Californians have a general right to feel secure within their communities. However, violent crimes can shatter this sense of security. In California law, violent offenses range from assault and battery to even homicide and vary in their severity, having distinct penalties for each. If you or anyone you know is charged with a violent crime, it is important to know the legal particulars.
Luckily, you have landed at the right place as we are about to discover the various violent crimes in California, their corresponding charges and penalties.
So without further let’s get started.
Violent Crimes in California
Violent crimes in california are crimes that involve the use of force or threat of force to inflict harm to another person. Such offenses in California are stringent, and therefore, crimes are punished more harshly. Here are some of the most common violent crimes including, but not limited to assault, battery, murder, homicide, and robbery. Let’s have a look at what these offences are in more detail.
Assault and Battery
Assault and battery are two crimes that are often blended together but these two are separate offenses in law in California.
- Simple Assault (Penal Code Section 240)
The primary act of attempting to inflict injury is unlawful. In general terms, a simple assault can be defined as an attempt of causing intentional injury which cannot be inflicted to an individual. The act of Simple Assault does not require any form of contact or violence to be inflicted.
- Battery (Penal Code Section 242)
This offense consists of the actual unlawful touching of another person in a harmful way. This includes slapping, pushing, or any offensive physical contact.
- Assault with a Deadly Weapon (Penal Code Section 245)
This is an act of threatening to use a weapon that one has and which one is capable of using against another person, regardless of whether the weapon was used or not.
Penalties:
- In the case of simple assault, a person can spend a maximum of half a year incarcerated, and pay fines totaling a maximum of $1,000.
- For Battery, a person can get half a year in jail, as well as be ordered to pay fines that can total up to $2,000.
- In a case of Assault with a deadly weapon, a person gets termed as a felon and can be imprisoned for half a decade. This is in addition to all the changes that may stem from restrictive laws.
- Penalties are more severe when the victim was an armed service member or other public employees.
Example:
Aiming to hit someone with a punch, however, missing the target will be deemed assault. If the punch was connected and resulted in injury, this charge will be elevated to battery.
Murder (Penal Code Section 187)
Murder is known to be one of the most heinous acts one can commit. The act of murder is said to be the unlawful killing with premeditated intent towards malice. This can involve planning and careful consideration. Nuanced terminology must be applied to categorize unlawful killing or homicide. The variety of terms follows as such: highlighting the levels of specificity of unlawful killing and their consequences. These include:
- First-Degree Murder: Primarily entails substantial premeditated intentional murder or deliberate and extensive planning which, unfortunately, may occur during the act of the commission of a number of more serious felonies, for example the murder of felony rule.
- Second-Degree Murder: Unlawful homicide committees without any malicious intent or while taking into consideration the presence of intent.
Example: Disguised execution, known as planned assassination, qualifies as first degree murder. The controversial topic debate, out of which a heated argument may arise, in which case the charge is likely to be secondary murder or voluntary manslaughter.
Homicide (Penal Code Section 192)
A homicide where foremost factor of malice aforethought is missing falls under the provisions of the penal code section 192 or unlawful killing of another person which ultimately can be considered under aforementioned categories of homicide: voluntary and involuntary.
- Voluntary manslaughter: Extreme passionate filing or by way arising out of sudden confrontation.
- Involuntary manslaughter: Premeditated consideration of sinister motives but lacking a certain determination leads to reckless, callous and cruel act which ultimately causes the death of a person where the motivation comes from the commission of a non-felony crime.
Penalties:
- Intentional manslaughter: minimum 3 years and maximum 11 years.
- Unintentional manslaughter: minimum 2 years and four years in imprisonment.
Robbery
Mugging or assault accompanied with the use of a weapon or threats is an act of robbery. Furthermore, theft of valuable possessions from someone’s house through the means of intimidation can also be considered as robbery.
Robbery is defined as a method of taking away someone’s belongings by use of power or threats regardless if there is a weapon present or not.
Penalties:
- First-degree robbery: Up to 9 years of incarceration.
- Second-degree robbery: Up to 5 years of incarceration.
California’s Three Strikes Law
In the state of California, persistent aggressive criminals are subjected to stiffer repercussions. A violent third felony conviction could lead to a sentence of life imprisonment.
Conclusion
Being accused of a violent crime can be life-altering, with potential consequences including prison time, hefty fines, and a tarnished reputation. Navigating the legal system alone is risky, but a skilled attorney can be your strongest ally. From analyzing the charges and identifying weaknesses in the prosecution’s case to gathering crucial evidence and negotiating plea deals, an experienced lawyer builds a solid defense for your situation. More importantly, they ensure your rights are protected every step of the way. When your future is on the line, having a knowledgeable legal advocate can make all the difference.
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