Los Angeles Violent Crime Lawyer
Violent crimes cover a range of offenses that involve the use of force or the threat of force on another person. In some situations, the violence is the crime itself, while in other circumstance, the violence or threat of violence is used to when committing another criminal act. If you have been charged with a violent crime, contact a criminal attorney to find out more about the laws pertaining to your case and to discuss your defense options. Martinian & Associates can explain statutes and the possible outcomes of your situation. Our firm is experienced in cases involving violence and can give you reliable legal advice. We are aggressive Los Angeles criminal defense lawyers that will work tirelessly to protect you.
Types of Violent Offenses
This is a form of homicide that is committed with "malicious aforethought" and is thus vastly different from cases of manslaughter. For murder to be proven, it must be shown that the defendant was not acting in the "heat of the moment" and rather that they were acting with calculated intent to kill the other person. This could be a separate crime or charged concurrently with something such as rape or robbery.
Under criminal law, rape is considered to be the causing sexual activity without the consent of the alleged victim. This could be someone who was coerced through force, someone who was unable to consent due to a mental illness or someone who was below the act of eighteen and therefore unable to legally consent. Regardless, this is seen as a violent sex crime and one of the most severe.
Assault & Battery
In the state of California, criminal charges of assault and battery are actually two separate charges. Assault refers to the attempt to commit violence against another individual, coupled with the apparent ability to do so. Battery is the actual carrying out of violence and causing of injury. In many cases, these will be paired together and charged concurrently, hence charges of "assault and battery."
The taking of a vehicle with the use of force or fear from the immediate presence of its owner is considered carjacking. The element of violence differentiates this from a typical charge of grand theft auto and causes this crime to be one with stiff penalties. This is a felony and therefore a three strike charge. Should it be proven the defendant was using a dangerous weapon, the charges can be severely enhanced.
Unlike murder, the committing of manslaughter is a type of homicide without the element of malice. This could be done when intensely provoked, such as voluntary manslaughter, or through gross negligence, such as involuntary manslaughter. Should it be homicide caused by a car accident, it will be considered vehicular manslaughter. This is a milder crime than murder but still carries harsh penalties.
Sexual assault is an umbrella term that includes any form of sex crime, such as rape, sexual enticement of a minor or even child molestation. Due to the severity of this crime, it carries stiff penalties will often require the convicted to register as a sex offender for life. This can be made even worse should the crime have been committed with the use of a dangerous weapon or if a minor was involved in any manner.
The committing of violence against a spouse, romantic partner or roommate is a serious offense that is referred to legally as domestic violence. Regardless of whether this is committed physically, emotionally, sexually or even financially, domestic abuse carries stiff penalties that could overflow into every aspect of the defendant's life. For example, it could have serious repercussions in a family law case for custody.
The criminal charge of robbery is defined as the taking of property from another person, either in their immediate presence or off of their person. This can be done through force or fear, but must be against the will of the owner. In some cases, the owner will not be involved, as long as the person who was there had some form of possessory interest in the item being stolen.
Arrested for a violent offense? Call Martinian & Associates!
No matter the exact circumstances of the crime that you have been charged with, it is necessary to get aggressive legal defense that you can count on. Many violent crimes are charged as felonies, especially if the alleged victim was severely or fatally injured. The penalties will depend on the circumstances of the case, including whether or not a weapon was used, the severity of the injuries suffered by the victim, if the crime was committed against a child, and the prior criminal history of the defendant. Sentencing can include jail time, fines, restitution, community service, and sex offender registration if the crime involved sexual misconduct.