Camp Pendleton Violent Crime Defense Lawyers
Some crimes are more serious than others, and violent crimes are the most serious category with the most severe penalties. They can range in severity from simple assault and battery to arson or robbery to voluntary manslaughter or murder. Violent crimes can be defined as criminal offenses that involve hurting, attempting to hurt, or threatening to hurt another individual, or the use of a deadly weapon. If you are facing violent crime charges, consult with an experienced Camp Pendleton criminal defense lawyer from jD Law Criminal Defense Attorneys at (760) 630-2000 without delay.
Conviction of a violent crime usually carries penalties, including incarceration and fines. Violent felonies, such as robbery, rape, murder, and assault with a firearm count as a strikes under California’s three strikes law. With a third strike, you could face 25 years to life in prison. Some examples of violent crimes in Camp Pendleton and California include:
- Robbery: Using force or threats to take someone else’s property against that person’s will is the crime of robbery. It is a felony offense, punished in two degrees. Second degree robbery carries up to five years in state prison, fines up to $10,000, or both. First degree robbery is punishable by a prison sentence of up to nine years and fines as high as $10,000. Robbery can be aggravated with enhanced penalties of six additional years in prison if the crime causes great bodily injury.
- Murder: This is the most serious violent crime under California law. It involves taking the life of another person without a lawful reason, such as self-defense. Murder can be a premeditated act (first degree) or without deliberation or premeditation (second degree). First degree murder carries a prison sentence of either 25 years to life or life imprisonment without possibility of parole. Second degree murder carries 15 years to life in state prison.
- Rape: Using force, threats, or fraud to engage in non-consensual sexual intercourse with another person is rape. All rape charges are prosecuted as felonies. A felony rape conviction carries up to eight years in state prison and mandatory registration as a sex offender. If the victim sustained great bodily injury, penalties are enhanced with an additional three to five years in prison.
- Arson: Under the California Penal Code Section 451, “A person is guilty of arson when he or she willfully and maliciously sets fire to or burns or causes to be burned or who aids, counsels, or procures the burning of, any structure, forest land, or property.” If it causes great bodily injury, arson is a felony offense, punishable by five, seven, or nine years in state prison. If it causes an inhabited structure or property to burn, it carries three, five, or eight years in state prison.
If you are facing violent crime charges, you have rights under the Sixth Amendment, including the right to remain silent, the right to an attorney, and the right to a speedy trial. Perhaps the most essential protection under the Constitution is that the prosecution must prove guilt beyond a reasonable doubt.
Our Camp Pendleton violent crime attorney can raise defenses against the charges based on the circumstance of your case. Common violent crime defenses include self-defense, defense of others, false accusations, false witness testimony, and mistaken identification.
At jD Law Criminal Defense Attorneys, our founding attorney is a former police officer and a board-certified criminal law specialist. For more than three decades, we have been vigorously defending the rights of the accused. Call us today at (760) 630-2000 if you face violent crime charges in Camp Pendleton.
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