Providing Aggressive and Experienced Defense Strategies
An increase in violent offenses has led to the harsher penalties for those convicted. In addition, a conviction has significant consequences because most violent offenses fall under California’s Three Strikes Law. If you or a loved one have been charged with a violent offense, you should retain a criminal defense attorney with a proven track record of successfully defending clients.
A violent crime conviction can have lasting criminal penalties that impact the rest of your life. Jail time, expensive fines, and a permanent criminal record are all possibilities after a criminal conviction. Hiring a criminal defense attorney is the best way to protect your freedom and your future when facing violent crime charges.
Our skilled Orange County violent crime lawyers at the Law Office of Scott Henry have handled hundreds of cases ranging from terrorist threats to first-degree murder. Our attorneys have extensive knowledge of violent crime law and procedure and could seek to ensure that you receive a solid and effective defense. To receive a free consultation, contact our law firm today at (714) 294-0599.
What is Considered a Violent Crime in Orange County?
A violent crime is one where the victim was intentionally threatened or harmed with violence. Some examples include:
Arson
Arson is the criminal act of deliberately setting fire to any property. Individuals can be charged with arson if they set a fire to commit insurance fraud or if they set a fire to damage another person’s property. Charges can be increased if anyone is hurt or killed due to the offender’s actions.
Assault
Assault is committing a violent injury to another person. Any harmful or offensive touching can be classified as assault. If you attempted to assault someone but were unsuccessful, you can be charged with simple assault. Although many people associate assault with battery, they are two separate crimes with different penalties.
Assault With a Deadly Weapon
Using a deadly weapon like a gun or knife to commit harmful or offensive touching is classified as assault with a deadly weapon. It is one of the highest levels of assault you can be charged with. Putting someone else in fear of injury through the use of a dangerous instrument or causing harm are both methods of assault.
Battery
Any unlawful physical contact can be classified as battery. Battery is different from assault in that it must involve actual physical contact, not just the threat of physical harm. Many violent crimes involve both assault and battery, although the two are distinct from each other.
Carjacking
Using force or threats to steal a car while someone is in it is called carjacking. Many offenders are also charged with assault or battery, depending on how much physical harm was done to the victim. Carjacking may involve a deadly weapons charge.
Domestic Violence
When individuals physically harm their partner, spouse, or any family member living in their home, they can be charged with domestic violence. Domestic violence charges may be coupled with a restraining order from the California court system.
False Imprisonment
False imprisonment happens when an individual imprisons another person without legal authority. For instance, if an individual locks another person in a room without their permission, they could be charged with false imprisonment.
Kidnapping
Kidnapping is when someone takes another person against their will or keeps a person against their wishes. Kidnapping is a more serious charge than false imprisonment, as it often involves taking someone from one location to another without their consent.
Involuntary and Voluntary Manslaughter
Manslaughter is a charge given to individuals who kill another person in response to provocation. Involuntary manslaughter is negligently causing the death of another person without actively participating in their death. Voluntary manslaughter refers to intentional killing without premeditation.
Murder
Murder charges are serious charges that are assigned to individuals who kill someone. There are varying degrees of murder that you can be charged with depending on the premeditation involved in the crime.
Robbery
Robbery is using force or the threat of force to take someone’s property. Armed robbery involves using a deadly weapon or the threat of a deadly weapon to take someone’s property without their consent.
Stalking
Repeated and unwanted attention, contact, or harassment is classified as stalking. Any behavior that would cause a reasonable person to feel fear or unease can be classified as stalking. Many stalking victims are also issued restraining orders.
Forcible Rape
Using force or the threat of force to sexually assault someone is called forcible rape. If a victim is in fear for their safety or their life, an offender can be charged with forcible rape.
These crimes are taken very seriously by local law enforcement, prosecutors, and judges. Convictions for violent crimes carry harsh penalties, so it is imperative to find an attorney in Orange County who could ensure your rights are being protected throughout the entire process.
What’s the Difference Between Robbery and Burglary?
Robbery is a theft crime. Using force, violence, intimidation, or even the threat of violence to take someone’s property can be classified as robbery. To be classified as robbery, the violent crime must involve taking personal property that belongs to another person without their permission.
Armed robbery is using a weapon or carrying a weapon while threatening to use violence to take someone’s property. Simply having a weapon on your person can count as armed robbery, even if you did not use (or even intend to use) the weapon itself. Using any type of force or fear to take property counts as robbery.
Burglary is breaking and entering a building without permission with the intention of committing a crime. Breaking can still occur even if a door or window is unlocked if you have no authority to be there. Burglary can be a theft crime, but even breaking and entering without stealing can be classified as burglary.
Theft crimes often carry harsh penalties and can involve prison time, probation, fines, and restitution. If an individual has a criminal record, the punishments are typically more severe.
What is a Weapons Charge?
California laws surrounding weapons charges can be complex. Punishments for a weapon charge involve expensive fines and jail time.
The following can be classified as a firearms offense:
- Using a firearm in an assault
- Discharging a firearm illegally
- Possessing a firearm without a legal permit
- Illegally selling firearms
- Carrying a concealed weapon without a permit
- Transporting firearms illegally
If you are facing weapons charges or firearms charges, it is essential to contact a criminal defense lawyer on our team immediately. We will begin building your defense case to reduce or remove the penalties you are facing.
Penalties for Violent Crimes in Orange County
The law allows for the harshest possible penalties when it involves violent crimes. The penalties vary greatly and depend on the circumstances of each case. Common penalties for a conviction include:
- Probation – Those convicted can receive probation in addition to, or instead of, fines or jail time. Probation usually lasts for a year or more. While on probation, the individual must regularly report to a probation officer, avoid getting in trouble with the law, and pay any fines.
