Violent crimes are the most serious criminal offenses that can be charged. They carry the most severe penalties, including the possibility of life in prison or even the death penalty. Violent crimes include murder, attempted murder, rape, robbery, criminal threats, and assault with a deadly weapon. If you are charged with a violent crime, you need an experienced and aggressive criminal defense attorney right away.

At Los Angeles Criminal Attorney, we have been representing clients charged with violent crimes in Los Angeles. We offer a free consultation to discuss your case, and we work hard to get you the best possible outcome, whether that means having the charges dropped, reduced, or defending you at trial.

What Are Violent Crimes?

Violent crimes in California are defined under Penal Code section 667.5. The definition of a violent crime includes various first and second-degree felonies and all serious felonies. A violent crime is any crime that involves a serious threat or bodily harm to another or involves the use of a deadly weapon. Violent crimes are classified into three categories:

  • Violent felonies under California Penal Code section 667.5(c)
  • Serious felonies under California Penal Code section 1192.7(c)
  • Serious felonies under California Penal Code section 1192.7(d)

Penal Code section 667.5(c) is the statute that establishes sentence enhancements for certain serious and violent felonies. The enhancements can be imposed for any person who is convicted of a serious or violent felony, as specified in the statute. The sentence enhancements are designed to increase the punishment for offenders who commit serious and violent felonies. Violent felonies include first-degree murder, second-degree murder, voluntary manslaughter, attempted murder, robbery, kidnapping, forcible rape, forcible sodomy, forcible oral copulation, sexual penetration in concert with force or violence, first-degree burglary, arson, mayhem, carjacking, and assault with a deadly weapon or instrument.

Penal Code section 1192.7(c) provides that a person convicted of a serious or violent felony shall be sentenced to an enhanced term of imprisonment. The enhanced term shall be the greater of either the term authorized by law for the original offense or the following:

  • Three, four, or five years for a serious felony, as specified in subdivision (c) of Section 1192.7.
  • Five, six, or seven years for a violent felony, as specified in subdivision (c) of Section 1192.7.

Serious felonies include rape, sodomy, oral copulation, sexual penetration, lewd or lascivious acts with a child under the age of 14, any felony punishable by death or life in prison, any felony in which the defendant personally inflicted great bodily injury on any person, except on a peace officer, any felony in which the defendant personally used a firearm, any felony in which the defendant personally used a dangerous or deadly weapon, any attempted murder, and any conspiracy or solicitation to commit, any of the above-listed felonies.

Your Rights After an Arrest for a Violent Crime

The first thing to do if you have been arrested for a violent crime is to contact an experienced criminal defense attorney. A criminal defense attorney can help you navigate the criminal justice system, protect your rights, and build a strong defense on your behalf. After an arrest, you have the right to remain silent. This means that you do not have to answer any questions from the police or anyone else without your attorney present. You also have the right to a speedy and public trial by jury, and the right to be presumed innocent until proven guilty. If you have been arrested for a violent crime, it is important to contact an experienced criminal defense attorney as soon as possible. An attorney can help you understand your rights and options and can build a strong defense on your behalf.

Factors Considered in Determining Sentences

There are several factors that the judge considers when determining the offender’s sentencing. They include:

  • The offender’s criminal history. If the offender has a criminal history, the penalties for the crime may be increased.
  • The offender’s age is also considered when determining the offender’s sentence. Juveniles, or offenders who are under the age of 18, are subject to different penalties than adult offenders.
  • The offender’s mental illness may also affect the offender’s sentence. If the offender can show that the mental illness contributed to the crime, the sentence will be reduced.
  • The age of the victim is another factor considered when determining the offender’s sentence. If the victim is under the age of 16, the penalties may be increased.
  • The extent of the victim’s injuries is another factor considered when determining the offender’s sentence. If the victim suffered serious injuries, the offender’s sentence may be increased.

Penalties for Violent Crimes

Violent crimes are punishable by imprisonment in state prison for two, three, or four years. Additionally, a fine not to exceed $10,000 may be imposed. The sentence for a violent crime is enhanced if the defendant has a prior conviction for a serious or violent felony. A defendant with one prior serious or violent felony conviction will be sentenced to an additional and consecutive term of three, four, or five years in state prison.

A defendant with two or more prior serious or violent felony convictions will be sentenced to an additional and consecutive term of six, seven, or eight years in state prison. A defendant convicted of a violent crime may also be required to register as a sex offender if the crime was sexually motivated.

Additional Consequences of a Violent Crimes Conviction

In addition to the consequences of a violent crime conviction discussed above, there are additional consequences that can be imposed by the court. These include:

Fines

The court may order the offender to pay a fine as part of his or her sentence. The court may order the offender to pay a fine as part of his or her sentence.

