Sherman Oaks Violent Crimes Attorney

Sherman Oaks Violent Crimes lawyer

If you are being charged with violent crimes in Sherman Oaks, CA, then you are likely feeling devastated and unsure about what steps to take next. A Sherman Oaks violent crimes attorney from The Law Offices of James E. Silverstein can help you successfully fight back against your violent crime charges.

Violent crime penalties tend to be more severe than those for minor crimes, including long periods of incarceration and hefty fines, but also a damaged reputation that can impact both your professional and personal life.

James E. Silverstein founded his law firm almost 20 years ago on the belief that all individuals should be treated with compassion and respect. Through his firm’s criminal defense service, including representing those who have been charged with violent drug-related crimes, assault crimes, murder, and other offenses, defendants have seen optimal case outcomes.

If you are ready to fight back against your violent crime charges, a knowledgeable criminal defense lawyer from our firm can aggressively and compassionately represent you.

Defining Violent Crimes in Sherman Oaks, California

Violent crimes are considered to be crimes in which the alleged victim experiences harm or threat by means of violence. Though criminal penalties are often severe, they are much more severe for violent crimes. This is especially true if the violent crime resulted in permanent disability, disfigurement, and death to the victim.

Because the penalties and long-lasting repercussions of a violent crime conviction are serious, it’s important to mount a strong defense and start fighting back against the charges as soon as possible.

Classification of Violent Felonies in California

Violent crimes can be loosely defined as any crime involving harm or the threat of violence. California Penal Code 667.5(c) refers to violent crimes as “violent felonies,” but some of these crimes are actually charged as misdemeanors. It is important to note that in some instances, a crime can be classified as violent even if direct physical harm to another person did not occur.

While there are over a dozen defined violent felonies, some of the most common include:

• Aggravated Assault. Aggravated assault involves seriously harming another individual with the aid of a deadly weapon or with the intent to inflict serious harm. Certain assault crimes are considered violent felonies in CA.
• Voluntary Manslaughter and Murder. Voluntary manslaughter occurs when an individual causes harm that leads to the death of an individual without premeditation or advance planning. Such a crime is usually carried out impulsively. Murder happens when an individual kills another person with forethought or a deliberate intent to do so.
• Robbery. Robbery is a type of theft that involves taking property from an individual or individuals by using violence or the threat of violence.
• Burglary. Burglary is a separate violent theft crime that involves non-forceful unlawful entry or breaking and entering an enclosed, private space, such as a home or automobile, to steal.
• Kidnapping. Kidnapping is a violent felony that involves taking a person, transporting them unlawfully, or keeping them in a confined space against their will. Kidnapping crimes are typically associated with the intent to ask for ransom or commit another subsequent crime.
• Rape. Rape is a type of sex crime that involves penetration of another person without their consent, usually by coercion, force or threat.
• Domestic Violence. Domestic violence charges involve physical, emotional, or sexual violence in a domestic setting, if the relationship between the perpetrator and victim falls within the requirements of California law. Certain domestic violence crimes can be classified as CA violent felonies.
• Arson. Arson is a violent crime that involves setting property on fire at the risk of severely damaging the property and often involves harming or threatening the lives of involved individuals.
• Terrorism. Terrorism is a serious violent crime that involves the use of mass threats, intimidation, or use of violence to carry out and achieve certain religious, ideological, or political objectives. It is not uncommon for terrorism to harm or even kill victims. Acts of terrorism can involve one or more CA violent felonies.
• Assault With Intent. Certain crimes that include the intent to carry out a felony crime with violence or the threat of violence can be classified as felony crimes, even if the intended acts were not successfully carried out.

Other California violent felonies can include mayhem, sodomy, attempted murder, continuous sexual abuse of a child, carjacking, and extortion. Whether certain crimes can be classified as violent felonies is dependent on the degree of the crime and other specific contextual details. Under the California Penal Code, such crimes have enhanced prison sentencing if the defendant has been found to have committed such a crime before.

If you are facing charges for a violent felony crime in Sherman Oaks, California, it is critical to get experienced and strategic criminal defense representation as soon as possible. They can analyze the charges against you, collect critical evidence, and address your questions and concerns. A violent crimes criminal defense lawyer from The Law Offices of James E. Silverstein can ensure that your rights are protected and help you work to mount a strong defense.

Violent Crime Penalties

The penalties for violent crimes in Sherman Oaks, CA, can vary depending on the classification of the crime, the circumstances of the criminal act, and the defendant’s criminal history. The majority of violent crimes are classified in California as felonies, which typically are sentenced with a mandatory minimum of at least one year in prison and a subsequent probation period.

In addition to incarceration, fees, and other criminal penalties, felons face a myriad of collateral consequences, including difficulty accessing certain government benefits and government-related employment and the loss of the right to vote while in prison. Additional employment, housing, and educational opportunities can be hindered as well as a result of a violent crime conviction. Furthermore, individuals convicted of certain crimes can lose custody and visitation rights to their children.

