Per California statutes, violent crimes refer to unlawful conduct that leads to bodily injury to someone else or consists of a threat or attempt to threaten. The offenses are classified into robbery, murder, rape, and sexual abuse or assault. You must comprehend how California law defines these specific violent crimes and the potential legal repercussions if the court finds you guilty of one of them.

A guilty verdict for these offenses will attract life imprisonment or, in exceptional cases, execution. However, with proper legal representation, you can avoid a conviction. At Riverside Criminal Attorney , we understand violent crimes and local court processes and are thus better positioned to help you secure a favorable outcome in your case.

Homicide or Murder

Per California Penal Code 187, murder falls into three classifications or levels as follows:

First-Degree Murder

First-degree murder belongs to the class of violent crimes in California. The most severe homicide type is first-degree murder, which California law, Penal Code Section 187, outlines. 1st -degree homicide, or murder, is the deliberate and premeditated killing of an individual. The offense has two categories; premeditated murder and felony murder.

Premeditated murder happens when you plot and consider killing another person before carrying it out. You must have intended to kill for a long time, proving deliberate planning. Felony murder occurs when you end a person's life when engaging in a serious crime, even though you did not have plans to kill. Per the felony homicide rule, when you commit a violent crime, like robbery, rape, or kidnapping, you will face 1st-degree homicide charges if the loss of life happens when committing a crime.

Under California law, first-degree murder includes premeditated and felony murder. It is a violent crime involving another person's willful and unlawful killing. It is a felony charge whose conviction results in the following punishments:

  • 25 years to life incarceration in a state prison.
  • Life incarceration with no parole.
  • Capital offense.
  1. Second-Degree Murder

Homicide or murder in the 2nd degree differs from the 1st because it lacks premeditation or intentional action. 2nd-degree murder is unlawful and takes place with malice aforethought but without prior planning.

When you willfully kill someone else without a legal reason but without the aspects necessary for a 1st-degree murder allegation, you risk 2nd-degree homicide charges. Second-degree murder differs from first-degree murder in that premeditation is absent. You will face, at most, fifteen years of prison incarceration if found guilty.

  1. Involuntary Manslaughter

California PC 192(b) outlines involuntary manslaughter as the illegal killing of someone else when you did not plan to do so. The violation happens due to criminal negligence when you behave recklessly, exposing others to severe risk of sustaining bodily harm or death, and your conduct causes another party to lose their life.

Alternatively, PEN 192 violation charges can stem from criminal conduct. The crime occurs when you commit a misdemeanor or a violation that should not harm someone's life, but the behavior leads to the loss of life. When this happens, the killing is regarded as involuntary manslaughter if it is the inevitable and likely result of the illegal act.

A violation of PEN 192 can result in severe charges. However, because the crime lacks malice aforethought, the law categorizes it as minor compared to murder. It is crucial to remember that the precise classification and punishments for involuntary manslaughter will change depending on the circumstances and the relevant laws.

You risk two, three, or four years of prison incarceration when the court convicts you of the crime. You can also be required to pay $10,000 in monetary court fines based on the judge's discretion.

California Senate Bill (SB) 1437

Before the passage of SB 1437, the prosecutor could charge you with 1st-degree murder if you caused the death of a person while engaging in a dangerous felony. The charges would hold even when your action did not directly result in life loss or intent to kill. The prosecutor only needs to show you were at the crime scene when it happened to convict you, even if you did not directly take another person's life.

Concerns regarding the fairness and proportionality of the felony murder rule were addressed by SB 1437. In circumstances where a defendant engaged without killing intent, without knowing that a co-participant meant to kill, or with callous disregard for human life, the bill incorporated adjustments to limit the application of the rule.

The principal clauses of SB 1437 are as follows:

  • Limited liability — Under the new law, you can face murder charges if you committed the crime, actively assisted in it to kill, or showed reckless disregard for human life.
  • Retroactive application — The statute also grants anyone previously sentenced to felony murder the right to ask the court for a new sentence. The clause addresses instances where defendants were convicted of murder under the previous statutes without active involvement.

Rape and Sexual Abuse

The second category of violent crimes is rape and sexual assault.

  1. Sexual Assault

Per PC 243.4, sexual battery or assault is touching someone else's intimate parts without consent for sexual gratification, arousal, or abuse. You risk these charges even if there is an existing sexual relationship between you and the accuser. Besides, unlike rape, the prosecutor does not need to prove there was sexual penetration to secure a guilty verdict. Intimate parts here include the anus, groin, buttocks, or genitals.

If the court convicts you of sexual battery as a misdemeanor, you will face, at most, six months of jail incarceration and a court-imposed financial fine not exceeding $2,000. The financial court fine will increase to $3,000 if the accuser is an employee.

When aggravating circumstances are present in a sexual battery case, it becomes an aggravated sexual battery. The factors that make PC 243.4 violation a felony are:

  • Illegal restraint of the victim.
  • The victim was medically disabled or confined to a mental institution.
  • The victim was unaware of the nature of touching.
  • You forced the accuser to masturbate or touch their intimate parts.

