimes involving firearms and other weapons tend to carry enhanced penalties and can also lead to felony charges even if no one was hurt. Additionally, some offenses are considered “strike” crimes under California’s Three Strikes law. This law increases prison sentences for repeat offenders who are convicted of certain violent felonies.
For a free legal consultation with a violent crimes lawyer serving Montebello, call (310) 896-2723
Categories of Violent Crimes in Montebello
Violent crimes fall into several categories, each with its own set of legal definitions and penalties. Let’s take a look at what these categories of violent crimes are in the area.
Homicide and Attempted Murder
Murder is considered a very serious violent crime under California law. First-degree murder involves deliberate and premeditated killing, while second-degree murder refers to situations that are still intentional but lack premeditation.
If a death occurs during the commission of another felony, the felony murder rule may apply, which can potentially result in a first-degree murder charge even if the death was unintended. Attempted murder also carries serious consequences.
Prosecutors must prove that the accused took direct steps toward killing another person and intended to carry out the act. Since attempted murder can be charged as a first-degree or second-degree offense, the outcome depends on the exact details of the circumstances.
Assault and Battery
Assault is an attempt or threat to inflict physical harm. On the other hand, battery involves actual physical contact. Simple assault and battery charges are often filed as misdemeanors, but if the victim suffers serious bodily injury or if a weapon is used, the charges can become felonies.
More specifically, assault with a deadly weapon is a felony. This charge applies when someone uses any object capable of causing significant injury. Even everyday items can qualify as deadly weapons under California law based on how they are used.
Robbery
Robbery is a violent theft offense involving the use of force or fear with the intention of taking property directly from a person. California laws define robbery as a felony, and the penalties increase if the crime occurs in an inhabited dwelling, involves a weapon, or results in injury.
There are two degrees of robbery. First-degree robbery includes crimes committed in residential settings, against public transportation drivers, or at ATMs. Meanwhile, second-degree robbery encompasses all other scenarios.
A first-degree robbery conviction can lead to up to nine years in state prison, and enhancements apply for the use of firearms or gang affiliations.
Kidnapping
Kidnapping involves forcibly moving another person without their consent. This crime is considered a felony, and it becomes more serious when the victim is a child. The act includes a ransom or involves the victim being harmed during the process.
Aggravated kidnapping includes elements such as using a weapon, causing an injury, or moving a person a significant distance. Convictions for aggravated kidnapping can result in life imprisonment depending on the details of the case.
Domestic Violence
While domestic violence may not always result in visible injuries, it still qualifies as a violent crime under many circumstances. These offenses can occur between intimate partners, family members, or people residing in the same household.
Acts like punching, slapping, strangling, or making verbal threats can result in charges ranging from misdemeanors to felonies. In California, domestic violence charges typically include mandatory jail time, probation, fines, and a restraining order, even for first-time offenders.
When children are present during the incident or weapons are involved, penalties may be enhanced.
Sexual Assault
Sexual violence includes offenses like rape, sodomy, oral copulation by force, sexual battery, and lewd acts with a minor. These crimes are punished severely, with sentences including life imprisonment, mandatory sex offender registration, and post-release restrictions.
Consent is central to sexual assault cases. Under California law, people cannot legally consent when they are unconscious, intoxicated, mentally impaired, or underage.
Aggravating factors such as the use of violence, multiple perpetrators, or injury to the victim can elevate the charges and lead to more significant penalties.
Montebello Violent Crimes Lawyer Near Me (310) 896-2723
Factors That Influence Violent Crime Charges
Many factors influence how violent crimes are charged and punished, not only in Montebello but also throughout the entire state of California. These elements may include the following:
- The severity of the victim’s injuries
- The use of weapons
- The criminal history of the accused
- The location of the offense
- Whether the act was committed against a vulnerable population
Your Montebello violent crimes lawyers can let you know if any aggravating factors are involved in your case.
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Call Our Violent Crimes Lawyers in Montebello for More Information About What We Can Do for Your Case
If you or someone you care about is facing charges related to a violent crime, you don’t have to find your way through the aftermath all alone. These types of accusations can be life-altering, but our Montebello violent crimes law firm is here to support you.
At Simmrin Law Group, we understand how overwhelming and serious these matters are. Our Montebello violent crimes attorneys are prepared to examine every detail of your case and provide you with a defense that is both strategic and compassionate.
You deserve a legal team that will fight tirelessly to protect your rights. Reach out to us today. The sooner you contact us, the sooner we can start building a defense on your behalf.
Call or text (310) 896-2723 or complete a Free Case Evaluation form