California laws are strict as far as violent crimes are concerned. The crimes involve severe injuries to the alleged victim, and convictions carry brutal penalties such as fines, lengthy sentences, and restitution to the alleged victims. Moreover, the criminal record could prevent you from securing lucrative employment opportunities and carries a stigma. With so much at stake, seeking experienced legal representation is a no-brainer. When criminal charges are on the line, the legal team at California Criminal Lawyer Group has a proven track record of assisting defendants get the most favorable case results. We can work to ensure your constitutional rights are protected and that you can assert a robust legal defense.

A Brief Summary of Violent Crimes in California

Under California Penal Code Section 667.5(c) PC, a violent crime or a violent felony is punishable by additional penalties for a conviction like a strike on the criminal record and prison term enhancements. Facing criminal charges is a devastating experience, especially without legal representation. The California criminal justice process and charge are sources of confusion and questions that could baffle you. Therefore, if you have violent crime allegations, you should retain an experienced criminal defense attorney straight away.

The section below analyzes some of the most common types of violent crimes. It also discusses what you should understand about the legal strategies. Feel free to speak with our legal team, and we will answer all questions regarding your case facts.

California Mayhem

PC 203 defines mayhem as behavior that illegally and maliciously:

  • Deprives a human being of a body member,
  • Permanently disfigures a person,
  • Disables or renders a part of a person's body useless in a manner that goes beyond temporary or slight
  • Disables or cuts a person's tongue
  • Slits a person's lip, ear, or nose

As far as this context is concerned, you act maliciously when you either deliberately engage in wrongful conduct or act with the illegal intent to injure or annoy another person. That means you aren't guilty if you acted by accident, without intending to do something wrong or illegally injure another person.

Violation of PC 203 is a felony punishable by up to ten thousand dollars in fines and a maximum of eight years in state prison. On the other hand, aggravated mayhem can result in a life sentence with the possibility of parole.

Fortunately, there is hope, and your defense lawyer can help you find a valid legal defense against the criminal charge. Depending on the case facts, they could include:

  • False accusations
  • You acted in defense of self or others
  • It was an accident

California Rape

PC 261 defines rape as using threats of force, fraud, menace, fear of bodily injury, retribution, violence, coercion, or force as a method of engaging in non-consensual sexual intercourse with somebody else to whom you aren't married.

For you to be convicted of PC 261, the alleged victim must be alive during the commission of the crime.

To consent means the individual should act voluntarily, freely, and be aware of the act's nature. Please note that an individual who at first consented to sexual intercourse might change their mind during the conduct and no longer consent. Should this occur, the sexual intercourse act is committed non-consensually if:

  • The alleged victim communicates no consent through acts or words to the accused.
  • The reasonable individual could have understood that the acts or words meant no consent.
  • The accused, under duress, continued the intercourse conduct despite the objection.

The following persons cannot give consent:

  • An unconscious individual
  • A mentally challenged person
  • A person that is too intoxicated

Penalties Attracted by Rape

Rape is a California felony that carries formal probation and a maximum of eight years in state prison.

If the victim sustained great bodily injuries during the commission of the crime, you would face an additional three (3) to five (5) years in California state prison.

The prison time could also be enhanced if the minor:

  • Was below eighteen up to eleven years
  • Was below fourteen a maximum of thirteen years
  • The defendant is also required to register as a sex offender for life.

Rape is a crime involving moral turpitude. That means a non-immigrant citizen could be marked as inadmissible or deported.

Sodomy Laws (PC 286)

Sodomy is a sexual contact that happens between the anus of one individual and the penis of another. Any level of penetration irrespective of how small qualifies as sodomy.

While anal-copulation was once criminalized in California, the legislature has since revoked these laws. Additionally, in 2003, the U.S. Supreme Court ruled that the systematic criminalization of sodomy is not constitutional. At the moment, anal-copulation between consenting adults is legal throughout the U.S.

However, Penal Code Section 286 PC makes sodomy an offense if:

  • It takes place without the alleged victim's consent,
  • It occurs with a child below 18 years of age

The penalties faced depend mainly on the precise conduct charged. Most sodomy crimes are prosecuted as a wobbler. A California wobbler is an offense that could be prosecuted either as a felony or misdemeanor.

