Vista & San Diego Violent Crimes Attorney

Sentencing for Violent Crimes in California

California’s harsh sentencing laws, including the famed Three Strikes Law, can leave offenders in prison for decades. “These charges require a lawyer experienced in handling cases with life-altering consequences,” explains Liss. “Each offense carries distinct penalties and requires a unique method of defense.”

Examples of the potential sentencing for some violent crimes in San Diego County include:

Assault and Battery

“These are the most commonly charged violent crimes in San Diego,” explains attorney Liss.²³ While often confused with one another, assault and battery are legally distinct. Battery involves intentionally and unlawfully using force or violence against another person. Assault is an attempt or threat to use force against someone, even if no physical contact occurs.

Both assault and battery can be charged as a misdemeanor or a felony, depending on the specifics of the situation and the degree of force or injury involved. “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.” Penalties may include jail or prison time, fines, probation or parole, and other legal consequences.

If “great bodily injury” occurs as a result of battery or if an assault involves the use of a weapon, the offense may be a strike under the three strikes law.

Gun and Other Weapon Crimes

California prohibits the possession of certain dangerous weapons, including switchblades, assault weapons, and brass knuckles. Federally, the National Firearms Act prohibits possessing or using a machine gun or silencer.²⁴ While most knives and swords are legal to carry, concealing them is illegal.²⁵

Similarly, some people are subject to additional weapons restrictions. For example, those convicted of any felony, or misdemeanor gang crimes, domestic violence, or hate crimes cannot possess firearms; and those convicted of felonies cannot have stun guns or pepper spray.²⁶

Penalties for violating weapons and gun laws may include jail or prison, fines, lost gun ownership rights, and other consequences. Additionally, under 12022.53(PC), using a firearm while committing certain crimes can add 10, 20 or 25 years to life to the penalty, depending on whether the gun was fired or if anyone was injured or killed.²⁷

Gang Enhancements

Gang crimes are not actual criminal charges in California, but “enhancements” to other offenses, meaning you cannot be found guilty unless you are first convicted of an underlying charge. To prove the charges, the prosecution must show that you committed an offense related to gang activity.

If you are found guilty of a misdemeanor with a gang enhancement, you will be convicted of a felony. If the crime was already a felony, 4 years will be added to your sentence and a strike will be added to your record. For serious crimes such as drive-by shootings or murders, an extra 10 years of prison time will be added instead.

Hate Crimes

Most hate crimes are enhancements that can be added to a crime if prosecutors believe you targeted the victim based on their race, ethnicity, origin, religion, gender, sexual orientation, or disability.

The exception applies when someone harms another person, damages another person’s property, or works to prevent another person from exercising their constitutional rights. While these charges, filed under 422.6 (PC), are not enhancements, they still apply only if the victim was chosen due to one of the above factors.²⁸

Charges filed under 422.6 (PC) are always misdemeanors, punishable by up to 1 year in jail. Hate crime enhancements can be a misdemeanor, punishable by up to 1 year in jail, or a felony, punishable by up to 3 years in prison.

Murder, Manslaughter, and Vehicular Homicide

Murder is the unlawful, unjustified, intentional killing of a human being. Attempted murder is an unsuccessful attempt to unlawfully and intentionally take someone’s life.

Additionally, California’s felony murder law means that people can face murder charges if they accidentally kill someone during the commission of certain violent or sexual offenses.²⁹ Assisted suicide can also be considered murder if it is not performed to the exacting standards of the law.³⁰

Manslaughter is the unlawful killing of a human being without intent to kill. Vehicular homicide (also called vehicular manslaughter) means unlawfully killing another person with a vehicle without intent to kill.

These crimes are legally complex with severe penalties. Murder convictions can result in life imprisonment, depending on the specifics of the crime. The death penalty may be applied in cases involving “special circumstances,” such as the use of poison or torture. Manslaughter and attempted murder are punishable by prison or probation.