Reseda Violent Crimes Attorney

Reseda Violent Crimes Lawyer

Violent crimes are types of criminal offenses that come with steeper penalties and the very real possibility of jail or prison time. If you were charged with armed robbery, assault, domestic violence, kidnapping, or another violent crime, you need the support of a Reseda violent crimes attorney who has helped clients receive favorable outcomes.

A defense lawyer works in the interest of their clients and protects their rights throughout the entire criminal justice process, including court proceedings.

What Types of Crimes Are Considered Violent Crimes in CA?

Violent crimes in California either involve physical violence or the threat of violence, making them some of the most common crimes in California. The penalties for these types of crimes are often steeper because the victims frequently endure physical or mental harm.

• Assault and Battery: Some states use the terms assault and battery interchangeably, but California defines them as separate crimes. It is possible to commit assault without committing battery. California defines assault as the intention and threat of committing harm. For example, raising your fist to punch someone could be considered assault. Battery, on the other hand, requires physical contact, which can range from a shove to a punch or something more serious.
  If you are facing charges related to either assault or battery, it’s crucial to consult with an experienced attorney for battery and assault cases in Reseda, CA. They can help you understand the charges against you, explore potential defenses, and guide you through the legal process.
• Armed robbery: Armed robbery involves forcibly taking another person’s property, often through the use of a weapon. Constructive possession means the property doesn’t have to be in the victim’s immediate possession.For the charge to be considered armed robbery, the victim must not consent, and the defendant must intend to steal and permanently keep the property. The weapon used must have been capable of causing serious harm, or the perpetrator must have claimed to possess a weapon that could cause serious harm.
• Domestic violence: Domestic violence includes crimes where the accused has a close relationship with the victim, and it can be charged as either a misdemeanor or a felony. The relationships could be familial or romantic.Common types of violent acts that can be charged as domestic violence include assault, stalking, emotional abuse, strangulation, sexual battery, and making terroristic threats. Aggravating factors could include the abuse of a minor or the use of a weapon. Beyond possible jail time and fines, defendants facing domestic violence charges may face restraining orders or no contact orders.
• Gang-related crimes: Gang-related crimes include murder, sex crimes, assault, drug crimes, and weapons crimes, among other offenses. State and federal laws can require gang members to register with the government, which may increase the chances of gang-related convictions if the defendant is accused of a crime.Gang-related crimes can carry serious prison sentences. Defense attorneys often question the prosecution’s allegation that their client is affiliated with a gang, which may increase the chances of a favorable outcome.
• Kidnapping: The act of forcibly abducting someone and holding them can lead to serious criminal penalties. Kidnapping is generally classified as child kidnapping, parental kidnapping, aggravated kidnapping, and simple kidnapping.The possible penalties for anyone convicted of this crime could include prison time of a few years to several. Kidnapping victims under 14 is considered an aggravated factor, and when extortion or sexual abuse is involved, the penalties could include a life sentence.
• Murder for hire: One of the most heinous crimes is murder for hire. If successfully carried out, both the person who committed the homicide and the person who hired them would face premeditated murder charges, as murder for hire is inherently planned out ahead of time.Even when the murder is not carried out but premeditated, defendants can face serious jail time. If anyone was harmed, the defendants may face considerably longer prison sentences. Murder for hire that results in homicide often leads to life sentences.

No matter what criminal charge you are facing, a violent crime defense attorney can bring years of experience helping clients who faced similar charges. A criminal defense attorney works to either have the charges dropped or the penalties lowered so their defendants can achieve a favorable resolution.

What to Expect After Being Charged With a Violent Crime

If you are facing violent crime criminal charges, they could either come from the district attorney’s office or a grand jury. The burden of evidence for being arrested and charged with a violent crime is known as probable cause, meaning a police officer had a reasonable basis for believing that a crime was committed.

Probable cause is not enough to ultimately convict you. The state prosecutors will have to prove that you committed a crime beyond a reasonable doubt. It is the job of your defense attorney to find holes in the prosecutor’s case so they are unable to meet the burden of proof, preventing a conviction.

