What crimes are considered Violent?
Under Section 240 of the California Penal Code, you can be charged with assault if you make an unlawful attempt to commit a violent or forceful act upon another individual with the potential to cause harm or injury.
In the State of California, rape is a very broadly defined crime but generally refers to sexual intercourse accomplished through force, violence, or some form of fraud where the victim did not consent to the sexual act. Rape charges can be filed in spousal rape and statutory rape cases as well. All forms of rape carry substantial punishments in California and may result in you having to register as a sex offender for life.
Assault with a Deadly Weapon
Under California Penal Code Section 245, if you commit an assault on another person with a deadly weapon other than a firearm (for example a knife, club, or even an automobile), or if you used any means of force likely to produce a great bodily injury, you can be charged with assault with a deadly weapon.
Also referred to as “DV” cases, domestic violence cases generally are crimes where people who are married, dating, or engaged commit a violent act against their significant other. Domestic violence can manifest in the form of physical, verbal, emotional, and/or sexual abuse.
Homicide (Murder and Manslaughter)
The laws governing homicides in California are extremely detailed and complex. Generally speaking, a homicide is any unlawful killing of a human being with malice or forethought. Homicides are broken down into two categories, murder and manslaughter, each with their own subcategories. Homicide charges can be filed in cases of murder in the first or second degree, felony murders, or in cases of voluntary, involuntary, or vehicular manslaughter. Murder is the most serious of crimes and the punishments can be extremely severe. For more information on homicide defense please click here.
A robbery is the taking of property belonging to another individual directly from their person or from their immediate presence, against their will, with the use of threats or physical force against the individual or their immediate family members. Robbery is different from theft in the fact that it involves violence, or has the potential for violence.
If you move another person without their consent using threats or violence, you may be charged with kidnapping under California Penal Code Sections 207-209. Kidnapping is a serious felony and will count as a strike under California’s “Three Strikes Law”. It is important to contact an experienced kidnapping defense attorney right away if you have been charged with kidnapping in San Diego. Often, successful defenses can be presented that prove that the supposed victim did indeed consent, the victim wasn’t moved far enough to qualify as a kidnapping, or that a custodial right to move that person existed.