Los Angeles Violent Crime Lawyer

Los Angeles Violent Crime Attorney

A conviction for a violent crime is a serious matter that can have a long-lasting impact on the accused, including a prison sentence, fines, parole, or other penalties. If you or someone you know has been charged with offenses related to violent crime in Los Angeles, you may be feeling afraid and overwhelmed by what the future holds. Having a strong understanding of the laws and your rights is key, and the first step is to hire a Los Angeles violent crime lawyer. If your case involves broader legal concerns, a Los Angeles criminal defense attorney can provide the comprehensive support you need to protect your future.

The Law Offices of James E. Silverstein has more than 20 years of experience with legal defenses against violent crime charges in the Los Angeles area, including aggravated assault, drug crimes, sex crimes, and other offenses in both state and federal court. We have substantial knowledge of California law and have represented clients from all backgrounds in thousands of cases, and we treat every case with the respect and compassion you need in challenging times.

Know Your Rights

Being charged with a violent crime in California is stressful. Whether this is your first time being charged or you have a prior record of criminal offenses, knowing your rights under the law can help you protect yourself throughout the ordeal. The US Constitution provides certain guarantees to make sure everyone receives fair treatment and a chance to prove their innocence.

In addition, law enforcement officers must read you the Miranda Warnings, which require them to advise you of these rights when you are arrested. If they fail to do so, anything you say could be excluded from the evidence against you at trial. However, this does not necessarily mean your charges will be dropped, so if you believe your rights have been violated, consult a criminal defense attorney.

The Right to Remain Silent

When someone is arrested in California, the first and possibly most important right is to not incriminate yourself. In other words, you do not have to explain anything and can remain silent while being questioned in the arrest process and even during interrogation. It may be tempting to explain yourself to the police, but remaining silent until you speak with an attorney is an important step to protecting yourself.

The Right to an Attorney

You also have the right to have an attorney represent you from the moment you are arrested through to a possible trial, even if you can’t afford to pay for a lawyer. The job of law enforcement officers is to gather evidence for a trial, and your attorney’s job is to make sure procedures are followed and your rights are preserved throughout the process.

Having a seasoned attorney on your side during police interrogation is crucial to ensure your rights are safeguarded and to set you up for a successful outcome in the legal process.

The Right to Be Free From Unreasonable Searches and Seizures

Law enforcement officers in California cannot search your private home, car, or body or take your belongings without either a search warrant or your consent. In addition, you have the right to refuse to consent to a search. To get a search warrant, law enforcement officials must have sufficient belief that evidence of a crime exists. There are a few exceptions, however, such as when someone is being arrested.

The Right to Bail

You can also request bail, which means that after an arrest, money or property can be used as collateral to release you from jail while you wait for your trial. While you are entitled to request bail, bail is often set at a high amount, especially for serious violent crimes, because the court may see the person as a high risk of offending again or leave the jurisdiction to avoid trial. An attorney may be able to make legal arguments for bail that you may not know about.

The Right to a Speedy Trial

The right to a speedy trial means that law enforcement officials can’t hold a suspect in jail indefinitely. California actually has a state law that outlines specific time frames for the legal process. Usually, offenders must be brought to trial within 60 days of being charged. This means that your trial must be scheduled for that time, but there are sometimes reasons for delay, such as needing time to prepare your legal defense.

The Right to Due Process

Due process means that law enforcement officers have to treat offenders fairly from the moment of arrest. It includes not being subjected to inappropriate punishment and also making sure that you have every chance at a fair trial before a judge or jury where you can present evidence in your defense and challenge any evidence against you. If any of these are impeded, it may impact the outcome of your trial.

What to Do if You Are Arrested for a Violent Crime

If you are arrested for a violent crime in California, it is important to remain calm and cooperate with officers’ instructions. Use your rights to remain silent and ask for an attorney. Do not speak to law enforcement officers without your attorney present. Discuss the charges, evidence, and options with your attorney, and document any details of the situation that led to your arrest. This includes any interactions with the police.

Most importantly, follow your criminal defense attorney’s advice. Their only job is to work on your behalf to provide legal protection and increase your chance at a positive outcome, and they have the experience and knowledge to provide guidance you can trust.

Defenses for Violent Crime Charges in California

In California, violent crime is treated seriously and often results in harsh sentences or penalties. But under the law, you are entitled to defend yourself against criminal charges, and being arrested does not always mean being convicted or even going to trial. There are sometimes options like reducing charges or even having charges dismissed, even for violent crimes. There are several common defenses that may apply to someone facing violent crime charges.

Self-Defense

A very common defense that can be used to fight a violent crime charge is self-defense. Under California law, people can use reasonable force to protect themselves from the threat of imminent injury or death. This includes physical force or even deadly force when necessary, but the force used must be deemed reasonable for the threat. For example, if the immediate threat has passed, the force may not be reasonable at that point.

