Violent Crimes

Violent crimes in California are criminal offenses involving the use or threat of physical force against another person. These charges include assault, battery, robbery, domestic violence, weapons offenses, and other crimes where harm or threat of harm to victims is alleged. California law defines certain crimes as “violent felonies” under Penal Code 667.5(c), which includes murder, rape, robbery, kidnapping, and other serious offenses that carry enhanced penalties and count as “strikes” under California’s Three Strikes Law. Violent crime convictions result in the most severe consequences in the criminal justice system: lengthy prison sentences, strike allegations affecting future cases, mandatory minimum sentences, and lifetime consequences including loss of gun rights and difficulty obtaining employment.

These charges are prosecuted more aggressively than any other category of crime because they involve allegations of harm or threatened harm to victims. District attorneys assign their most experienced prosecutors to violent crime cases, seeking maximum sentences and rarely offering favorable plea agreements. Law enforcement dedicates significant resources to investigating violent crimes, and judges face public pressure to impose harsh sentences. The political reality is that prosecutors and judges who appear “soft” on violent crime face criticism, making these cases the most difficult to defend and negotiate. Even when evidence is weak or allegations are exaggerated, the serious nature of the charges means prosecutors often refuse to dismiss or substantially reduce charges.

Common circumstances leading to violent crime charges include mutual physical altercations where both parties were fighting but only one is charged, self-defense situations where defendants are arrested despite defending themselves, domestic disputes where allegations are exaggerated or fabricated during contentious relationships, bar fights where circumstances are unclear or witnesses provide conflicting accounts, situations where defendants never touched anyone but are charged with assault for threats or attempted contact, and cases where injuries are minor but prosecutors elevate charges based on circumstances. We’ve represented clients who acted in legitimate self-defense, clients falsely accused during domestic disputes, defendants charged for mutual combat where they weren’t the aggressors, and people accused based on exaggerated or fabricated allegations.

Types of Violent Crime Charges We Defend

We handle all violent crime charges in San Luis Obispo, Santa Maria, and Lompoc:

Assault and Battery Offenses

• Simple Assault (PC 240) – Attempting to commit a violent injury on someone, charged as a misdemeanor carrying up to 6 months jail, provable without actual physical contact if the defendant took direct steps toward violence and had the present ability to inflict injury.
• Simple Battery (PC 242) – Unlawful use of force or violence on another person, charged as a misdemeanor carrying up to 6 months jail for basic battery, elevated to 1 year jail maximum when victim is a peace officer, emergency personnel, or certain other protected classes.
• Assault with a Deadly Weapon (PC 245(a)(1)) – Assault committed with any object capable of causing serious injury or death including firearms, knives, bottles, vehicles, or even body parts when used in ways likely to cause great bodily injury, charged as felony carrying 2-4 years prison.
• Assault Causing Great Bodily Injury (PC 245(a)(4)) – Assault resulting in significant or substantial physical injury, charged as felony carrying 2-4 years prison, with “great bodily injury” requiring more than moderate harm but less than severe permanent damage.
• Battery Causing Serious Bodily Injury (PC 243(d)) – Battery resulting in serious injury, charged as misdemeanor (up to 1 year jail) or felony (2-4 years prison) depending on injury severity and circumstances, with “serious bodily injury” requiring substantial impairment or loss of function.

Robbery and Theft Through Force

• Robbery (PC 211) – Taking property from someone’s person or immediate presence through force or fear, classified as first degree (3-9 years prison) when occurring in inhabited dwellings or against ATM users, or second degree (2-5 years prison) for other robberies, always a strike offense.
• Carjacking (PC 215) – Taking a vehicle from someone’s immediate presence through force or fear, charged as felony carrying 3, 5, or 9 years state prison, with enhancements for weapon use or great bodily injury potentially adding 3-10 additional years.
• Attempted Robbery (PC 664/211) – Taking substantial steps toward committing robbery even if property isn’t ultimately taken, charged as felony carrying half the sentence of completed robbery, often negotiated as resolution in robbery cases.