After you are arrested, a judge will decide whether you are given bail and what that amount should be. For certain violent crimes like first-degree murder, a judge may decide not to offer bail, or the bail may be set at a very high amount. Any defendant who is unable to post bail will still have the option of hiring an attorney to defend them.

Soon after the arrest, an arraignment will be held, where you will plead guilty or not guilty. While facing violent crime charges, you may be required to visit with a supervision officer on a regular basis. Your movements may be monitored, and a judge may deem it prudent to order you to wear an ankle monitor.

Over the course of the next several months, your attorney will gather evidence that supports your case. The process of gathering evidence is known as discovery, which could include accessing police reports, reviewing evidence in the possession of prosecutors, and speaking to witnesses about the case. Your lawyer can create a strategic plan to reduce the penalties you are facing by questioning the charges or presenting evidence of mitigating circumstances that warrant lower penalties.

Can My Charges Be Lowered or Dropped?

There are many ways that a criminal charge could be reduced or dropped. If the facts of the case show that no crime was committed, your attorney can show the courts that you are innocent. Prosecutors have an ethical obligation to consider when a defendant is not guilty, although they do not always recommend dropping charges, even when they have a weak case.

If the victim’s story is contradicted by evidence and other witness testimony, you could have your charges dropped or significantly reduced if the elements of a lesser crime are present.

If needed, your attorney can argue your innocence before a judge or jury. During a trial, a judge or jury decides the merits of the case and what punishment (if any) is called for.

Negotiating for a Plea Bargain

Another way your case could be resolved on favorable terms is through plea bargaining. The courts do not have the time and resources to allow everyone to have a trial. To keep dockets moving and reduce backlogs, prosecutors often make favorable offers in hopes that the defendant will accept the deal and settle the case.

The negotiations that take place between your attorney and the prosecutors could lead to a strong offer. You can accept this offer in return for pleading guilty to lesser charges or receiving a shorter sentence.

Ideally, these agreements allow defendants to lower the risk of serious prison time, although there is no easy way to predict what offer will be made. There may be multiple offers made if the defendant does not accept the initial offer. Favorable terms to a plea bargain could include probation, fines, and community service.

During the plea bargain process, your defense attorney will counsel you on the pros and cons of accepting a deal. Although no one wants a criminal record, accepting a deal could be preferable to the uncertainty of going to trial.

Potential Defenses for Violent Crimes in California

Although violent crime charges may be daunting, an experienced attorney knows many ways to fight for your innocence. Effective defense strategies may include the following:

• Burglary: If you are facing burglary charges, your defense attorney could argue that the property belonged to you or that you thought it was their property. Your lawyer could also argue that you thought taking the property was a joke or prank. Mistaken identity is another possible defense.If the defendant cannot be positive that the accused is the person who took their property, that could leave enough reasonable doubt to undermine the prosecution’s case.
• Murder: A legal defense for murder can include claiming self-defense. Your attorney could argue on your behalf that the killing was justified because you reasonably believed it was necessary to protect yourself from imminent harm or death.Other defenses might include proving the absence of intent to kill (manslaughter instead of murder), demonstrating that the defendant was insane at the time of the crime, or presenting an alibi showing the defendant was not present when the crime occurred.
• Kidnapping: If you are facing charges of kidnapping, one common defense is consent. The accused can argue that the alleged victim willingly went with them without any force or coercion. Another defense is lack of intent, which involves proving that the accused did not intend to confine or move the alleged victim against their will.Mistaken identity can also be a defense, asserting that the accused was wrongly identified as the perpetrator. Additionally, duress or coercion, where the accused was forced to commit the act under threat of harm, may be used. Another strong defense could be alibi evidence that shows the accused was elsewhere when the kidnapping occurred.
• Domestic Violence: Domestic violence charges offer unique opportunities for attorneys to defend their clients. Crimes that involve intimate partners are potentially full of inherent conflicts. The alleged victim may have a motivation to malign the reputation of a spouse or ex-partner. Romantic relations are often tumultuous, and heated arguments can lead to regrettable decisions.In some cases, the defendant may be the real victim and is being falsely accused by a partner or family member. With the right defense attorney, someone who is falsely accused could have their charges significantly reduced or dropped. Your domestic violence defense attorney can explore viable defense options.