Restitution

The offender may be ordered to pay restitution to the victim. The offender may be ordered to pay restitution to the victim. Community service: The offender may be required to complete a specified number of hours of community service. The offender may be required to complete a specified number of hours of community service.

Probation

The offender may be placed on probation for a specified period. If the offender violates the terms of his or her probation, the offender may be required to serve his or her entire prison sentence. The offender may be placed on probation for a specified period. If the offender violates the terms of his or her probation, the offender may be required to serve his or her entire prison sentence.

Drug and alcohol treatment

The offender may be required to participate in a drug or alcohol treatment program. The offender may be required to participate in a drug or alcohol treatment program. Weapon ban: The offender may be prohibited from possessing a firearm for a specified period.

Defending Against Violent Crime Charges

Violent crimes present unique legal challenges. Seeking the help of an experienced criminal defense attorney right away is in your best interests. One of the first things your attorney will do is seek the advice of a medical expert to determine if the injuries suffered by the victim were caused by the alleged assault. If the injuries were not caused by a violent act, this can be used in your defense.

Sometimes a medical expert can also help determine if the victim was injured by a self-infliction. This can be useful when someone falsely accuses you of domestic violence.

Your attorney will also investigate the circumstances surrounding the alleged crime. If there is video evidence that contradicts the victim’s story, this could be used in your defense. Sometimes witnesses come forward after an arrest to report what they saw. This can also help defend against a violent crime charge.

Your attorney will also gather evidence and witness statements to support your defense. One of the best defenses in a violent crime case is self-defense. If it can be shown that you were acting in self-defense, you may be able to avoid conviction.

It might be possible to have your charges reduced if you were acting in defense of another person or acting in defense of property.

Three Strikes Law on Violent Crimes

In California, three strikes laws require a defendant to receive 25 years to life in prison if they are convicted of three serious or violent felonies. The three strikes law is a controversial mandatory life sentence policy implemented in 1994 to target repeat offenders. The three strikes law was intended to address concerns about the increasing violent crime rate in California.

According to the National Institute of Justice, the three strikes law has been effective in reducing crime by deterring individuals with a prior felony conviction from committing a new crime. The three strikes law has been applied to a wide range of felonies, including nonviolent offenses. The mandatory life sentence under the three strikes law has been criticized as excessively harsh and disproportionate. The three-strikes law has been the subject of several legal challenges, and some states have repealed or modified their three-strikes laws.

Examples of Common Violent Crimes in California

Several offenses are considered violent crimes in California. These offenses include:

Murder

Penal Code 187 PC is the California statute that defines the offense of murder. A person commits this crime when: he unlawfully kills a human being, with malice aforethought, and without lawful excuse or justification. Malice aforethought is a mental state that must accompany the commission of murder. It is present when the defendant has the intent to kill. Murder can be either first or second-degree. First-degree murder is the killing of another person: during the commission of a certain felony, or with the intent to kill. In contrast, second-degree murder is the killing of another person: with malice aforethought, but without intent to kill.

Robbery

Robbery is a crime that is defined differently under state laws, but generally requires the taking of personal property from the victim by force or threat of force. In California, robbery is defined as taking the property of another, without their consent, and using force or fear to do so. This can be done through the use of physical force, such as hitting or punching the victim, or through the use of a weapon.

Robbery can also be committed by putting the victim in fear of immediate bodily injury. The penalties for robbery in California depend on the facts of the case but can range from a misdemeanor charge, which is punishable by up to one year in county jail, to a felony charge, which is punishable by up to nine years in state prison. In some cases, the penalties can be increased if the victim was injured during the robbery, or if the offender used a deadly weapon.

Arson

Arson is a crime in California that involves willful and malicious[1] burning of another person’s property. To be convicted of an arson charge, the prosecution must prove that the defendant set fire to the property on purpose. The fire can be set on purpose in any manner, as long as it is willful and malicious. For example, it is considered arson under California law if the defendant set fire to the property by using a lighter to ignite the fire. Arson can be charged as a felony or a misdemeanor in California.

The severity of the charge and the penalties the defendant will face depending on the facts of the case and the defendant’s criminal history. Arson of an inhabited structure or inhabited property is a felony in California. The penalties for this crime can include up to eight years in state prison and a fine of up to $50,000. A Personal property that is not an inhabited structure is a wobbler in California. This means that it can be charged as either a felony or a misdemeanor. The penalties for a felony conviction can include up to three years in state prison and a fine of up to $10,000.

Sexual Penetration Penal Code 289 (a)

The crime of forcible sexual penetration requires proof the defendant committed an act of sexual penetration on another person by force, fear, or duress. The crime of forcible sexual penetration requires proof the defendant committed an act of sexual penetration on another person by force, fear, or duress.

