San Marcos Violent Crime Attorneys
Located in the foothills of northern San Diego County, San Marcos is a progressive community with a low crime rate that consistently ranks among the safest cities in California. Although, even in San Marcos, it is possible to end up on the wrong side of the law.
If you have been accused of a violent crime, exercise your right to remain silent and retain jD Law Criminal Defense Attorneys for experienced legal representation. Since 1990, head attorney James N. Dicks has been defending the rights of Californians facing serious criminal charges. Not only has he tried and won hundreds of cases throughout his career, but his numerous client reviews can attest to his dedication and outstanding legal service.
Contact a San Marcos criminal defense lawyer at (760) 630-2000 to schedule a free consultation today.
In California, any crime that involves the use of force or threat of force to harm victims or cause them to fear for their well-being is classified as a violent crime.
This broad category includes a wide range of offenses, from misdemeanors to the most serious felonies, such as murder, rape, and kidnapping. An offense does not have to involve the use of a deadly weapon to be considered a violent crime. Some violent crimes count as a strike on your record under California’s Three Strikes Law.
Examples of criminal offenses that fall into the violent crimes category include the following:
- Domestic violence: Any form of abuse committed against an intimate partner is domestic violence under state law. Domestic battery is one of the most common domestic violence crimes. It involves willfully touching an intimate partner in a harmful or offensive way. Domestic battery is a misdemeanor, punishable by up to a year in jail, fines, community service, domestic violence classes, and protective orders. When it causes serious bodily injury, the crime is charged as aggravated battery. A felony conviction can mean up to four years in state prison.
- Carjacking: This is a common crime in California and throughout the U.S. Carjacking is taking a motor vehicle away from another person using force or fear. For this crime to occur, there must be actual infliction of physical force or threats to cause the victim harm. Carjacking is a felony offense that carries three, five, or nine years in state prison, a fine of up to $10,000, or both. Aggravating factors that can lead to enhanced penalties include injuring a victim, use of a firearm, kidnapping a person during a carjacking, or committing the crime for the benefit of a gang.
- Robbery: This crime involves the use of force or threats to take the property of another person against that person’s will. The prosecution must prove intent to permanently deny the owner of the use or enjoyment of the property to convict you. Robbery is a felony offense that counts as a strike under the Three Strikes Law. Second-degree robbery is punishable by a prison sentence of up to five years and a fine of up to $10,000. First-degree robbery carries up to nine years in prison and a fine of up to $10,000. Aggravating factors that can lead to enhanced penalties include firearm use and great bodily injury to a victim.
The Sixth Amendment to the U.S. Constitution guarantees the rights of criminal defendants, including the right to a speedy trial by an impartial jury and the right to a criminal defense lawyer to defend you against the charges.
Your defense strategy will depend on the unique circumstances of your case. Common defenses against violent crime charges include:
- Defense of self, others, or property: It is not a crime to defend yourself, your family, or your property against others.
- Mistaken identity: A witness or victim misidentified you as the perpetrator of a violent crime.
- Alibi: You can prove you were elsewhere when the crime was committed.
- Rights violations: Law enforcement violated your constitutional rights, for example, by illegal search and seizure, failing to read your Miranda rights, or using illegal techniques to obtain a confession.
Your best chance of obtaining the most favorable outcome is to have an experienced San Marcos violent crime attorney defending you against the charges.
If you have been charged with a violent crime in San Marcos, jD Law Criminal Defense Attorneys can provide the exceptional defense and legal guidance you need during this difficult time. We have helped countless clients resolve complex cases and are committed to achieving a favorable outcome every time.
Our San Marcos legal team has the knowledge and resources to build the strongest possible defense so that you can face your charges with confidence.
Contact jD Law Criminal Defense Attorneys at (760) 630-2000 to schedule a free consultation. We’re here to protect your future.
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