If found guilty of a misdemeanor, you will face a year in jail and one thousand dollars in fines. On the other hand, a felony attracts:

  • Ten thousand dollars fine
  • Sixteen (16) months, two (2) years, or three (3) years in state prison

All defendants, whether convicted of a felony or a misdemeanor, should register as sex offenders. However, the court should not impose sex offender registration if the accused is convicted of Penal Code Section 286(b) PC and the alleged victim was above fourteen and within ten years of age of the accused.

Lewd and Lascivious Acts With a Minor

PC 288 is the statute that defines child molestation. Lewd and lascivious acts with a minor is touching a minor below fourteen years for sexual purposes.

To be convicted of PC 288, the prosecutor should establish the following facts of the crime beyond any reasonable doubt:

  • You lewdly and willfully touched any child's body part or caused the minor to touch your body or that of another person,
  • With the intent of appealing to, arousing, or gratifying your passions, sexual desires, or lust, and
  • The minor was below fourteen years during the commission of the crime.

Sentencing, Punishment, and Consequences of PC 288

If found guilty of PC 288, you will face severe consequences depending on the case circumstances and the specific code you violated. The penalties for the most common PC 288 violations include:

  • Continuous sexual abuse of a minor (PC 288.5) — PC 288.5 allegations is a felony that attracts six, twelve, or sixteen years in prison.
  • Lewd acts with a child aged fourteen or fifteen — PC 288(c) is a wobbler. If charged with a misdemeanor, you will face a maximum of three hundred and sixty-four days in jail. A felony attracts a three-year state prison sentence.
  • Lewd acts with a child aged below fourteen — PC 288(a) is a felony that is punishable by ten thousand dollars in fines and eight years in prison.
  • Lewd acts with a minor using duress, fear, violence, or violence — PC 288(b) attracts ten thousand dollars in fines and five, eight, or ten years in state prison. A defendant cannot qualify for probation if found guilty and should serve time.

Please note, a minor can be convicted of PC 288 provided it is established that the child knew of their conduct's wrongfulness.

Despite the severe penalties attracted by violation of PC 288, there are several legal strategies that your seasoned criminal defense attorney may use:

  • The minor is lying
  • The minor is mistaken
  • You did not intend to arouse
  • The touching was accidental
  • The child does not fit in the age criteria for the offense
  • You were a victim of police misconduct, including an illegal search
  • Private defense polygraph examination

Statute of Limitations for PC 288

PC 801.1 allows prosecution for PC 288 to begin at any time before the alleged victim's fortieth birthday. The deadline for the prosecution applies to crimes committed after January 1, 2015.

Since violations that happened earlier than 2015 are complicated, you must discuss your case with a sex crime lawyer. Please note, sex crimes in California could be prosecuted several years after the supposed violation happened.

California Kidnapping

While the exact definition of kidnapping is complex and technical, you could sum it as below:

Under PC 207, simple kidnapping is moving somebody else without their consent using fear or force. On the other hand, aggravated kidnapping happens when the defendant moves somebody else without the victim's consent using fraud, fear, or force and:

  • The victim is below fourteen years,
  • The victim sustained death or bodily injuries,
  • The defendant held the victim for ransom, or
  • The accused kidnapped the victim during a carjacking.

Sentencing for Kidnapping

A PC 207 can result in lengthy prison sentences. Kidnapping is a continuing crime because the violation continues provided you detain the victim. Consequently, even if you move the alleged victim from one place to another, the prosecution could only punish and convict you for one kidnapping instance.

Kidnapping consequences range depending on the case circumstances.

Simple kidnapping is a California felony that carries a fine of ten thousand dollars and three (3), five (5), and eight (8) years in prison.

If found guilty of aggravated kidnapping, you will face:

  • Five (5), eight (8), or eleven (11) years in prison if the alleged victim is below fourteen
  • Life imprisonment with the possibility of parole if you engaged in the conduct for:
  1. A reward
  2. Ransom
  3. To commit extortion, a sex crime, robbery, or carjacking

Kidnapping is a strike under the Three-strike law.