Domestic Violence Charges

• Domestic Battery (PC 243(e)(1)) – Battery against an intimate partner including spouses, former spouses, cohabitants, dating partners, or parents of your children, charged as misdemeanor carrying up to 1 year jail and mandatory domestic violence classes.
• Corporal Injury to Spouse (PC 273.5) – Causing visible injury to an intimate partner, charged as misdemeanor (up to 1 year jail) or felony (2-4 years prison) depending on injury severity and criminal history, with mandatory protective orders and batterer’s programs.
• Criminal Threats (PC 422) – Threatening to seriously injure or kill someone causing them to fear for their safety, charged as misdemeanor (up to 1 year jail) or felony (16 months to 3 years prison), commonly charged in domestic violence situations alongside other offenses.

Weapons-Related Violent Crimes

• Assault with a Firearm (PC 245(a)(2)) – Assault committed with a firearm, charged as felony carrying 2-4 years prison, with enhanced penalties when assault is on peace officers (4-6 years) or when firearm is discharged.
• Brandishing a Weapon (PC 417) – Drawing or exhibiting a weapon in a threatening manner, charged as misdemeanor (30 days to 1 year jail) in most circumstances, elevated to felony when brandished in the presence of a peace officer.
• Felon in Possession of Firearm (PC 29800) – Convicted felons possessing, owning, or having firearms under their custody or control, charged as felony carrying 16 months to 3 years prison, with no requirement that defendant personally touched or carried the firearm.

Serious Violent Felonies

• Attempted Murder (PC 664/187) – Taking direct steps toward killing someone with intent to kill, charged as felony carrying 15 years to life in prison, with premeditation allegations potentially increasing sentences to life with possibility of parole.
• Voluntary Manslaughter (PC 192(a)) – Unlawful killing without malice aforethought, typically charged when murder is reduced due to provocation or heat of passion, carrying 3, 6, or 11 years state prison.
• Kidnapping (PC 207) – Moving someone a substantial distance using force or fear without their consent, charged as felony carrying 3, 5, or 8 years prison, with enhanced penalties for kidnapping for ransom, robbery, or carjacking (5 years to life).
• Mayhem (PC 203) – Unlawfully and maliciously disabling or disfiguring someone’s body part, including permanent disfigurement or loss of limb function, charged as felony carrying 2-8 years prison.

Gang-Related Enhancements

• Gang Enhancement (PC 186.22) – Sentence enhancement for crimes committed for the benefit of, at the direction of, or in association with criminal street gangs, adding 2-10 years to underlying sentences depending on the underlying offense.
• Criminal Street Gang Participation (PC 186.22(a)) – Active participation in a criminal street gang with knowledge that gang members engage in criminal activity, charged as felony or misdemeanor, often added to violent crime charges.

Additional Violent Crime Offenses

• Elder Abuse (PC 368) – Physical abuse of persons 65 or older or dependent adults, charged as misdemeanor (up to 1 year jail) or felony (2-4 years prison), with enhanced penalties when causing great bodily injury or death.
• Child Abuse (PC 273a) – Willfully causing or permitting a child to suffer unjustifiable physical pain or mental suffering, charged as misdemeanor (up to 1 year jail) or felony (2-6 years prison) depending on circumstances and risk of harm.
• Hazing Causing Injury (PC 245.6) – Engaging in hazing that causes serious bodily injury or death, charged as misdemeanor (up to 1 year jail) or felony (16 months to 3 years prison), prosecuted in university settings and fraternity contexts.

This list represents violent crime charges we defend, but we handle all allegations involving force or threats. If you’re facing charges not listed here, or you’re unsure exactly what you’ve been charged with, we can help. Violent crime cases involve critical questions about self-defense, mutual combat, intent, and whether force was justified.

