VIOLENT CRIMES

VIOLENT CRIME DEFENSE L AWYER IN MODESTO

The Right Defense Starts with the Right Lawyer

In Modesto, violent crimes encompass a range of offenses, including assault, robbery, and homicide. Each of these crimes carries different legal implications and potential penalties under California state law. 

At Law Offices of Richard A. Meyer, we are well-versed in the local court procedures and legal nuances that can impact your case.

Each violent crime is unique, requiring a deep understanding of local legal precedents and the ability to anticipate prosecutorial tactics. Our team is adept at analyzing all elements of a case, ensuring we leave no stone unturned in building the strongest possible defense for our clients.

Speak with a proven violent crime defense lawyer in Modesto now. Call (209) 529-1112 or message us online to book your free legal consultation.

Understanding Violent Crime Charges in California

In California, violent crimes encompass a broad range of offenses that involve causing harm or the threat of harm to another person. These crimes are primarily defined within the California Penal Code and are classified into various degrees, with penalties escalating based on the level of harm inflicted, the intent of the perpetrator, the use of a weapon, and the status of the alleged victim.

California Penal Code Section 667.5(c) specifically lists “violent felonies” that count as strikes under the state’s “Three Strikes” law, indicating their extreme severity. 

Here are some of the primary classifications of violent crimes in California:

• Murder (California Penal Code § 187 PC)
• Voluntary Manslaughter (California Penal Code § 192(a) PC)
• Attempted Murder (California Penal Code § 664/187 PC)
• Robbery (California Penal Code § 211 PC)
• Assault with a Deadly Weapon (ADW) (California Penal Code § 245(a)(1) PC)
• Assault with Intent to Commit a Felony (California Penal Code § 220 PC)
• Kidnapping (California Penal Code § 207 PC)
• Carjacking (California Penal Code § 215 PC)
• Arson (California Penal Code § 451 PC)
• Domestic Battery (California Penal Code § 243(e)(1) PC)

A comprehensive violent crime defense lawyer in Modesto will meticulously explain these complex legal definitions.

Penalties for Violent Crime Convictions in California

A conviction for a violent crime in California carries some of the most severe penalties in the state’s criminal justice system. The consequences are designed to be extremely punitive and often involve mandatory prison sentences, especially under the “Three Strikes” law.

General Felony Sentencing Ranges:

• Felony (non-violent, non-strike): Can range from 16 months to several years in county jail or state prison.
• “Strike” Felony (e.g., Robbery, Aggravated Assault): These carry specific prison terms (e.g., 2, 3, 5 years for second-degree robbery) but are subject to doubling or 25-years-to-life under “Three Strikes.”

Specific Enhancements:

In addition to the base penalties for the crime, various “enhancements” can dramatically increase a sentence:

• Great Bodily Injury (GBI) (California Penal Code § 12022.7 PC): If the defendant personally inflicted great bodily injury on the victim. This can add 3 to 6 years to a sentence.
• Use of a Firearm (California Penal Code § 12022.5 PC): If a firearm was personally used in the commission of a felony. This can add 3, 4, or 10 years to a sentence. If a firearm was discharged, it can add 10 or 20 years, or 25 years to life if GBI or death resulted.
• Use of a Deadly Weapon (California Penal Code § 12022(b)(1) PC): If any deadly or dangerous weapon (other than a firearm) was used. This can add 1 year to a sentence.
• Prior “Strike” Convictions: As explained with the “Three Strikes” law, these massively increase sentences.
• Prior Prison Terms: Can add 1 year for each prior prison term.
• Gang Enhancements (California Penal Code § 186.22 PC): If the crime was committed for the benefit of, at the direction of, or in association with any criminal street gang. This can add 2, 3, 4, 5, 10, or 15 years to a sentence, or even life.

Collateral Consequences of a Violent Crime Conviction:

Beyond direct legal penalties, a violent crime felony conviction carries pervasive, life-long collateral consequences:

• Permanent Criminal Record: A felony conviction will remain on your criminal record permanently, severely impacting future employment, housing, and educational opportunities.
• Loss of Civil Rights: This includes the loss of your right to vote (while incarcerated or on parole), hold public office, and permanently lose the right to possess firearms.
• Professional Licensing: Suspension or permanent revocation of professional licenses (e.g., medical, legal, teaching, commercial driving).
• Immigration Consequences: For non-citizens, a violent felony conviction is almost always considered an “aggravated felony” or a “crime involving moral turpitude,” leading to mandatory deportation or denial of immigration benefits, with very limited avenues for relief. Your Modesto violent crimes attorney will be keenly aware of these severe immigration implications.
• Social Stigma: The heavy social stigma associated with a violent felony conviction can impact personal relationships and community standing for life.
• Parole/Post-Release Supervision: Upon release from prison, individuals are typically subject to strict parole or post-release supervision conditions, which can include electronic monitoring, curfews, mandatory counseling, and severe restrictions. Violations can lead to re-incarceration.
• Victim Restitution: You may be ordered to pay substantial restitution to the victim for medical expenses, lost wages, and other damages.
• No-Contact Orders/Protection Orders: Courts often issue permanent no-contact orders preventing contact with the alleged victim, which can impact family dynamics.

The profound and escalating nature of these penalties underscores why immediate engagement with a highly experienced violent crime defense lawyer in Modesto is not merely a preference, but an absolute necessity to protect your future.