In California, many violent crimes are charged as felony offenses. Given the high stakes, it is imperative that victims know how to protect their rights and their interests. You are presumed innocent until proven guilty beyond a reasonable doubt. Still, you cannot rely on police or prosecutors to do what is best for you. A proactive approach is a must. Our Los Angeles criminal defense attorneys help defend against criminal charges in California, including assault charges, battery charges, and homicide charges.
The Prosecution Must Prove the Elements of the Specific Criminal Charge
There is no criminal charge in California that is called “violent crime.” Instead, violent crime is a broader term that covers a wide range of criminal charges. Some of them are quite serious. Others are extremely serious and could even carry the potential of life imprisonment.
For example, California law distinguishes assault from battery. Penal Code § 240 defines assault as an unlawful attempt, coupled with the present ability, to commit a violent injury against another person. Physical contact is not required. Battery under Penal Code § 242 requires a willful and unlawful use of force or violence upon another person. Even slight contact may qualify when it is harmful or offensive, but the prosecution must still prove that the touching was willful and legally unjustified. Prosecutors are required to prove the elements of the charge that was actually filed.
Assault and Battery Defenses Often Focus on Conduct, Knowledge, and Identity
An assault charge does not require proof that the defendant intended to injure the alleged victim. The prosecution generally must prove that the defendant willfully committed an act that, by its nature, would probably result in the application of force, knew facts that would lead a reasonable person to recognize that probable consequence, and had the present ability to apply force. A defense may challenge whether the defendant performed the alleged act, possessed the required knowledge, or had the immediate ability to use force. For example, an unloaded firearm may not establish present ability unless it could be used as a bludgeon or ammunition was immediately available.
Battery defenses may dispute whether contact occurred, whether it was accidental, or whether the defendant was correctly identified. Video, photographs, eyewitness accounts, DNA, fingerprints, medical evidence, and digital location information may conflict with the complaining witness’s account. Among other things, your lawyer can address identification flaws, expose any inconsistent statements, investigate the potential witness bias, and challenge whether prosecutors can distinguish the defendant’s conduct from that of other participants in a chaotic confrontation. If you or your loved one was arrested and charged with battery in California, an experienced Los Angeles criminal defense lawyer can help.
Aggravated Assault Charges and Enhancements Require Additional Proof
Aggravated assault is a more serious criminal charge in California. The key statute is Penal Code § 245. It covers assault with a deadly weapon, assault with a firearm, and assault by means of force likely to produce great bodily injury. The prosecution must prove more than the elements of simple assault. It must establish the alleged weapon or qualifying degree of force, as well as any victim-status or knowledge element applicable to the charged subdivision. Section 245 includes different sentencing ranges for firearms, semiautomatic firearms, assault weapons, and offenses against peace officers or firefighters performing official duties.
Your Los Angeles violent crimes defense lawyer can raise all relevant defense strategies that make sense in your specific situation. Along with other things, your attorney may argue that an object was not used in a manner capable of causing death or great bodily injury, that the force employed was not likely to produce significant injury, or that the defendant lacked knowledge of the alleged victim’s protected status.
Homicide Defense Requires Careful Analysis of Malice, Causation, and Lesser Offenses
Murder under Penal Code § 187 is an unlawful killing committed with malice aforethought. Depending on the prosecution’s theory, counsel may contest identity, causation, express or implied malice, premeditation, deliberation, or participation in an underlying felony. Medical and forensic issues may require independent pathology, toxicology, ballistics, DNA, or digital forensics experts, as well as accident reconstruction experts. A defense attorney can also seek suppression of unlawfully obtained statements or physical evidence and challenge unreliable expert methodology.
Even when the evidence supports an unlawful killing, it may not establish murder. Penal Code § 192 distinguishes voluntary manslaughter based on a sudden quarrel or heat of passion from involuntary and vehicular manslaughter. An actual but unreasonable belief in the need for deadly self-defense may negate malice and reduce murder to voluntary manslaughter, subject to important limitations.
Self-Defense and Defense of Others Can Justify the Use of Force
California recognizes self-defense and defense of another when the defendant actually and reasonably believed that there was an imminent danger of bodily injury, reasonably believed that immediate force was necessary, and used no more force than was reasonably necessary. Deadly force generally requires a reasonable belief in imminent danger of death or great bodily injury.
Note: Raising self-defense as a defense against a violent criminal charge is complicated. You should consult with an experienced Los Angeles criminal defense lawyer.
We Defend the Most Serious of Criminal Charges in Southern California
In California, violent criminal charges are taken very seriously. A conviction could lead to serious consequences, including prison time. The good news is that you are presumed innocent until proven guilty. The burden of proof is on the prosecution. At Grace Legal Group Inc, we are proactive, solutions-focused, and committed to protecting the rights of our clients. Your initial consultation with our Los Angeles violent crimes defense attorney is strictly confidential.
Contact Our Los Angeles Violent Crimes Defense Lawyer Today
At Grace Legal Group Inc, our Los Angeles criminal defense attorney handles felony violent criminal charges. If you or your loved one was arrested for assault, battery, homicide, or another violent criminal offense, we can help. Contact us today to set up your confidential consultation. From our Los Angeles office, we defend criminal charges throughout Southern California.