Robbery (California Penal Code Section 211)

PC 211 defines robbery as the felonious taking of personal assets in possession of somebody else, from their immediate presence or person, and against the victim's will, achieved using fear or force.

Some of the examples of burglary include:

  • Drugging a person and then stealing from them while they are not conscious
  • After being caught stealing, threatening the property owner with physical injuries as a way to escape

Penalties for Violation of PC 211

The consequences for California robbery depend mainly on whether the crime is categorized as first-degree or second-degree robbery.

Sentencing for the First-Degree Robbery

First-degree robbery is any robbery where any of the below statements is correct:

  • The alleged victim is a passenger or motorist of a taxi, bus, subway, trackless trolley.
  • The crime occurred in an inhabited boat, trailer, or house
  • The crime happened while or immediately after the victim used an ATM

First-degree robbery is a California felony, punishable by:

  • A maximum of six years in state prison
  • Ten thousand dollars in fines
  • Formal (felony) probation

Penalties and Consequences for Second-Degree Robbery

PC 211 defines second-degree robbery as any robbery that doesn't satisfy the first-degree robbery definition.

The crime is a felony that carries the following penalties:

  • Two, three, or five years in prison
  • Ten thousand dollars in fines
  • Felony probation

How to Fight Robbery Charges

There are several legal strategies that your seasoned defense attorney can use to beat a robbery charge or get the charge dismissed or reduced. They include:

  • You did not apply fear or force to take the asset
  • You honestly thought that you were entitled to the property
  • You were mistaken
  • You were falsely accused

Extortion (Penal Code Section 518)

You commit extortion using threats or force to compel somebody else to hand over property or money or make a public officer perform official conduct.

The prosecution should establish the below facts of the crime beyond any reasonable doubt to convict you of the extortion case:

You threatened to do any of the below to the victim:

  1. Commit injuries or apply force against them, their property, or a third person
  • Accuse them or their family member of an offense
  • Expose secrets involving them or their family member or connect them with a scandal, crime, or disgrace
  1. When applying the force or making the threats, you intended to force the victim into consenting to give you property or money or to engage in official conduct
  2. Due to the threats, the alleged victim consented to give you property or money or engage in an official conduct
  3. The victim engaged in the official conduct or gave you property or money

Violation of PC 518 is a California felony, punishable by:

  • Up to ten thousand dollars in fines
  • Four years in California state prison

Extortion is a crime involving moral turpitude. If a non-immigrant commits the crime, they might be marked as inadmissible or deported.

Additionally, a conviction might adversely affect your firearm rights. According to the law, convicted felons should surrender their right to own, possess, or purchase a firearm.

California Arson Laws

PC 451 makes it an offense for an individual to set fire to a structure, property, or forest land.

The prosecution should establish the following elements of the crime to convict you:

  • You burned or set fire or caused the burning of a structure, forest land, or property.
  • You acted maliciously and willfully.

Although these facts of the crime are straightforward and upfront, California arson laws are complicated and technical. The prosecution will use a robust approach to establish your guilt. That is why you should consult with a skilled defense lawyer immediately after the arrest.

As far as this context is concerned, to burn or set fire means damaging or destroying with fire either part or all something irrespective of the size of the part.

Penalties for Arson

Violation of PC 451 is a felony. Specific penalties depend mainly on:

  • Whether any person sustained burn injuries
  • The form of assets burnt

The prison sentences for arson counts are:

  • Sixteen, two (2), or three (3) years for arson of personal property
  • Five (5), seven (7), or nine (9) years for arson that leads to great bodily injuries
  • Three (3), five (5), or eight (8) years for arson that makes an inhabited property or structure burn
  • Two, four, or six years for arson of forest land or structure

If convicted of arson, you can obtain an expungement under PC 1203.4. Expungement releases you from almost all consequences and penalties stemming from your conviction. You qualify for expungement as long as you complete both your jail term and probation.