- Fines – Fines are substantial when convicted of a violent crime. They vary depending on the circumstances of the case.
- Restitution – Those convicted can be required to pay restitution in addition to fines. Restitution is compensation to a victim for medical expenses or other costs relating to the crime. Prosecution and court costs may also be included.
- Prison – Those convicted are often punished with incarceration. Depending on the circumstances, a conviction can result in a sentence of years, decades, or even life.
- Death – Capital punishment is the most severe punishment for murder cases. Numerous states do not allow capital punishment, but California does allow for the death penalty. However, in March of 2019, Governor Newsom put a moratorium on all executions.
A skilled attorney in Orange County could work hard to minimize any potential penalties that an alleged offender may be facing for a violent crime.
Those with criminal convictions on record can face other consequences after serving their time. Collateral consequences include:
- Difficulty finding a job
- Difficult securing housing
- Difficulty attaining higher education
- Loss of a job
- Loss of voting rights (for felony offenses)
- Loss of the right to own and operate a firearm (for felony charges)
What Are Some Common Defenses for Violent Crime Charges?
Defenses for violent crimes vary based on the specifics of each case. Therefore, it is best to speak with a lawyer in the area who could help determine which defense strategy is most effective for a particular violent crime case.
The most common defenses for violent crime charges include:
Self-Defense
This refers to the defendant acting to defend themselves or others from bodily harm by another individual. For self-defense to be an effective defense, the defendant’s use of force must be appropriate for the level of threat posed by the other person.
Mistake of Fact
An example of a mistake of fact is if the defendant was misidentified or if no violence actually took place.
Intoxication
Although intoxication is a solid defense, it typically will not completely absolve the defendant. Both voluntary and involuntary intoxication could reduce the penalties for specific intent crimes.
Lack of Intent
Prosecutors must establish that the defendant intended to commit the violent act. If a defendant was intoxicated or mentally incapacitated, our team could argue that they were unable to form the intent for the act and are, therefore, exempt from criminal responsibility.
Consent
If a victim consents to a violent act, a defendant likely cannot be charged. For example, if a victim participates in a boxing match and is injured, the defendant cannot be held accountable for the other person’s injuries.
The Right to Remain Silent
If law enforcement provides the prosecution with evidence showing you intentionally invoked or threatened harm on another individual, you could be charged with committing a violent crime. Authorities severely punish violent crimes. Under no circumstances should you speak with authorities without an experienced lawyer by your side to assist you. Remember that anything you say to law enforcement can and will be used against you.
If you are arrested or detained, you must identify yourself to officers. However, you are under no obligation to answer any questions or make any statements, even if asked. You can invoke your right to silence at any time, even if you have previously answered police questions or talked to investigators. You can also contact our criminal defense law firm at any point before, during, or after your police questioning.
Finding Mistakes in the Investigation Process
It is crucial to have an attorney in Orange County who thoroughly investigates the facts and circumstances of the alleged violent crime. Police often rush their investigation to solve the crime. This could cause innocent individuals to be overcharged or wrongfully convicted for a crime they did not commit. Our team could search for the truth, including any possible mistakes made by the police.
Law enforcement may sometimes take statements from mistaken or untruthful individuals. We could help prove misidentification or false charges. Other times, the police may gather witness statements where the evidence is invalid or not strong enough to warrant such severe charges.
Our firm could search to determine if any illegal tactics were used to gain evidence. For example, if law enforcement denied you your right to remain silent, we could seek to suppress this evidence so it would not be admissible. Police must also stop questioning you when you have requested a lawyer. An unreasonable search could also be fought in court, and any material collected may be deemed inadmissible. Additionally, gaps and inconsistencies in the prosecution’s evidence could be searched for during our investigation.
How Can a Criminal Defense Attorney Help Me?
Being charged with or convicted of a violent crime can be devastating. Hiring an experienced criminal defense lawyer is the best way to reduce or remove the charges you are facing so you can get your life back on track.
Our criminal defense lawyers will take the following steps to assist with your case:
- Negotiate with the prosecution. In some cases, a plea bargain is in your best interest. Plea bargains help offenders receive lesser punishments for pleading guilty or providing evidence to assist with another criminal case. Our team will talk to the prosecution to determine if a plea deal can be reached.
- Build your unique defense strategy. With our years of experience, our team can gather evidence in your defense and determine the right legal defense strategy for you. Your reputation, job, and personal freedom are on the line, and you deserve an experienced criminal defense lawyer who will fight for your rights.
- Answer all your questions. It can be overwhelming to go through the legal system, especially if this is your first offense. Our team will stay by your side every step of the way, answering your questions as needed. We are dedicated to caring for our clients and ensuring they feel respected and empowered throughout their entire case.
Our Orange County criminal defense team is here to help you no matter what charges you are facing. From sex crimes to drug crimes, we have experience with a wide variety of criminal cases. Contact our office today for more information.
Contact an Orange County Violent Crime Attorney
If you are being investigated for or have been charged with a serious offense, contact one of our Orange County violent crime lawyers immediately for a free consultation. Time is of the essence, and all evidence for your defense must be obtained as soon as possible.
Our team at the Law Office of Scott Henry has decades of experience, including the extreme defense of individuals facing Death Row. We understand the nature of these criminal charges and could help you fight for your rights and freedom. Call today for a free consultation at (714) 294-0599.