Fallbrook Violent Crime Defense Lawyers
Violent crimes are considered some of the most serious criminal offenses. Crimes are classified as violent in California when they involve the use of force or threat of force to harm victims or cause them to fear for their safety and well-being. Penalties for violent crimes can be severe. If you are facing violent crime charges, speak with an experienced Fallbrook criminal defense lawyer at jD Law Criminal Defense Attorneys at (760) 630-2000 as soon as possible.
In California, violent crimes comprise a broad category, ranging from misdemeanor offenses to the most serious felonies, such as murder, which carry severe penalties and can count as a strike under California’s three-strikes law. The following are some examples of common violent crimes in Fallbrook:
- Assault: This crime is defined as the “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” The victim does not have to be injured for assault to occur. It is usually charged as a misdemeanor if no weapon was used, and the victim was not significantly injured. Penalties for simple assault may include a jail sentence of up to six months and/or a fine of up to $1,000. Assault can be aggravated when a deadly weapon or any type of deadly force is used. Aggravated assault is a wobbler that can be charged as either a misdemeanor or a felony. As a misdemeanor, it carries up to one year in jail and/or a fine of up to $10,000. As a felony, it is punishable by a prison sentence of two, three, or four years. If certain weapons are used, or the crime is committed against a police officer or firefighter, penalties can be enhanced to up to 12 years in prison.
- Robbery: This theft crime involves using force, intimidation, and violence or threat of violence to take someone else’s property. Robbery is a felony offense. In the second degree, it carries up to five years in prison and/or a fine of up to $10,000. In the first degree, it is punishable by a prison sentence of up to nine years and/or a fine of up to $10,000. Firearm use is an aggravating factor that could lead to enhanced sentencing.
- Carjacking: Taking control of a vehicle from another person through the use of force or fear is carjacking. It is a felony that carries up to nine years in state prison and/or a fine of up to $10,000 and counts as a strike under the three-strikes law. Sentences can be enhanced if the offense involved the use of a gun, a victim was injured or kidnapped, or the crime was gang-related.
If you have been charged with a violent crime, you are innocent until proven guilty. The burden of proof is on the prosecution, and the standard of proof is beyond a reasonable doubt. You have the right to a speedy trial, the right to remain silent, and the right to an attorney who will vigorously defend you against the charges.
Legal defenses against violent crime charges include misidentification, false witness statements, self-defense, and defense of another person. Our Fallbrook violent crime attorney can thoroughly examine the prosecution’s case against you, challenge every flaw, and raise every applicable argument in your defense.
Contact jD Law Criminal Defense Attorneys at (760) 630-2000. We believe your constitutional rights must be constantly protected and maintained. Our founding attorney is a former LAPD detective and a board-certified criminal law specialist.
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