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Encinitas Violent Crime Attorneys

Defending Against Violent Crime Charges in Encinitas

In California, a crime is considered violent if it involves the use of force or threat of force to harm others or to cause them to fear for their safety and well-being. Penalties for violent crimes in California can be severe. Not only could you face jail or prison time and heavy fines, but a conviction could count as a strike on your record under the three-strikes law. If you have been accused of a violent crime, contact an experienced Encinitas criminal defense attorney at (760) 630-2000 as soon as possible.

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What Criminal Offenses Fall in the Violent Crimes Category?

The violent crimes category in California contains a wide range of offenses. Many of them have aggravating factors and enhanced penalties. Examples of violent crimes in Encinitas include:

  • Mayhem: Maliciously depriving another person of a body member, as by disfigurement or making the body part useless, is the felony offense of mayhem. It carries up to eight years in state prison and/or a fine of up to $10,000. If the victim is under the age of 14, over the age of 65, or physically or developmentally disabled, sentencing is enhanced with one to two additional years. A person commits aggravated mayhem when he or she intentionally causes another person permanent disability or deprives that person of a limb, member, or organ. This crime is punishable by life in prison with the possibility of parole.
  • Sexual assault: Any type of sexual contact that occurs without the explicit consent of the recipient is sexual assault. Forced sexual intercourse, forcible sodomy, child molestation, and attempted rape are different types of sexual assault. This crime can be charged as a misdemeanor or a felony. A misdemeanor conviction carries up to six months or up to one year in jail, depending on the circumstances, and/or a fine of up to $2,000 or up to $3,000 if the victim is an employee. Felony sexual assault is punishable by a prison sentence of two, three, or four years and/or a fine of up to $10,000. Offenders are required to register as sex offenders for a minimum of 10 years or for life, depending on the crime.
  • Kidnapping: Using force or fear to move another person a substantial distance without that person’s consent is kidnapping. It is a felony crime that carries up to three, five, or eight years in prison, depending on the specifics of the crime, and/or a fine of up to $10,000. Kidnapping is in the serious felony category and counts as a strike under California’s three-strikes law.

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What Are Some Common Arguments Against Violent Crime Allegations?

If you have been charged with a violent crime in Encinitas, you still have rights, including the right to an attorney who can provide a strong defense against the charges. Legal arguments against the charges will depend on the crime and the circumstances of your case. Common legal defenses in violent crime cases include self-defense, defense of others, misidentification, false witness testimony, and lack of intent.

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How Can an Encinitas Violent Crime Lawyer Help?

Violent crimes can carry severe penalties and have long-term consequences. It is important to have an experienced criminal defense attorney guiding you through the criminal justice system, protecting your rights, and aggressively defending you against the charges. Our Encinitas violent crime lawyer can examine the evidence, challenge every flaw, and develop a defense strategy based on the circumstances of your case. We can negotiate with the prosecutor for a favorable plea agreement or defend you against the charges in front of a jury.

Contact jD Law Criminal Defense Attorneys at (760) 630-2000. Our founding attorney is a board-certified criminal law specialist.

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