How Can a Reseda Violent Crimes Attorney Help My Case?

Anyone who is charged with a violent crime in Reseda, CA could face serious jail or prison time. Without a criminal defense attorney, you risk having your rights violated. Anyone who is charged with a crime is still presumed to be innocent until proven guilty. The burden is on prosecutors to prove that a defendant committed a crime beyond a reasonable doubt.

One element of many crimes is criminal intent. Whether or not you intended to hit someone could make the difference between battery charges or an accident. Your lawyer can explore whether you intended to commit a crime or whether there is a misunderstanding about the crime in question.

Having an attorney who can speak on your behalf offers crucial benefits as your case moves forward. Anything you say as a defendant could be used against you. Once you have legal representation, no one tied to the courts can speak to you unless you have that lawyer present. This is an important protection that could ultimately lead to your exoneration. Prosecutors will look for any opportunity to catch you saying or doing things that weaken your case.

Throughout the court process, you can rely on your attorney to provide advice on a range of issues. Your lawyer can make sure that you are compliant with the conditions of your bond so you are not jailed due to a preventable error.

If your case goes to trial, your lawyer can represent you before a judge or jury and argue that you are innocent. The ultimate goal of your lawyer is to lower the penalties you are facing.

FAQs About Reseda, CA Violent Crimes Law

What Violent Crime Carries the Steepest Penalties?

In California, the violent crime that carries the steepest penalties is first-degree murder, particularly when it includes aggravated factors such as killing a police officer, multiple murders, or murders committed during the commission of certain felonies.

Convictions for these crimes can result in life imprisonment without the possibility of parole or even the death penalty in extreme cases. Aggravated assault with a deadly weapon is also a serious felony that can result in lengthy incarceration.

Will I Be Allowed Out on Bail While My Violent Crime Case Moves Forward?

There is no guarantee that you will be allowed out of jail while you await trial or a resolution to your violent crime case through plea bargaining. A judge will consider your criminal record, flight risk, danger to public safety, likelihood of compliance, and other factors. When bail is set for a violent crime, it may be quite high.

If you are given bail, there will likely be conditions set, such as monthly check-ins with a bond supervision officer and forfeiture of any firearms.

How Many Violent Crime Cases Result in Plea Bargain?

As with other crimes, the majority of violent crime charges are resolved through plea bargaining. Around 95% of state penal code violations are resolved through negotiations with prosecutors. Depending on the facts of your case, some violent crimes may prompt prosecutors to offer less than favorable plea bargain offers. In those cases, your attorney will provide counsel on the pros and cons of taking a deal rather than going to trial.

What Are Common Defenses for Domestic Violence?

One common defense for domestic violence charges is to use evidence to demonstrate that the victim of the crime has a clear motivation to malign the reputation of the defendant. Romantic relationships can be fraught with strong emotions like jealousy, envy, and resentment.

Following a breakup, someone may be motivated to paint their ex in unfavorable terms. If there is an ongoing child custody case, one party may want to use the criminal justice system to gain a favorable outcome in family court.

How Are Criminal Defense Attorneys Paid in CA?

Criminal defense attorneys are either paid by the hour or on a flat fee basis. If your attorney charges by the hour, they will likely ask for an upfront payment called a retainer. This lump sum payment covers the initial work your attorney puts into your case. When those funds are exhausted, your attorney will ask for an additional payment to continue representing you in your case.

Schedule Your Violent Crimes Consultation Today

If you are facing criminal charges and are feeling uncertain about what your next steps may be, it is important that you seek the legal help of an experienced criminal defense attorney in Reseda, California. The Law Offices of James E. Silverstein offer comprehensive and responsive defense counsel to individuals facing violent criminal offenses.

Violent crimes are a unique category that requires legal representation from an attorney who understands how to successfully defend against these criminal accusations.

With the right legal representation, you may be able to resolve your criminal charges on favorable terms that allow you to move forward with your life. No matter your circumstances, we stand by you every step of the way. For a defense attorney you can trust, reach out to us today to schedule your consultation.