San Diego Theft Attorney Provides Legal Answers, Q&A

Theft related legal questions answered in this Google Hangout by criminal defense attorney David P. Shapiro.

The category of Violent Crimes is very broad, and covers many different criminal actions which all share a component of violence.  These include crimes:

  • Causing bodily injury
  • Carried out with force
  • Carried out using the threat of force

Violence is prevalent in many criminal acts and, as such, many different crimes may be classified to be violent by the courts.  In the State of California violent crimes carry very severe penalties and punishments.  If you are found guilty these punishments can follow you for the rest of your life.  The large number of crimes classified to be violent, the unique circumstances of each case, and the severe penalties for those convicted require an intelligent, effective defense strategy only an experienced criminal defense attorney can provide.

What Crimes are Violent Crimes?

Assault/Simple Assault

The unlawful attempt to commit a forceful or violent act on another is, under California Penal Code 240, considered assault (sometimes also referred to as ‘simple assault’).  The threat of violence, even if unrealized, is enough to classify assault as a violent crime.  Assault charges may be modified to include the use of a firearm or other weapon, or upgraded to completed assault (battery).

Domestic Violence (DV)

Domestic violence refers to violence (or the threat of violence) between two members of a family, household, or intimate relationship.  Domestic violence covers more than physical abuse, extending to verbal, emotional, psychological, and/or sexual abuse.

Homicide (Murder & Manslaughter)

Due to the severity of homicides and their associated charges, homicide law in California is extremely complex.  While homicide generally refers to the killing of another human being, the category itself it divided into murder cases and manslaughter cases, each with their own subset of additional charges.  Homicide charges are filed as:

  1. Murder in the first degree (premeditated)
  2. Murder in the second degree (not premeditated)
  3. As felony murders (occurring during the commission of a crime)
  4. Manslaughter charges either voluntary, involuntary, or vehicular.

Homicides are some of the gravest offenses and carry severe penalties if convicted.


Kidnapping is a serious felony in the State of California.  If you are accused of transporting another person (adult or child) without their consent, under the threat or use of violence, you are facing very serious charges with very serious consequences.  A kidnapping conviction qualifies as a strike under California’s “Three Strikes Law”, and you may be subject to extended periods of confinement if convicted.  It is imperative you immediately retain a legal team experienced in defending against kidnapping charges the moment you have been accused of such an offense.


In California rape is broadly defined as sexual intercourse through force, intimidation, or fear.  Rape charges also apply to cases where a victim is unwilling to give consent, or is unable to due to their age (as a minor), intoxicants, or other factors.  Rape charges are taken very seriously by the police and the courts seeking justice on the alleged victim’s behalf.  If you have been accused of rape you need a quality, experienced, attorney fighting on your behalf.


Unlike a simple theft (where violence is not present) a robbery has, at a minimum, the potential for violence – even if that violence is unrealized.  A robbery involves the direct taking of property from an individual, or from their immediate presence, by using force (or threats of force) directed toward the individual or their loved ones.  Robbery is a “violent” strike felony in California and the presumption is those who are convicted of robbery go to state prison absent unique circumstances.  If you have been accused of robbery, or any type of violent crime, you need to contact not just any attorney, but a quality experienced criminal defense attorney to give your case and your future the best chance at success.

Defending Against Violent Crimes Charges

Due to the seriousness of the charges, the penalties associated with convictions of violent crimes are very severe.  Long-term confinement (up to and including life imprisonment), lengthy periods of probation or parole, large fines, and victim restitution are all possible outcomes if convicted.  The severity of your case demands you retain a top-tier defense team with the experience, knowledge, and pristine reputation to defend against such charges.  Contact the winning team at the Law Office of David P. Shapiro today at 619-295-3555 for your no cost, no obligation consultation, and take the first step toward a winning defense strategy.

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