Bonsall Violent Crime Defense Lawyers
Violent crimes are criminal offenses that involve using force or threats against another individual, or the use of a deadly weapon. They make up the most serious category of crimes, with the most severe penalties under California law. Not all violent crimes are felonies. When charged as misdemeanors, some violent crimes can become felonies with aggravating factors, such as great bodily injury or the use of a deadly weapon.
Most violent crimes carry jail or prison sentences. If you are facing charges, contact a Bonsall violent crime attorney from jD Law Criminal Defense Attorneys at (760) 630-2000 as soon as possible.
Under the umbrella of violent crimes, some offenses are much more severe than others. For example, simple assault is a misdemeanor, punishable by up to six months in jail and a fine of up to $1,000. First degree murder, on the other hand, is a felony offense that carries a prison sentence of either 25 years to life or life imprisonment without possibility of parole. Examples of violent crimes in Bonsall include the following:
- Assault: This crime is defined as the “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” It is not necessary for an injury to actually occur. A charge of assault only requires acting in a way that resulted in, or could have resulted in, the application of force on another individual. If the victim suffered no significant injuries, the crime is charged as simple assault. The crime becomes aggravated assault when a deadly weapon or deadly force is used. When prosecuted as a felony, it carries two, three, or four years in state prison.
- Kidnapping: Taking a person away by force or fear without that person’s consent is simple kidnapping. For kidnapping to occur, the victim must be moved a substantial distance. Aggravated kidnapping occurs when it involves using force, fear, or fraud, and when any of the following occurs: The victim is held for ransom, suffers bodily harm or death, is under the age of 14, or is kidnapped during a carjacking. Simple kidnapping is punishable by three, five, or eight years in state prison and a fine of up to $10,000. Aggravated kidnapping carries enhanced sentencing, including prison terms ranging from five, eight, or 11 years to life without the possibility of parole.
- Carjacking: Taking a motor vehicle from another person using force or fear is carjacking. In this context, “force or fear” means actually inflicting physical force, or threatening to cause harm to the victim. The victim may be the driver or a passenger and does not have to be the vehicle owner. Penalties for carjacking can be enhanced for aggravating factors, such as the use of a deadly weapon or causing injury to the victim. Carjacking carries up to nine years in prison. Injury to the victim can add three to six years to the sentence. Use of a deadly weapon can add 10, 20, or 25 years.
Defendants have rights under the U.S. Constitution, and our Bonsall criminal defense lawyer is committed to protecting those rights. First and foremost, you are innocent until proven guilty. The prosecution has the burden to prove guilt beyond a reasonable doubt. We can examine the prosecution’s case against you to find every flaw and raise every applicable defense against the charges. We can investigate to determine if there were any violations of the Fourth Amendment, which prohibits illegal search and seizure.
Contact jD Law Criminal Defense Attorneys at (760) 630-2000 for skilled criminal defense against violent crime charges in Bonsall.
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