Defense of Others

Similarly, California law also allows you to use reasonable force to protect others from an imminent threat of injury or death or to defend others who are in imminent danger of harm. The defense of others defense may apply if your actions were intended to defend someone else, but like self-defense, the amount of force and immediate threat are key elements.

False Allegations

The false allegation defense is used when the accused did not actually commit the violent crime they have been charged with. It challenges the truth of the claim and may be due to intentional misrepresentation of the situation that occurred or misunderstanding what happened. This strategy often focuses on providing evidence that disproves the charges or shows how the evidence is inconsistent or contradictory.

Alibi Defense

An alibi is evidence that proves the accused person was not there when the violent crime happened, making it impossible for you to have committed the crime. This can sometimes be witness testimony or documentation. The alibi defense is most effective when there is credible evidence like phone records, video footage, eyewitness testimony, or GPS data that show you were at a different location.

Insanity Defense

A defendant could use an insanity defense, which could be successful if the person had or has a mental defect or disease, making them incapable of understanding that what they were doing was wrong. This may apply if there is strong evidence that a mental disorder contributed to the crime being committed. When this defense is successful, the offender may be committed to a mental health facility for treatment instead of prison.

Mistaken Identity

Mistaken identity alleges the accused is wrongfully identified as the person who committed a violent crime. Eyewitnesses can make mistakes, and sometimes, even physical evidence can be misinterpreted. Mistaken identity is especially common in cases involving evidence based on identification in a lineup or surveillance video.

Coercion or Duress

In some cases, a person may be forced to commit a violent crime under threat of harm to themself or others. Under California law, a defendant is not guilty of a crime if they were coerced with threats of death or serious injury. A coercion defense is not always available in all situations, and like self-defense, the threat has to be serious enough that the accused believed they had no choice but to do as told.

Your Los Angeles Violent Crime Lawyer

A skillful attorney will review the charges against you and any evidence to support them, and they will work with you to create a solid, personalized legal defense strategy based on your specific situation. Navigating the complexities of your rights and possible defenses can be daunting, whether you have been through the process before or this is your first time being charged. It is essential to have the help of an attorney experienced in violent crime charges.

FAQs

Q: How Much Does a Criminal Lawyer Cost in California?

A: The cost of hiring a criminal lawyer in California can vary based on several factors, such as the nature of the charge, the complexity of the case, and the lawyer’s experience and reputation. Additional costs, like court fees or expert witness fees, may also apply. It is important to discuss and understand all potential costs during the initial consultation to ensure you can plan accordingly.

Q: What Is Considered Violent Crime in California?

In California, violent offenses are criminal charges involving the use or the threat of violence against someone, including:

• Assault
• Battery
• Homicide
• Robbery
• Burglary
• Arson
• Sexual assault
• Kidnapping
• Domestic violence
• Carjacking
• Weapons crimes

Not all violent crimes lead to felony charges, such as some simple assault or domestic violence offenses. However, aggravating factors such as the use of weapons or connection to gangs may lead to harsher sentences.

Q: What Is the Violent Crime Rate in Los Angeles?

A: The crime rate in Los Angeles has decreased in the last few years. In 2023, the violent crime rate decreased by 3.2% compared to the previous year. However, there are still sizable issues with domestic violence, robbery, homicide, gang violence, and drug-related crimes. Highly populated urban areas like Los Angeles tend to have higher rates of violent crimes than less populated areas.

Q: What Are the Penalties for Violent Crime in Los Angeles?

A: The penalties for violent crime in Los Angeles vary based on the severity of the offense and any aggravating factors. Common penalties include:

• Imprisonment
• Fines
• Probation
• Restitution
• Criminal record

If the offender has a prior criminal record, a conviction will also count toward the Three Strikes Law, which requires a life sentence for a third conviction of any violent crime.

Get the Legal Help You Need – Dedicated Violent Crime Law Firm

Violent crime charges are not something you want to face alone. The laws are complicated, and even when something seems straightforward, there are nuances to consider. Mistakes in your defense could lead to serious consequences for you. To minimize the severe penalties that result from violent crime convictions, you need someone who understands the complexities of the legal system and has a proven record of success with criminal defense strategies.

The Law Offices of James E. Silverstein knows that facing violent crime charges is overwhelming. Our knowledgeable and compassionate legal team knows that the consequences of violent crime convictions can change your life permanently.

We are committed to helping you through the legal process, whether that is representing you in court, negotiating a reduction in charges, or getting charges dismissed entirely. Contact The Law Offices of James E. Silverstein today for a consultation and to discuss your next steps.