Violent crimes are perhaps the most serious charges requiring a dedicated defense lawyer with experience in violent crime cases. Leib Law has handled a variety of violent crime cases, including murder, attempted murder, felony resisting arrest, assault with a deadly weapon and assault and battery. Sentencing in these types of cases can range from probation to lengthy prison time. It is important to hire an experienced and dedicated attorney when handling such cases to ensure that your rights are protected and the best possible result is obtained in your case.
Leib Law has successfully represented clients in violent crime cases by either negotiating a favorable agreement for the client, winning a jury trial, or having the case dismissed as a result of a legal mistake by law enforcement, the prosecutor or even the court. Since violent crime cases usually involve injuries or serious conduct, the prosecution has only one job in mind — to convict an accused person and obtain the most severe sentence. Leib Law can protect your interest and has over a decade of experience in representing clients in high profile and complex cases where our lawyers have found a way to win and maximize the best results possible for our clients.
Criminal Definition of Robbery Under California Law
California Penal Code Section 211 defines robbery as the taking of another person’s property in their presence by use of “force or fear”. It is a significant felony offense in most instances carrying the possibility of sentences up to and including 25 years to life in prison. Degrees of robbery offenses (set forth in Cal. Penal Code Section 212.5) range from first degree (where the robbery occurs in a dwelling, trailer coach, floating home or portion of a building or at an ATM machine or from a driver of a car, bus or taxi) to second degree robbery (if the crime occurs anywhere else). Enhancements for robbery charges which add to these penalties include robberies involving the use of a firearm, car jacking, or other similar incidents. There are many potential defenses to a criminal charge of robbery but these depend upon the facts of the case and the skill of the defense lawyer.
Assault and Battery Charges in CA
A criminal assault is defined as an “unlawful attempt” coupled with a “present ability” to commit a violent injury upon another person (see CA Penal Code §240). A battery is the unlawful use of “force of violence” against another person (see CA Penal Code 242). Both of these crimes can be enhanced by many different scenarios including assault with a deadly weapon, assault or battery upon a police officer or custodial officer, batteries upon elder or dependent adults, assaults on taxi cab, bus or other drivers and many other instances. Serious bodily harm may also couple the crime of “mayhem” into the charges. Defenses to these type of criminal offenses are many and include justified self defense and defense of other people. The role of the criminal defense attorney is to ascertain all the facts in these cases and determine if a viable counterclaim exists.
Criminal Defense of Murder Charges in California
Murder is defined under California Penal Code 187 as the unlawful killing of a human being or fetus with “malice aforethought” (defined as either deliberate intent or when the circumstances surrounding the death show an “abandoned or malignant heart”). Felony murder charges come into play when a death occurs during the course of another violent crime such as robbery or assault. Murder charges are probably the most serious felony offenses that one can be charged with in the State of California and carry sentences all the up to and including life in prison or the death penalty. The role of a California criminal defense attorney in these cases is to flesh out defenses or circumstances that show that there was not either an intentional or malicious killing and to seek, at best, a dismissal or acquittal or, if not, to try to minimize the chances that the defendant will receive a lengthy prison sentence or be sentenced to death.
Read more about violence crime offenses in the following blog posts:
- Ferguson Case & California Law on Murder & Self-Defense
- Carjacking Charges in California
- Attempted Murder in California
- Road Rage in California: Reckless Driving to Assault with a Deadly Weapon
- Robbery Charges in California
- Murder or Self Defense?
- Assault & Battery Charges in California: The Kanye West Example
Importance of Hiring Competent Criminal Defense Legal Counsel to Defend Violent Crime Charges in CA
Violent crimes carry some of the heaviest potential for sentences that can put a defendant away for life or other serious prison time. It is crucial to hire a quality crime defense lawyer in California for any of these serious charges.