Defense Strategies Against California Violent Crime Charges

As the penalties for CA violent crimes can be devastating and long-lasting, it is critical to fight charges as soon as the defendant is aware of them. Law enforcement and the prosecution will use any means at their disposal to build a case against you, so working with an attorney is one way to balance out the scales.

A knowledgeable and passionate criminal defense attorney from the Law Offices of James E. Silverstein can optimize your defense strategy based on the details of your case and associated evidence, employing one or more of the following defense strategies:

• Proving Mistaken Identity. By proving that your identity was mistaken for that of someone else who committed the violent crime, you can get your charges completely dropped. This strategy involves using key evidence, such as DNA, photo and video footage, as well as other mediums to prove that you were not the individual who committed the crime.
• Arguing Self-Defense. Harm can be caused while acting in self-defense. Proving self-defense involves showing that the act of self-defense was congruent with the threat of harm that the defendant was facing at the time of the act. Proving self-defense requires the skills of an experienced and analytical attorney.
• Showing Accidental Violence. Intent to commit a violent act against another individual is a key component of a violent crime accusation that must be proven in order to lead to conviction. Accidental violent crimes have much less serious implications, and therefore, proving that an act of violence was accidental can lead to a reduction of charges and subsequent penalties.
• Demonstrating a Breach of Your Rights. If your attorney can show that your rights were breached before, during, or after your arrest by lawful enforcement, such as by showing that you were not read your Miranda Rights or that you were denied legal counsel, that can be grounds to get your charges dropped due to lack of sufficient evidence.
• Challenging Evidence Validity. If the evidence being used against you by the prosecution was seized illegally, then your attorney can work to prove this. If proven, the evidence can be voided for use in a criminal court, meaning it cannot be used against you.
• Questioning the Prosecution’s Argument. An experienced criminal defense lawyer can examine all of the evidence against you and work to find counterevidence that challenges existing evidence. Successful evidence will find inconsistencies or contradictory aspects of the argument in the prosecution’s letter.
• Demonstrating Good Moral Character. Your attorney can provide evidence and witnesses to show that you have historically demonstrated strong moral character and that you could, therefore, not be capable of committing the crimes that you have been accused of.

In certain cases, it may be optimal to plead guilty or negotiate a plea bargain with the prosecution in order to receive a guaranteed reduction of charges and subsequent sentencing. An experienced lawyer from The Law Offices of James E. Silverstein is here for you during these difficult times to understand your concerns, address your questions, and work towards your ideal case outcomes.

At our Sherman Oaks law firm, we provide a safe and non-judgmental space where clients can share their stories, express their grief, and forge a strong connection with our legal team. Through trust and compassion, we can work together to build up a strong criminal defense strategy, employing multiple different tactics to work towards optimal outcomes for your CA violent crimes case.

FAQs

Q: What Is the Cost of a California Violent Crimes Criminal Defense Lawyer?

A: The cost to hire a criminal defense lawyer in California for defense against violent crimes is dependent on a variety of factors, including the location of the firm, the experience, education, and certification of the attorney, the severity of the charges, and other critical details. For violent crime criminal defense representation, lawyers will typically charge an hourly fee that could range from $200 to $1,000 per hour. It’s important to work with a lawyer who is transparent about their legal fees.

Q: What Is Considered a Violent Crime in California?

A: A violent crime in California is considered to be a crime that involves the threat or use of violence to harm another individual or individuals. Violent crimes, such as crimes classified as “violent felonies” in the state, have greater associated penalties, including enhanced prison sentences and associated fines.

If you have been charged with a violent crime in CA, it’s critical to seek experienced criminal defense legal representation as soon as possible so that you can protect your rights and mount a defense strategy.

Q: What Is the Penal Code for a Violent Crime in California?

A: Violent felonies are defined in California under Penal Code section 667.5. This section of the penal code helps to define which crimes are considered to be violent felonies and establish sentencing rules for violent felony convictions based on the defendant’s criminal history and the severity of their current charges. Equivalent violent crimes convicted in other states are also considered to be prior offenses in California, according to section 667.5 of the CA penal code.

Q: How Are Federal Violent Crimes Defined?

A: The Federal Bureau of Investigation defines federal violent crimes by categorizing them into four main areas, which are forcible rape, robbery, aggravated assault and murder, and nonnegligent manslaughter. The FBI leverages these violent crime classifications to provide regulated standards for their Uniform Crime Reporting (UCR) Program, which gathers data across states to report national violent crime figures.

Get Fierce Representation Today With a Sherman Oaks Violent Crimes Attorney

If you are facing violent crime charges in Sherman Oaks, California, then you are not alone. An experienced and compassionate violent crimes lawyer from the Law Offices of James E. Silverstein can consider the details of your case and your ideal case outcome to craft and implement an effective criminal defense strategy.

From advocating on your behalf in the courtroom to negotiating with the prosecution, a dedicated attorney from our law firm will exhaust all legal options and strategies to yield an optimal outcome for your case. We will work to defend your rights while also refraining from passing judgment. Contact a thoughtful and knowledgeable attorney from our law firm today to get started.