Call us at (805) 621-7181 to discuss your specific charges confidentially.

Consequences of Violent Crime Convictions

Violent crime convictions result in the most severe consequences in California’s criminal justice system:

• Lengthy prison sentences – Assault with deadly weapon: 2-4 years; Robbery: 2-9 years; Carjacking: 3-9 years; Attempted murder: 15 years to life; with sentences served at 85% minimum for violent felonies (no half-time credits)
• Three Strikes consequences – Most violent felonies count as strikes under California’s Three Strikes Law, meaning a second strike doubles the sentence for any subsequent felony, and a third strike results in 25 years to life regardless of the third offense
• Lifetime gun prohibition – All felony convictions prohibit firearm ownership for life under federal and state law, with violent crime convictions creating absolute bars to gun rights restoration
• Custody credits limitations – Violent felonies earn only 15% good time credits (serve 85% minimum) versus 50% for non-violent crimes, meaning significantly longer actual custody time
• Parole or lifetime supervision – Violent felony convictions typically result in 3-5 years parole supervision upon prison release, with conditions including GPS monitoring, search and seizure waivers, and strict reporting requirements
• Immigration deportation – All violent crimes are deportable offenses for non-citizens with no relief available, resulting in mandatory ICE detention following conviction and permanent bars to reentry
• Professional license loss – Violent crime convictions result in automatic license revocation or denial for most professional licenses including healthcare, education, law, real estate, and any profession requiring background clearance
• Employment barriers – Violent crime convictions disqualify applicants from most employment, with background checks revealing convictions and employers routinely rejecting applicants with violence in their history
• Housing discrimination – Landlords deny housing to those with violent crime convictions, public housing is unavailable, and many private landlords have blanket policies against violent offenders
• Civil liability – Violent crime convictions create presumptions in civil lawsuits, making defendants liable for compensatory and punitive damages in personal injury cases
• Protective orders – Domestic violence and violent crime convictions often result in restraining orders prohibiting contact with victims, affecting custody, living arrangements, and daily activities
• Permanent criminal record that cannot be expunged or sealed for most violent felonies, appearing on all background checks and affecting every aspect of life including employment, housing, professional licenses, and international travel

Why You Need an Attorney for Violent Crime Charges

The Stakes Are Maximum

Violent crime convictions carry the longest prison sentences, count as strikes under Three Strikes, prohibit gun ownership for life, and create records that follow you permanently. These aren’t cases where probation is likely or where consequences are minimal. Prison time is presumed for violent felonies, and judges face public pressure to impose harsh sentences. One trial that lasts a week can determine whether you spend the next decade in prison or walk free. Having an attorney who understands violent crime defense, knows how to challenge evidence, and can present self-defense or other justifications effectively isn’t optional—it’s essential to having any chance at favorable outcomes.

Self-Defense and Justification Are Complex

Many violent crime prosecutions involve situations where defendants were defending themselves, defending others, or responding to threats. California law allows reasonable force in self-defense, but prosecutors often charge defendants even when self-defense is obvious. Proving self-defense requires establishing that you reasonably believed you were in imminent danger, that you used no more force than necessary, and that you weren’t the initial aggressor. We investigate thoroughly to establish self-defense, gather witness testimony supporting your version, obtain evidence of threats or prior violence by alleged victims, and present self-defense theories that resonate with juries who understand that people have the right to protect themselves.

Witness Credibility Often Determines Outcomes

Violent crime cases frequently come down to credibility: whose version of events is more believable. Alleged victims may exaggerate injuries, fabricate threats, or lie about who was the aggressor. Witnesses may have biases, poor vantage points, or motivations to lie. Police reports often reflect only one side of the story. Effective cross-examination exposes inconsistencies in prosecution witnesses’ testimony, reveals biases or motivations to fabricate, demonstrates that alleged victims were aggressors or mutual combatants, and establishes that physical evidence contradicts their claims. We’ve won violent crime cases primarily through devastating cross-examination that revealed the truth.

