VISTA Violent Crimes Attorney:
Defense of Assault, Battery, Manslaughter & Homicide

Some of the Most Common Violent Crimes

In general, violent crimes carry stiff penalties in California and require a lawyer experienced in defending serious offenses like these. That being said, there are many different violent crimes in California and each one carries different penalties and will require a different method of defense. These are some of the most commonly charged types of violent offenses in San Diego County:

Guns Laws & Other Weapon Offenses

Commonly violated gun laws in California include having a concealed firearm, unlawfully discharging a firearm, brandishing a firearm, carrying an unlicensed firearm, unlawful selling of a firearm, carrying guns and certain drugs at the same time, improper storing of a firearm and other offenses.

When it comes to what weapons are illegal to possess in California, state law prohibits the possession of switchblades, assault weapons, brass knuckles, most concealed weapons and more. Additionally, the National Firearms Act prohibits possession or use of a machine gun or silencer.

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

Penalties for violating weapons laws may include jail or prison, fines, loss of the right to own a deadly weapon, and other penalties. Additionally, using a firearm while committing certain crimes can add 10, 20 or even add 25 years to life to the penalty, depending on whether the gun was fired or if anyone was injured or killed.

Murder, Manslaughter, & Vehicular Manslaughter

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

These crimes are legally complex with potentially severe penalties. Murder is punishable by life in prison; specifically, 15 years to life for 2^nd degree murder and 25 years to life for 1^st degree murder. 1^st degree murder requires premeditation and deliberation. If a “special circumstance” crime is committed during the course of the murder, the penalty is life without parole or the death penalty. In this context, special circumstances include:

• financial gain
• a previous murder conviction on your record
• escaping arrest
• murder of a witness or law enforcement officer
• deaths that occur during the commission of a felony
• torture
• the use of poison or a bomb
• lying in wait
• drive-by shooting
• murders performed as part of a hate crime or gang crime

Manslaughter or attempted murder may be punished with a prison sentence or probation.
It is worth mentioning that while assisted suicide is legal in California, the aid can only come from a licensed physician and the patient must both be terminally ill and not suffer from diminished mental capabilities. If you killed someone who wanted to die, even if they begged you to do so, and it falls outside the very limited scope of legal assisted suicide, you could face murder charges.

The Best Defenses to Violent Crimes Charges

There are many different defenses to these criminal charges and not every defense will apply to every situation, though in some cases, your attorney may choose to use multiple defenses. Never attempt to mount any defense without first speaking to your defense attorney. Also remember that police have all kinds of tricks they use to get people to confess or otherwise say things that can later be used against them, so you should never speak to any law enforcement officer without your criminal defense attorney present.

While sometimes the best option is agree to a plea bargain that will minimize the charges or sentencing you may face, other times it’s better to fight the accusations altogether. Some common defenses used in these types of cases include:

Challenging the Evidence

While shows like CSI may have convinced the public otherwise, there are many serious issues with forensic science. In fact, some studies show that blood splatter analysis may be complete junk science. Similarly, just because an eyewitness identified you doesn’t mean you are guilty as multiple studies have shown that eyewitness accounts can be highly unreliable.

An Alibi Backs Your Story

If someone has accused you of a crime, but you have a reliable alibi proving you could not have been at the crime scene during the time the crime was committed, this may be a critical piece of evidence showing your innocence.

You Were Acting Under Duress

If someone forced you to commit a crime by threatening your life or someone else’s, you can argue that you had no choice. This defense cannot be used in homicide cases though, as it is not considered valid to trade one life for another.

A Parent’s Right to Discipline

This defense is only useful in cases involving alleged child abuse and even then, can only be used where it can be argued that the parent was using reasonable discipline, which excludes any cases where the parent punched, kicked, choked or caused a traumatic injury to the child. That being said, you may be able to argue that you were using no more force than necessary to discipline your child.

As Your San Diego Violent Crimes Attorney, I Can Help You

As your lawyer I will not only represent you in and out of court, but also do whatever I can to make the process as unintimidating as possible. I will work to help you by:

1. 1 Updating you on your case and advising you about the best actions to take throughout the process
2. 2 Arguing for lower bail or for you to be released on your own recognizance
3. 3 Making appropriate court motions. For weapons charges, this may include a “motion to suppress evidence” if a weapon was found as a result of other illegal search and seizure. A successful motion to suppress may result in some or all of the charges being dismissed
4. 4 Questioning police and witnesses involved with your case
5. 5 Collecting evidence that can support your defense
6. 6 Hiring forensic experts to challenge the prosecution’s evidence
7. 7 Evaluating and presenting the right legal defense for your specific case
8. 8 Seeking a reduction of charges whenever possible
9. 9 Representing you at trial or in a plea bargain
10. 10 Working to ensure you receive the minimum possible sentence. This could involve securing an alternative sentence such as probation, house arrest or work furlough so you can serve your time outside of prison or jail.

Experience and Knowledge in My Field

I pride myself on offering all of my clients top quality representation for an affordable price. That means taking advantage of my 35 years experience as one of the top criminal defense attorneys in my area to defend clients who have been accused of all types of violent crimes in San Diego County, including assault, battery, weapons violations, murder, manslaughter, and vehicular manslaughter.

Personalized Service Every Step of the Way

When you work with me, I guarantee I will be available every day, every hour thanks to my 24-hour-a-day, live answering service. I consider all calls and emails to my law firm urgent and will always respond promptly and courteously. I personally handle every case that comes through my door from start to finish and offer a free consultation to allow clients to ask me questions and learn more about my qualifications before making a decision on whether they want to hire me.

Two Convenient Locations

My Vista office is located just across the street from the North County San Diego courthouse and jail and free parking is available. My San Diego office is just off the I-5 in Carmel Valley. My rates are affordable and I accept all major credit cards.