Lewd Acts with a Child Penal Code 288(a)

The crime of lewd acts with a child requires proof the defendant committed a lewd or lascivious act on a child under the age of 14. The crime of lewd acts with a child requires proof the defendant committed a lewd or lascivious act on a child under the age of 14.

Oral Copulation Penal Code 288(a)

The crime of oral copulation requires proof the defendant had contact with another person’s genitals or anus using the mouth or tongue. The crime of oral copulation requires proof the defendant had contact with another person’s genitals or anus using the mouth or tongue.

Sodomy Penal Code 286(c)

The crime of sodomy requires proof the defendant had contact with another person’s anus or genitals using the mouth or tongue. The crime of sodomy requires proof the defendant had contact with another person’s anus or genitals using the mouth or tongue.

Indecent Exposure Penal Code 314

The crime of indecent exposure requires proof the defendant exposed his or her genitals in a public place. The crime of indecent exposure requires proof the defendant exposed his or her genitals in a public place.

Child Pornography Penal Code 311(a)

The crime of child pornography requires proof the defendant created, possessed, or distributed child pornography. The crime of child pornography requires proof the defendant created, possessed, or distributed child pornography.

Incest Penal Code 285

The crime of incest requires proof the defendant had sexual intercourse with another person who is related to him or her by blood. The crime of incest requires proof the defendant had sexual intercourse with another person who is related to him or her by blood.

Aggravated Assault Laws

In California, aggravated assault is charged as a felony, and the penalties vary depending on the facts of the case. Common aggravated assault charges include:

  • Assault with a deadly weapon is defined as an assault that causes great bodily injury, or that involves the use of a deadly weapon. If the defendant is convicted of this crime, they will face a prison sentence of two, three, or four years.
  • Assault with intent to commit a serious felony. If the defendant is convicted of assault to commit a serious felony, they will face a prison sentence of three, four, or five years. If the defendant is convicted of assault to commit a serious felony, they will face a prison sentence of three, four, or five years.
  • Assault with intent to commit Mayhem. Mayhem is defined as the malicious and intentional maiming or disfiguration of another person. If the defendant is convicted of assault to commit mayhem, they will face a prison sentence of two, four, or eight years.
  • Assault with intent to commit rape. Assault with the intention of rape is a felony that is punishable by a prison sentence of three, six, or eight years. Assault with the intention of rape is a felony that is punishable by a prison sentence of three, six, or eight years.
  • Assault with the intention of sodomy is a felony that is punishable by a prison sentence of three, six, or eight years. Assault with the intention of sodomy is a felony that is punishable by a prison sentence of three, six, or eight years. Assault with intent to commit oral copulation:
  • Assault with the intention of oral copulation is a felony that is punishable by a prison sentence of three, six, or eight years.

Violent Crime Statistics in California

In 2021, the violent crime rate in California was 191.4 per 100,000 people. This is down from 193.9 in 2020, and it is the lowest rate since 1967. Property crime in California also decreased in 2021, from 2,215.4 per 100,000 people in 2020 to 2,193.3 in 2021. This is the lowest rate since 1962. There were a total of 160,990 violent crimes in California in 2021. This includes murder, rape, robbery, and aggravated assault. There were also 1,126,870 property crimes in California in 2021. This includes burglary, larceny, and motor vehicle theft.

The murder rate in California was 5.7 per 100,000 people in 2021. This is down from 6.1 in 2020. The rape rate in California was 34.5 per 100,000 people in 2021. This is down from 35.2 in 2020. The robbery rate in California was 54.7 per 100,000 people in 2021. This is down from 55.3 in 2020. The aggravated assault rate in California was 96.5 per 100,000 people in 2021. This is down from 97 in 2020. The burglary rate in California was 572.5 per 100,000 people in 2021. This is down from 577.5 in 2020.

The larceny rate in California was 1,447.9 per 100,000 people in 2021. This is down from 1,452.7 in 2020. The motor vehicle theft rate in California was 273 per 100,000 people in 2021. This is down from 289.2 in 2020. Overall, the violent crime rate in California has been declining for many years. It reached its peak in 1992 when it was 648.7 per 100,000 people. It has been declining ever since, and it is now less than half of what it was in 1992.

The property crime rate in California also peaked in 1992, when it was 4,843.7 per 100,000 people. It has also been declining since then, and it is now less than half of what it was in 1992.

Find a Criminal Defense Attorney Near Me

If you are facing violent crime charges, you should immediately seek out a violent crimes defense attorney near you. At Los Angeles Criminal Attorney, we stand ready to help you navigate the California criminal justice system and help you fight for your rights. Call us today at 424-333-0943.