Vista & San Diego Violent Crimes Attorney

What is a Violent Crime in California?

In general terms, a violent crime is any crime that involves force or the threat of force. No physical contact needs to occur.

Violent Felonies Vs. Violent Crimes

California has a specific list of “violent felonies,” defined under Penal Code 667.5 (PC).¹ The crimes listed in this statute do not include all crimes that may be considered violent, but the law does include many serious offenses likely to result in great bodily injury. Examples include:

• Kidnapping
• Arson
• Carjacking
• Rape
• Mayhem
• Attempted Murder
• Murder
• Any crime punishable by the death penalty

“Under 2933.1 (PC),² violent felonies are distinct from other crimes because they require you to serve 85% of your sentence before you can be eligible for early release,” explains attorney Peter Liss, “whereas non-violent felonies only require you to serve 50% of your sentence first.” Additionally, prior convictions for these offenses can add time to your sentence.

Common Violent Crime Charges in California

California has numerous criminal offenses that may involve force, violence, or fear. These charges can include anything from animal abuse to vehicular manslaughter and from restraining order violations to torture. “Some of the most common violent crimes in San Diego County are assault, battery, weapons offenses, and robbery,” explains Liss, “but these are only a small subset of the many criminal offenses that may involve the use of force or fear.”

Assault

While often used together alongside or in place of the word “battery,” assault is a distinct crime. It is defined as an attempt or threat to use force against another person, paired with the ability to do so. No physical contact must actually occur.

Assault charges can range from simple assault to more serious aggravated assault offenses. An assault is considered aggravated when it involves more serious circumstances, such as the use of a weapon or an assault on a peace officer.

Simple assault is always a misdemeanor; however, aggravated assault can be a misdemeanor or felony, punishable by jail or prison.

Learn more about assault on our dedicated practice page. 

Battery

Whereas assault involves the threat or attempt to use force on another person, battery involves the actual use of unlawful force or violence on another person. California law recognizes several battery offenses, with penalties based on the alleged conduct, injuries, victim, and other circumstances.

“Note that while mutual combat is technically illegal in California,” Liss says, “in my experience, prosecutors rarely file charges in these cases unless one party suffers significantly greater injuries than the other.”

Learn more about battery on our dedicated practice page.

Firearm and Other Weapon Crimes 

California has strict rules on the possession of certain dangerous weapons, including switchblades and assault weapons. Even weapons that are legal to carry, like most knives, cannot be carried while concealed. In many cases, using a weapon in the commission of another crime can result in additional penalties under laws like the 10-20-life rule.

Sentencing for weapons and gun law violations may include jail or prison, fines, lost gun ownership rights, and other consequences.

Learn more about weapons crimes on our dedicated practice page.

Robbery

Robbery is defined as the taking of another person’s property through the use of force or fear, which makes it a violent crime as well as a form of theft. It is often charged alongside other theft offenses, such as burglary, or other violent crimes, such as aggravated false imprisonment or aggravated assault.

Robbery is always a felony, punishable by years in prison. More serious penalties may apply if a firearm was used.

Learn more about robbery on our dedicated practice page.

Other Criminal Offenses Involving Violence

Examples of other violent crimes in California may include:

• Criminal Threats
• Drive-By Shootings
• Elder abuse
• Fetal homicide
• Rioting

How Prosecutors Decide What Charges to File

The District Attorney considers many factors when making charging decisions. There is often a thin line between a more serious offense and a lesser crime. For example, the prosecutor must decide whether a purse snatching involving the slightest use of force will be charged as robbery or petty theft.

Factors that may affect the DA’s charging decisions include:

• How much force was used
• The severity of the victim’s injuries
• If the prosecutor suspects the offense was a hate crime or gang crime
• Whether a weapon was used
• The relationship between the victims
• The defendant’s criminal record
• Where the event took place
• The available evidence

Depending on the situation, a Vista defense attorney like Peter M. Liss may be able to convince the prosecutor to file lesser charges based on the available evidence or mitigating circumstances. For example, he could present video evidence showing that although the defendant touched someone while taking their purse, the contact was minor and not forceful.

