Del Mar Violent Crime Defense Attorneys
Any criminal offense in which a person uses force or threat of force to cause harm to another is a violent crime. Penalties for violent crimes have been significantly increased by California lawmakers. A conviction usually leads to incarceration and fines. Certain violent felonies count as a strike on your record under the state’s three-strikes law. If you have been charged with a violent crime in Del Mar, speak with an experienced criminal defense attorney at jD Law Criminal Defense Attorneys as soon as you can.
Numerous criminal offenses are considered violent crimes. This category includes crimes that are misdemeanors, felonies, and wobblers – offenses that can be charged as either a misdemeanor or a felony at the discretion of the prosecutor. Common violent crimes in Del Mar and the surrounding area include:
- Burglary: Illegal physical entry into a structure or vehicle with the intent to commit a crime therein is burglary. When a person other than an accomplice is present at the scene, it is considered a violent crime. First-degree burglary is charged when the crime involves entering an inhabited residential dwelling. It is charged as a felony that carries up to six years in prison and/or a fine of up to $10,000 and counts as a strike under the three-strikes law.
- Murder: This is the most serious of all violent crimes. First-degree murder is the premeditated, deliberate killing of another human being. A conviction can result in a state prison term of 25 years to life, life imprisonment without the possibility of parole, or death (although capital punishment is currently suspended). Second-degree murder is the unlawful killing of a human being done with malice aforethought but without premeditation and deliberation. It is a felony offense, punishable by 15 years to life in prison.
- Assault with a deadly weapon: A person who assaults someone else using a deadly weapon or force that would likely result in great bodily injury can be charged with this crime. It is a wobbler offense that can be charged as either a misdemeanor or a felony. Penalties may include a term of incarceration in county jail or state prison for up to four years and/or a fine of up to $10,000. If the deadly weapon used in the commission of the crime is a semi-automatic firearm, the prison sentence is three, six, or nine years. If it is a machine gun, assault weapon, or a .50 BMG rifle, the prison term can be four, eight, or 12 years.
The U.S. Constitution guarantees certain rights to all criminal defendants. These include your rights to remain silent, to be notified of your charges, to confront a witness, to a speedy trial, to a trial by jury, to due process, and to equal protection. You also have a right to an attorney to defend you against the charges. Legal arguments your lawyer may raise against violent crime charges may include self-defense, defense of another, misidentification, false witness testimony, lack of intent, and accidental death.
Our Del Mar criminal defense attorney is a board-certified criminal law specialist who can protect your rights and work to obtain the best possible outcome in your case. We can examine the prosecution’s evidence against you and challenge every flaw. We can negotiate with the prosecution for a plea bargain or present a strong defense before a judge and jury.
If you are facing violent crime charges, contact jD Law Criminal Defense Attorneys today to discuss your case by calling (760) 630-2000.
Sample of Case Results
- Felony Assault with a Deadly Weapon -
Reduced to Misdemeanor
- Battery Charge -
- Felony Battery with Injuries on Police Officer -
Reduced to Misdemeanor, No Jail
View more case results here.
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