Winnetka Violent Crimes Attorney

If you are arrested for a violent crime, you are being accused of harming another person. This is a serious accusation, and you should hire a legal professional to assist you with your case. Contacting a Winnetka violent crimes attorney will give you the greatest chance at a positive outcome to your dire situation.

James E. Silverstein has more than two decades of experience advocating for the rights of Winnetka residents who have been accused of violent crimes. He can carefully review the facts of your case and create a strong legal strategy that aims to protect your future. Regardless of the severity of your situation or your criminal history, Mr. Silverstein is here to tirelessly support you.

What Is Considered a Violent Crime in Winnetka?

A violent crime is a crime that involves physical harm to another person or the threat of harm to another individual. For example, if you are charged with any of the following criminal offenses, you are being accused of a violent crime. If you are charged with any violent crime in Winnetka, including those not on the list below, you need a hardworking criminal defense attorney to stand up for you.

Domestic Violence

If you are accused of engaging in any type of violent activity with people in your household, you are being charged with domestic violence. While domestic violence is often associated with violence between romantic partners, it can also occur between other members of the household, such as roommates, parents, children, grandparents, and more.

In Winnetka, domestic violence can be both a misdemeanor and a felony, depending on the circumstances of your case. Either way, your domestic violence charge can result in costly fines and incarceration. It can be difficult to prove what happened in cases of domestic violence, so you will need an experienced violent crime attorney to collect evidence on your behalf and craft a strong defense.

Kidnapping

If you are charged with kidnapping in Winnetka, CA you are facing a felony charge with punishments including up to eight years in prison. In order to be convicted of kidnapping, there must be proof that you restrained someone against their will and that you used force and the threat of violence.

There are many factors that could lengthen your punishments, including if the person you were charged with kidnapping was severely injured or killed or was a child under the age of eighteen, you demanded a ransom, killed, or the crime was related to other crimes, like carjacking.

Carjacking

If you are arrested for carjacking, you are being accused of stealing a vehicle with the use of violence or intimidation. If you are found guilty, you can usually expect to be sentenced to up to nine years in prison. Your punishment might be worse if your crime occurred in conjunction with another one, such as kidnapping.

Carjacking is also one of the felonies that is a part of what is known as California’s “three-strikes system.” If you have two previous convictions, you will have to spend 25 years in prison for your third offense.

Sex Crimes

Sex crimes are any crimes that involve non-consensual or illegal sexual activity. Not all sex crimes are considered violent crimes, but there are several sex crimes that fall into this category in Winnetka. In order for a sex crime to be a violent crime, it must involve force or physical harm. For instance, the criminal actions on the list below are usually considered violent crimes by the Winnetka court:

• Rape: Non-consensual sexual intercourse that often involves the use of physical force
• Aggravated Sexual Assault: The use of aggressive physical violence while performing non-consensual sexual activities, including, but not limited to, intercourse.
• Sexual Assault with a Weapon: Sexual assault with any type of weapon involved in threatening or performing violent acts.

The penalties you might face for being found guilty of violent sex crimes will vary drastically based on your case and your attorney. However, you can typically expect to pay monetary fines, face jail time, and have to register as a sex offender. You can also usually anticipate that you will face harsher charges if you have one or more prior convictions for a sex crime.

Even if your current or previous sex crime charges were not for a violent crime, after a history of convictions, you might see yourself facing the same punishments as you would for a violent sex crime. If you have prior convictions and need assistance in defending yourself against harsh penalties for a new charge, you will need a lawyer with an in-depth understanding of criminal law.

Manslaughter

If you are accused of killing someone without intent or premeditation, you might be charged with manslaughter. For example, if you are driving while under the influence of drugs or alcohol and you hit a pedestrian, causing their death, you will likely be charged with manslaughter.

The court will review the circumstances of your case and charge you with either voluntary or involuntary manslaughter. Both are considered serious felonies, and you can expect to face time in prison and high fines. The right Winnetka criminal defense attorney can help stand up for you against your charges and work to negotiate a light sentence if you are found guilty.

Murder

If you are charged with killing another person with the intention to do so, you will likely be charged with murder. This is one of the most serious charges you can face, so you will need a dedicated attorney who can help you advocate for yourself at this time.

The California court will classify your murder charge as either murder in the first-degree or second-degree, depending on what they assess as the level of intent and malice in each case. While your sentence will likely be a bit lighter for second-degree murder, this is still a felony charge that can result in decades to life in prison. You will need an experienced California violent crime attorney to fight for a light sentence if you are convicted of murder in any degree.

