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
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
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.