Sexual assault involving a weapon is also a violation of PC 243.4. It happens when you, the defendant, use a weapon to accomplish sexual assault. Because of the increased threat, danger, and harm posed to the victim, it is regarded as an aggravated form of sexual assault and is handled as a more severe crime.

Any object used to threaten or hurt the victim counts as a weapon in a sexual assault, including knives, blunt objects, guns, and other weapons. The victim's fear and harm dramatically increase when a weapon is present, resulting in more serious legal repercussions for the offender.

If these circumstances exist, a conviction will result in felony probation, at most $10,000 in court fines, and no more than 48 months of prison incarceration. Additionally, the court can order you to enlist as a sexual predator for a lifetime.

  1. California Rape

Per PC 261, rape is the act of participating in sexual intercourse with another party without effective permission or consent. You can face these charges even if the alleged victim is your spouse and you did not plan on having non-consensual intercourse. Again, you risk rape charges if the accuser is unconscious or physically or mentally disabled to the extent that they cannot consent to the sexual act.

Rape is charged as a felony, and a guilty verdict will result in $10,000 in financial court fines and jail incarceration. The time you spend behind bars hinges on the nature of the charge. If the victim is a person of legal age and you are not married to them, a conviction will result in three, six, or eight years of prison incarceration.

The sentence will increase to nine, eleven, or thirteen years if the alleged victim was 14 or younger at the time of the crime. For victims older than 14 but younger than 18, the punishment for a rape conviction is seven, nine, or eleven years.

If a rape is committed against a spouse, you face charges under PC 264(a). You could spend 24, 72, or 96 months behind bars if found guilty.

Using force or receiving help from other individuals to commit rape is punishable by a prison sentence of 60, 84, or 108 months. If the victim is 14 or younger, the sentence increases to ten, twelve, or fourteen years. The sentence you will face when the victim is between 14 and 18 under these circumstances is seven, nine, or eleven years.

And when the victim sustains substantial physical injuries during the commission of rape, you will face a penalty enhancement of 36 to sixty months. These penalties are life-changing, so we encourage you to seek legal advice and representation from a violent crime criminal attorney immediately after arrest.

Historical Sexual Assault

The term "historical sexual assault" refers to instances of sexual assault or abuse that occurred in the past and were not reported within the time frame allowed by law for legal action to be taken. It entails assault cases that happened long ago when the victim lost their constitutional right to seek legal action due to the statute of limitations lapse.

It would help to know that a lot of awareness has been raised about these cases, and many historical sexual assault victims are now speaking up and taking legal action against the perpetrators of the crimes. Today, many states have removed or extended the timeline to prosecute sexual assault cases, especially those involving children, for the prosecutors to file charges against alleged perpetrators.

California's legislation has been changed to extend the statute of limitations for specific sexual assault offenses. Any sexual crime, like rape or forcible penetration, committed against an underage person has no stipulated time for prosecution. The prosecutor will still charge you, regardless of how many years have passed since you committed the crime.

Sex Offender or Predator Registration Obligation

Additionally, a conviction for specific sex crimes will require enlisting with the local law enforcement agencies as a sexual predator or offender. Different registration obligations and restrictions will apply depending on the offense you have committed, your criminal history, and other variables. Sexual crimes fall into one of three categories, each outlining the duration of sex offender registration.

Tier one sex offenses have the fewest prerequisites, including misdemeanor sexual assault, battery, and indecent exposure. According to the PC 290 statute, offenders must register as tier-one sex offenders for at least ten years.

Mid-level or tier-two sex crimes, which include crude behavior with a minor under 14 and unrequited sexual contact with a child, are included in this category. If found guilty, violators must register with the California sex registry for at least 20 years.

A felony conviction for rape, sex trafficking of minors, or sexual conduct with children ten years of age or younger comes with the obligation to register as a sex offender under the third tier. Offenders falling under this category and repeat offenders under levels one and two must all enlist as sexual predators for a lifetime.

Reprieve From SB 384

SB 384 allows eligible people previously required to register as sex offenders for life to obtain a court order to be removed from the registry or reduce their registration requirements. The measure established a tier system that divides criminals into groups according to the seriousness of their crimes and the estimated likelihood that they will commit new offenses.

If you have been convicted of some less severe felonies, the court will shorten your registration period thanks to the tiered registry system. Additionally, SB 384 gives those who have finished their required registration period and have not committed a new offense the chance to petition to be removed entirely from the registry.

  1. California Robbery

Robbery occurs when you take someone's property against their will through force, threats, or intimidation. Given the possibility of bodily harm or the threat of violence, it is seen as a crime against property and is frequently categorized as a violent crime.

There are two levels to robbery: first-degree and second-degree robbery

First-Degree Robbery

First-degree robbery is a particular classification of robbery that denotes a higher level of seriousness and frequently carries more severe punishments.