Potential Consequences of a Violent Crime Conviction

While violent crimes often carry lengthier sentences than non-violent offenses, many of these crimes are still misdemeanors. Depending on the offense, sentencing typically includes fines and jail or prison. However, some cases may involve a diversion or probation program that can minimize or eliminate the time the defendant spends behind bars.

Weapon Restrictions

Additionally, anyone convicted of any felony, hate crime, or misdemeanor acts involving physical violence will lose their right to own or carry a firearm. Those convicted of felonies and certain misdemeanor violent crimes can also no longer carry or possess stun guns or pepper spray.

Three Strike Consequences

Many felonies are strikes under the three strikes law. Under this law, those with a prior strike will automatically have their sentence doubled, and those with two prior strikes will face life imprisonment. However, California law limits which crimes can be considered a third strike.

Visit our dedicated practice page to learn more about the three strikes law.

Enhancements

Many defendants accused of violent crimes may also face potential enhancements that could increase the length of their sentence. An example includes California’s felony murder law, which can leave people facing murder charges if they accidentally kill someone during the commission of certain violent or sexual offenses.

The Best Defenses to Violent Crimes in San Diego County

The appropriate defense for a specific violent crime depends on the exact charge, evidence, and circumstances of the case. Not every defense applies to every case, and what you say can limit your defense options. Always remain silent when questioned by the police and insist on speaking with a Vista violent crimes lawyer. Some defenses commonly used in these cases include:

You Were Acting in Self-Defense

Self-defense is a full defense, meaning you cannot be convicted if your defense succeeds. “To successfully claim self-defense,” explains Liss, “you must show that you or someone else was in immediate danger and that you used no more force than necessary to stop the threat.”

If you killed someone without meeting the standards required to prove self-defense, you may be able to argue that you performed imperfect self-defense, meaning you should face manslaughter rather than murder charges.

Lack of Intent or Knowledge

Most violent crimes require the defendant to have acted with intent. So, for example, if you were playing baseball and accidentally hit someone while trying to hit a pitch, you didn’t commit battery, no matter how badly they are injured.

Similarly, many laws require knowledge. For example, an Uber driver would typically not be legally responsible if they were unaware that a passenger left an illegal weapon behind in their backseat.

Mistaken Identity or An Alibi

If someone accuses you of a crime, but you have proof you could not have been at the crime scene at the time, that may be enough to show your innocence. 

Insufficient or Unreliable Evidence

If prosecutors don’t have enough evidence to prove all the elements of the crime, you should not be convicted.

Even with ample evidence, the case isn’t closed. You can challenge the evidence. For example, while shows like CSI may have convinced the public otherwise, forensic science is rarely conclusive on its own.

Police Misconduct or Constitutional Violations

If police forced you to confess or searched your home without a valid warrant, your attorney may be able to suppress any evidence related to the rights violation. In cases of grave misconduct, or when too little evidence remains to secure a conviction, the charges may be dropped altogether.

Negotiating a Plea or Reduced Charge

Most criminal cases in California are resolved through plea bargains. A good defense attorney is critical in fighting for a plea that can minimize your charges and sentencing.

Why Choose Peter Liss for Violent Crime Defense?

When you hire San Diego lawyer Peter Liss to represent you in a violent crime case, he will immediately start working to protect your rights and fight the charges. Depending on the specifics of your case, he may:

• Protect and support you during police interrogations.
• Work to get your bail reduced or have you released without bail.
• File court motions on your behalf.
• Question police and witnesses involved in your case.
• Seek a reduction of charges whenever possible.
• Evaluate and present the most suitable defense for your circumstances.
• Hire forensic experts or independent investigators to challenge the evidence against you.
• Work to secure minimal sentencing, which could involve an alternative sentence such as probation, house arrest, or work furlough.

Scheduling a consultation is the first step to building a defense against the charges. If you have been accused of a violent crime in California, please call defense attorney Peter Liss at (760) 643-4050.