Child Abuse

Although not all child abuse charges are considered violent crimes, if you are accused of physical or sexual child abuse, your charge will typically fall into this category. The physical abuse of a child involves the infliction of physical harm on a child in any form, including slapping, hitting, punching, throwing items, and more.

If you are charged with the sexual abuse of a child, you are being charged with having sexual relations or engaging in sexual activities with a minor. In California, the age of consent for sexual activities is eighteen, so engaging in any inappropriate behavior with someone younger, even if you were unaware of their age, is against the law.

Violent criminal charges for child abuse are taken very seriously by the Winnetka criminal justice system. If you are charged with hurting a child in a physical or sexual manner, you will need a strong case to stand up for yourself. Your criminal defense attorney can do everything in their power to secure relevant evidence and defend you, and they can also advocate for your character if you are found guilty to fight for a light sentence.

Assault

Often used interchangeably with the term battery, assault is a distinct violent crime that involves the threat of physical harm to another person. To be found guilty of assault, there must be proof that you caused another person to be fearful that you would harm them. A simple assault can often be a misdemeanor charge, but if you are found to use a deadly weapon or engage in more serious behavior, you can face a felony charge.

Battery

If you are arrested for battery, you are being charged with intentionally touching another person in a harmful manner. If this act results in serious bodily harm, you will likely face a felony charge for this violent crime.

You can anticipate that your sentence will be more serious if there were aggravating factors in your case, like the use of a deadly weapon, or if you have had prior assault and battery convictions on your criminal record. If you are charged with a felony, you might be looking at four years in jail for battery.

Burglary

If you are charged with breaking and entering into someone’s property and stealing from it, you are looking at a burglary charge. Not all instances of burglary are considered violent crimes. However, if you are charged with entering someone’s residential dwelling with the intent to commit a felony, you will likely be charged with a violent crime.

If you are convicted of burglarizing a private residence, then you might be facing up to six years in jail or prison. The right criminal defense attorney can help you fight against or minimize this sentence.

How Can a Winnetka Violent Crimes Attorney Help?

If you are charged with a violent crime in Winnetka, it is unwise to try to proceed without a criminal defense attorney. Whether you were falsely accused, hurt someone by accident, or know you are guilty, it is difficult to advocate for yourself and collect the necessary evidence to enhance your credibility. To protect yourself as much as possible, you should remain silent until you have a seasoned violent crimes attorney working on your case.

Your criminal defense attorney can give you peace of mind in this distressing time by taking care of all of the legal technicalities. The California criminal justice system is complicated and confusing, and it can be difficult to navigate it without a legal professional, especially when you are facing serious criminal charges. When you hire a criminal defense lawyer, you can rest assured that they will take care of all of the following:

• Reviewing Your Case: Cases of physical, sexual, or any kind of violence can happen fast, and it can be confusing to sort out what happened and who did what. If you are struggling to understand how you came to be accused of your crime, your lawyer can examine the facts of your case and collect evidence to understand what happened and what you are being charged with.
• Collecting Evidence: If you choose to plead not guilty, you will need evidence to prove that you are not to blame for what happened. Whether your defense strategy is proving that you have an alibi and this was a case of mistaken identity or that you were there and did not do what you are being accused of, you will need strong evidence that proves your point. Your attorney will understand if it is possible to collect this evidence and how to do it.
• Arguing in Court: If you plead not guilty and your case goes to trial, your lawyer will present an argument on your behalf in court. Having a legal professional craft a compelling argument that is unique to the circumstances of your case can enhance your credibility and give you the highest chance of walking away from this charge.
• Negotiating: If you plead guilty or are found guilty after your trial, your lawyer can do everything in their power to negotiate on your behalf. As they navigate this process, they will prioritize getting you the lightest sentence they can so you can move forward.

Contact James E. Silverstein Today

If you are looking at violent crime charges, you need to contact a seasoned criminal defense attorney. No matter how you ended up in this situation, James E. Silverstein is here to defend you. A dedicated criminal defense attorney in Winnetka with a proven record of success, Mr. Silverstein can meticulously review all of the facts of your case and craft the right legal strategy.

James E. Silverstein is well-versed in the laws surrounding violent crimes in California and can help you understand what consequences you are facing. He can give you an in-depth overview of what to expect from the legal process ahead of you and what to expect in the context of your case. Contact the Law Offices of James E. Silverstein today to learn how he can help you or a loved one facing violent crime charges.