Violent Crimes Defense by Criminal Attorney San Jose
A violent crime is a criminal offense that is committed with the use of violence or with threats of violence. When a person commits such a crime, the violence is usually just a means to an end. For example, a person that commits armed robbery is using the threat of violence or force as a way to steal money from the victim. In recent years, violent crimes have escalated in the state of California, especially amongst the adolescent male demographic.
Some of the most common violent offenses include:
Assault & Battery
Assault and battery are actually two separate charges under California law. Assault is defined under California Statutes §784.011 as the threat of committing violence while battery is defined under §784.03 as the actual causing of violence. In some cases, they may be charged together for attempting and achieving violence.
Part theft and part violent crime, the criminal act of carjacking refers to the violent taking of a vehicle. Typically, this means either through sheer force, violence, assault or even just intimidating the victim through threats. If no weapon is used, it will be considered grand theft auto.
Homicide charges are serious in the state of California. Should a defendant be accused of taking the life of another person intentionally through pre-meditated action they will face criminal charges of murder, which can range from third degree murder to capital murder, which can be punishable by death.
Similar to murder, manslaughter refers to the killing of another person. This, however, differs in that manslaughter is considered to be unintentional or occurring during the "heat of the moment." For this reason, it is typically a lesser charge and has milder penalties than murder – although still severe.
The term hate crimes is an umbrella term that refers to any violent criminal act committed against another person (either individual or group) due to some sort of discrimination. This could be caused by race, gender, political beliefs, religion or sexual orientation.
In hopes of decreasing instances of these crimes, law enforcement and legislation have become very strict when dealing with violent offenders. People who are convicted can expect to spend time in jail, pay fines and partake in community service. For this reason, it is very important to consult a criminal lawyer when facing criminal charges involving violence.
Protect Your Legal Rights with San Jose Criminal Law Attorney
Capital Law Offices are dedicated to defending clients who have been arrested for or charged with any type of violent crime in or around the California area. According to the law, numerous illegal acts are categorized as violent crimes in the state of California. After a person has been charged with committing a violent crime, it is imperative that the person consult a skilled criminal defense attorney as soon as possible.
If you have any questions or would like to schedule a FREE initial consultation with one of our experienced attorneys, please Contact Us online or call at (408)627-4898 today!