Violent Crimes
At the Khashayar Law Group, our criminal defense attorneys deal with a wide range of criminal matters in Southern California, including representing people charged with committing crimes of violence ranging from simple assault to vehicular homicide to murder.
What is a Violent Crime?
Some "violent crimes" can be charged without the portrayal of any actual violence. For instance, assault is defined under California law as "an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another." Note that no actual violence need occur. You can be arrested solely on the suspicion that you were attempting to commit violence on another, whether you actually intended to or not.
A battery, on the other hand, is "any willful and unlawful use of force or violence upon the person of another." The penalty for battery is typically greater than assault because it involves the actual use of force or violence, but note that the law does not specify how much force constitutes a battery. There is no hard and fast rule as to what constitutes unlawful force, and what one "victim" decides to complain about or what one prosecutor decides to charge as battery can be subjective and differ depending upon the situation.
The California Penal Code is extensive, and many offenses may be charged as misdemeanors or felonies depending upon the circumstances involved, such as who the victim was, when and where the offense occurred, whether a weapon was involved, whether another crime was being committed, etc. Often times, the prosecutor has discretion over what charges to file. Where an acquittal at trial is not a viable option, we often work to have the charges lowered to a less serious offense, decreasing the possibility and severity of any negative consequences. However, every arrest and criminal charge should be taken seriously and vigorously defended; even a misdemeanor conviction can result in significant fines and jail time as punishment. And don't forget that most violent felonies count as strike offenses for the purposes of California's Three Strikes Law.
Some of the violent crimes we typically encounter in our practice include:
- Arson
- Assault
- Assault with a Deadly Weapon
- Burglary
- Carjacking
- Child Abuse
- Child Endangerment
- Criminally Negligent Homicide
- Domestic Violence
- False Imprisonment
- Street Gangs
- Kidnapping
- Manslaughter
- Murder
- Robbery
- Stalking
- Vehicle Assault
- Vehicle Homicide
- Violation of Protective Order
Sex Crimes
A related area of practice includes sex offenses such as the following:
- Indecent Exposure
- Rape
- Sexual Assault
- Sexual Assault on a Child
- Sexual Battery
- Sexual Exploitation of Children
- Child Molestation
- Internet Exploitation of a Child
- Internet and Computer-Based Sex Offenses
- Sex Offender Registration under Penal Code section 290
Allegations of sex crimes or violent crimes involving children can be particularly difficult to defend because of the emotional reaction the very mention of such crimes can arouse in a judge or jury. However, we will stand up for you in court and work to see that you are not unfairly represented or mischaracterized by the prosecution.
Leaving No Stone Unturned in Your Defense
Crimes of violence by their nature involve a victim who is often times pressing the complaint or testifying against the defendant. While this may seem to present a difficulty to the defense, there are often several defenses to an assault charge or other violent offense. Unless the police actually witnessed an altercation, there may be problems of misidentification, with the victim identifying the wrong person or the police arresting the wrong person. Witnesses themselves are often unreliable and may have been coached on what to say. Also, there may be a question as to who started a fight; an assault committed in self-defense or in defense of others may be justifiable and excusable under the law.
Innocent Until Proven Guilty
It is the prosecutor's job to prove that every element of the crime was committed by the defendant beyond a reasonable doubt to a unanimous jury. As your lawyer, we prepare and present every applicable defense to the prosecution's case. As a person accused of a crime, you are constitutionally presumed innocent unless you are proven guilty. If the state cannot meet its burden, you deserve to go free. This is a principle required by the Constitution, and one we strive to uphold in court every day. If you have been charged with violent crime in Los Angeles, San Diego, or anywhere in Southern California, contact the Khashayar Law Group for a free consultation.