The following components are often present in first-degree robberies:

  • Use of force or threat — You threaten to injure the victim or employ physical force to commit the crime. The victim or any individual present during the offense is the target of the power or threat.
  • Stealing intent — You intend to take another person's property without their will.
  • The existence of aggravating circumstances — First-degree robberies frequently entail additional circumstances that make them more serious. These elements involve using force, inflicting severe bodily pain, or selecting particular victims, including the weak or financial institutions.

You risk 36 to 108 months of prison incarceration when convicted of this type of robbery.

Second-Degree Robbery

2nd-degree robbery in California is a crime that California PC 211 outlines. The statute describes the act of stealing another person's property out of their immediate possession against their will, out of fear or force, but without the existence of specific aggravating circumstances that would raise it to 1st-degree robbery.

2nd-degree robbery in California entails the following elements:

  • Taking another person's property — The defendant steals another person's property without their consent.
  • From their immediate possession — The victim is directly robbed of the goods, or they are removed from them.
  • Against their will — The seized property was taken against the victim's will.
  • Use of force or fear — To seize the property or quell opposition, the defendant resorts to violence, assault, intimidation, or threats.

Second-degree robbery does not involve any particular aggravating circumstances, unlike first-degree robbery. These criteria include robbing someone using an ATM, bus, taxi driver, or passenger, or stealing from an occupied building.

In California, second-degree robbery carries twenty-four to seventy-two months of prison incarceration. The penalties are severe, and you must speak to a defense attorney to prevent a conviction.

Penal Code 12022.53

"California's 10-20-Life Law," California PC 12022.53, is a sentencing enhancement rule that applies to some serious or violent felonies. When a defendant uses a handgun while committing the primary felony, this legislation imposes additional penalties, including mandatory minimum terms.

If a person personally uses a firearm to commit one of the crimes listed in Penal Code Section 12022.53, they will face harsher punishment.

PEN 12022.53's punishments and enhancements will change based on the specifics of the offense and the defendant's criminal record. Because the law stipulates mandatory minimum sentences, a defendant found guilty of a crime covered by the statute must serve additional time behind bars if they used a firearm to commit the crime.

According to Penal Code Section 12022.53, the minimum penalties that must be served include:

  • If a gun was used personally while the crime was being committed, ten years in jail.
  • For purposefully and personally firing a weapon in the commission of a crime, 20 years in jail.
  • For personally and knowingly firing a gun while causing significant bodily injury or death as a result of the act, 25 years to life in prison.

Robbery With Multiple Victims

When there are several victims, the prosecutor will decide to file separate robbery charges against the offender, one for each victim. Each count will be based on the robbery components specific to that victim. The local laws of the area where the violation happened determine the type of charge and possible penalties.

The degree of the injuries caused to the victims, the use of a weapon, and prior criminal history are all relevant facts that can affect the robbery penalties. Multiple victims will be viewed as aggravating, which could result in harsher punishments.

Other Violent Offenses

California's violent crimes are not limited to those highlighted here. At Riverside Criminal Attorney , we can also help you challenge the following violent offenses:

  • Kidnapping.
  • Arson.
  • Carjacking.
  • Domestic violence.
  • Burglary.
  • Extortion.
  • Sodomy.
  • Assault.

Violent offenses are usually filed as felonies and attract harsh penalties. Hefty monetary court fines, lengthy incarceration, life imprisonment, or a death sentence are some of the penalties you risk for a violent felony conviction. Our lawyers understand the various legal definitions of violent crimes and the court processes involved in prosecuting these charges. Our knowledge and experience with these crimes will help us craft tailored legal defenses to convince the prosecutor to reduce or drop your charges.

California's Three Strikes Law

The Three Strikes Law in California is a sentencing regulation that imposes harsher punishments on those found guilty of several severe or violent felonies. The statute was established in 1994 by Proposition 184 and later codified in Section 667 of the California Penal Code.

The following guidelines are applicable under the Three Strikes Law:

  • First strike — If you commit a serious or violent felony for the first time, you receive a strike on your record. Criminal offenses considered severe or violent include murder, rape, robbery, kidnapping, and several forms of assault.
  • Second strike — If you already have one strike on your record and are found guilty of a second violent or significant offense, it constitutes your second s In most cases, prison sentences for second-strike convictions are double those the court could impose for the same violation without a prior strike.
  • Third strike — Any conviction for a felony offense, even one that is not serious or violent, qualifies as a third strike for a person with two strikes on their record. A mandatory minimum term of 25 years to life in state prison is imposed for third-strike convictions.

The Three Strikes Law attempts to ensure that repeat offenders with a history of significant or violent offenses receive longer and harsher punishments. While supporters claim that the rule serves as a deterrent and safeguards public safety, critics argue that it will result in excessive sentencing and jail overpopulation.

Find the Right Violent Crimes Defense Lawyer Near Me

A guilty verdict for a violent crime is overwhelming and life-altering. Luckily, you can contact Riverside Criminal Attorney for legal guidance when you face the charges. We will walk you through the type of charge you face and possible penalties, and we will craft defenses to prevent a guilty verdict. Contact us at 951-877-4204 to speak to the most experienced defense lawyers.