Violent Crimes

Steadfast Modesto Criminal Defense Attorney Serving Clients Throughout Stanislaus County

Violent crimes are those criminal offenses that involve some element of force or threat to use force against another person. While the most serious violent crimes involve death or serious bodily injury, even those that do not result in another's injury subject you to potential jail time if you are found guilty. Thus, it is essential that you reach out to an experienced defense lawyer as soon as you learn of the allegations. At the Law Office of Rebecka A. Monez, our Modesto criminal defense attorney is proud to stand up for the rights of clients who face charges related to assault, domestic violence, homicide, and sex offenses. We take an individualized approach to every case we handle, valuing your input and working collaboratively to develop a compelling defense.

Types of California Violent Crimes

California Penal Code § 667.5 provides a list of violent felonies, including:

• Arson,
• Assault with the intent to commit another felony,
• Burglary of the first degree,
• Carjacking,
• Continuous sexual abuse of a minor,
• Kidnapping,
• Lewd or lascivious acts,
• Mayhem,
• Murder,
• Attempted murder,
• Rape,
• Robbery,
• Sexual penetration,
• Voluntary manslaughter, and
• Witness intimidation.

Other Violent Crimes

In addition, the following are also generally considered to be violent crimes, although they are not necessarily felonies:

• Assault,
• Battery, and
• Domestic violence.

Regardless of the nature of the charges you face, a conviction for a violent crime will change your life.

What Are the Penalties for a Violent Crime Conviction?

California judges, prosecutors and lawmakers all take a hardline approach when it comes to violent crime. The fact that almost all violent crimes are considered felonies means that, even for a first-time offender, jail time is likely. Additionally, if you have one or more prior convictions for a serious or violent felony, you will be sentenced under the California three-strikes law.

Under Penal Code § 667, those with one prior conviction for a serious or violent felony will have their sentence doubled. However, if you have two or more serious or violent felony convictions, you will be sentenced to life in prison with a minimum parole-eligibility date of either three times the base sentence for each felony or 25 years, whichever is greater.

Given the strict California sentencing enhancements, aggressively defending against a violent crime is not only important to keep you out of jail today, but also to prevent an extremely harsh sentence in the event you are arrested for a crime in the future.

Defenses to a Violent Crime

While violent crimes are some of the most serious offenses, there are several defenses available that may either result in a not guilty verdict or the prosecution withdrawing charges or dropping the case entirely. In many cases, the best defense to a violent crime is challenging the sufficiency of the government's evidence as it pertains to your mental state or the involvement or use of a firearm. In cases involving a statement you made to law enforcement, an attorney may be able to prevent your statement from coming into evidence by successfully litigating a motion to suppress. And, in most cases involving violent crimes, attacking the credibility of the witnesses can inject doubt into the government's case.

Of course, the specific defenses that are available to you depend on the facts surrounding your arrest. Rebecka Monez has the experience and legal knowledge necessary to identify and develop the best possible defense in your case.