Experience Matters

We’ve defended violent crime cases in San Luis Obispo, Santa Maria, and Lompoc courts for over 15 years. We know which judges are receptive to self-defense arguments and which require overwhelming evidence. We know specialized violent crime prosecutors, their tactics, and their weaknesses. We understand forensic evidence in violent crime cases including injury documentation, blood spatter, and trajectory analysis. We know how to select juries in violent crime cases where jurors bring preconceptions and emotional reactions. That experience informs every strategic decision from bail motions through trial and sentencing.

How Central Coast Criminal Defense Can Help

Helping clients in San Luis Obispo, Santa Maria, and Lompoc defend against violent crime charges since 2010, we provide:

• Comprehensive Case Investigation – We obtain all police reports, witness statements, and physical evidence immediately, retain investigators to interview witnesses and gather evidence prosecutors ignore, obtain medical records and injury documentation that may contradict allegations, document the scene through photographs and measurements, and investigate alleged victims’ backgrounds when relevant to credibility or self-defense claims.
• Self-Defense and Justification Strategies – We develop comprehensive self-defense theories supported by evidence and witness testimony, demonstrate that you reasonably believed you faced imminent danger, establish that alleged victims were aggressors or mutual combatants, present evidence of prior threats or violence by alleged victims justifying your fear, and argue that force used was reasonable and proportionate to threats faced.
• Aggressive Cross-Examination – We challenge prosecution witnesses through effective cross-examination that exposes inconsistencies, biases, and fabrications, demonstrate that alleged victims have motivations to lie or exaggerate, establish that physical evidence contradicts prosecution theories, and present alternative explanations for injuries or circumstances that support defense theories.
• Strategic Negotiation When Appropriate – We negotiate with prosecutors to reduce charges when evidence is weak or defenses are strong, present mitigating circumstances including self-defense elements even when not complete defenses, pursue reductions from violent felonies to non-violent offenses avoiding strike consequences, and advocate for probation rather than prison when circumstances justify leniency.
• Personal Attention Through Crisis – You work directly with experienced trial attorneys who understand violent crime charges create immediate custody, bail issues, and potential for lengthy prison sentences, and we’re available to answer questions, explain court proceedings, and support you through the most serious charges you’ll ever face.

We understand that people facing violent crime charges often acted in self-defense, were mutual combatants where both parties were fighting, are falsely accused by people with motivations to lie, or made terrible mistakes in moments of anger or fear. We’ve represented clients who defended themselves from attackers, clients falsely accused during domestic disputes, defendants charged for mutual combat where they were defending themselves, and people whose actions were mischaracterized or exaggerated beyond recognition.

Our approach focuses on truth, evidence, and protecting your freedom. What actually happened versus what’s alleged? Were you defending yourself or others? Is the alleged victim credible or motivated to fabricate? Does physical evidence support or contradict the prosecution’s theory? We investigate thoroughly, challenge aggressively, and fight to prevent convictions based on false allegations, exaggerations, or situations where self-defense justified your actions.

Violent crime charges can be defended. We’ve won acquittals at trial, secured dismissals, negotiated significant charge reductions, and achieved outcomes that avoided prison and strike convictions. Whether you’re facing assault, robbery, domestic violence, or weapons charges, whether allegations are completely false or involve legitimate self-defense, we’re here to provide the aggressive representation serious charges require.

Don’t Wait—Call Us Today

Violent crime cases require immediate attention, particularly when you’re in custody, bail has been set, or preliminary hearings are approaching. Early investigation preserves evidence, identifies witnesses, and positions your case for the best possible outcome.

We’ll review the allegations, explain the charges and potential consequences, discuss defenses including self-defense, and develop a comprehensive strategy to fight these serious charges.

These charges threaten your freedom. Let us provide the defense you need.