How to Fight PC 451 Charges

Some of the common legal defenses to arson include:

  • It isn't willful conduct — One of the elements of the crime is that you acted willfully. That means it's a defense for you to prove that you didn't start the fire on purpose. It could be an accident.
  • Arson did not start the fire — It is a defense for you to establish that something other than arson caused the fire. Some of the causes of fires include heating and cooking equipment, cooking, old or faulty wiring, and lightning or harsh weather conditions.
  • You did not intend to defraud.

Attempted Murder

PC 187(a)/664 happens when a person intends to kill another and takes a direct step towards killing the individual, but the intended victim fails to die.

Attempted murder is classified into two:

  • First-degree attempted murder — It happens when the defendant acts intentionally, willfully, and with premeditation. It is punishable by a life sentence with a possibility of parole. You might face more than fifteen years if the alleged victim was an on-duty firefighter, peace officer, or any other protected person.
  • Second-degree attempted murder — Any attempted murder that doesn't count as first-degree murder is second-degree attempted murder. It is punishable by five, seven, or nine years in California state prison.

Moreover, attempted murder (both first and second degree) is a strike under the Three-strike law. It also attracts loss of firearm rights, ten thousand dollars in fines, and victim restitution.

Some of the legal defenses that apply to attempted murder include:

  • There was no specific intent to kill
  • Misidentification
  • Absence of direct step
  • You acted in self-defense

Violent Crimes Enhancements

An enhancement is an additional imprisonment term added to the penalties of the underlying crime. The prosecution imposes the enhancement if the accused has a previous conviction or due to the offense's nature. The most typical forms of sentencing enhancements are for crimes involving severe bodily injuries, firearms, and gang activity.

If the alleged victim sustained severe or great bodily injuries per PC 12022.7, you'll spend consecutive and additional three to six years in California state prison. The determination of whether the injury is great depends mainly on the case. Generally, it means a significant injury or a substantial physical injury. Common examples include broken bones, gunshot wounds, nervous system injuries, and conclusions.

Should the prosecutor establish that the offense was executed to assist or benefit a gang, you risk facing an automatic fifteen to life sentence enhancement under PC 186.22.

If you're charged with using a firearm, the case triggers Penal Code 12022.53 PC. Using the firearm carries an additional ten years in state prison. Firing the gun attracts twenty years while severely injuring or killing a person is punishable by twenty-five years to life imprisonment.

The Relationship Between Three-Strikes Laws and Violent Crimes

The Three-strikes law is a California sentencing scheme per PC 667, not an offense. After a third-time severe or violent felony conviction, the defendant can spend a twenty-five-to-life sentence.

Previously, it targeted violent offenses, but the state has increased the list of California felonies that are eligible as strikes. Before November 2012, a strike could be a felony conviction, irrespective of whether it was a wobbler or a non-violent crime. Any defendant sentenced for any California felony following two prior convictions for violent felonies might face twenty-five-year -to-life prison sentences.

In 2012, voters passed Prop 36. Today the 25-to-life sentence is only imposed if each of the three felony convictions were violent or serious felonies. Instead, the prosecution can order an enhancement which is twice your sentence. Additionally, Prop 36 is backdated, and defendants convicted of nonviolent third felonies could qualify for reduced sentences.

Nonetheless, there are exemptions where you could receive the sentencing enhancement even when each of your three strikes is non-violent:

  • Your third-time crime is a California felony sex offense or a compulsory sex registration offense.
  • If your third crime involved the use of a gun or you plan to inflict great bodily injuries
  • If any of your previous strikes is a sexually violent offense, murder, or a California felony whose penalty is life imprisonment

Find a Skilled Violent Crime Attorney Near Me

From time to time, situations will get out of hand due to flared tempers and misunderstandings. Loved ones often resolve the issues among themselves. Nonetheless, when the case draws strangers' attention or when a person is killed or severely injured, the option to keep the matter private no longer exists. If you are facing a violent crime investigation, one of the best things you can do is speaking with one of the lawyers at California Criminal Lawyer Group. Even if your criminal case seems easy to prove or the charge seems minor, prosecutors will stop at nothing to paint you a villain who should face the maximum penalties for the offense. We can thoroughly investigate your case, collect evidence and vigorously fight for your freedom and defend your constitutional rights.

Are you facing violent crime charges? Call us today at 559-712-8377 to review your case.