What Offenses are Classified as Violent in California?
The term ‘violent crime’ is thrown around fairly often and many people think it simply means any crime involving physical aggressiveness. In California, however, the term is much more precise. The law in California outlines a specific list of crimes that are classified as violent. The designation of a ‘violent offense’ is one of the most serious a person can face, as it significantly increases the consequences a person will face and it triggers harsh sentencing laws such as the “Three Strikes” law. Below, our San Diego violent offenses lawyer outlines the offenses listed in the law and how to protect your rights.
Violent Offenses Listed in the California Penal Code
The California Penal Code provides a list of very specific felony offenses that are considered violent in the state. Regardless of the circumstances involved, if an offense is on the list it is considered a violent felony, even if the average person would not think violence was involved. The specific definition is central to the manner in which these cases are prosecuted and as such, defended. The list includes the following offenses:
- Murder and manslaughter: Murder and manslaughter are both offenses that refer to the unlawful taking of another person’s life. The difference depends on whether the killing was intentional.
- Robbery: This offense is defined as taking property from someone else using fear or force.
- Kidnapping: Kidnapping involves taking a person a significant distance from the place they were without their consent.
- Great bodily injury enhancement: Any felony that results in great bodily injury to another person is considered a violent offense.
- Extortion: Extortion occurs when a person uses threats to illegally obtain property or money from another person.
- Forcible sex crimes: When a criminal offense involves forcible sex, such as sodomy by force or rape, it is considered a violent offense.
The law in California is not ambiguous. The crimes considered violent offenses are specifically outlined and dictate the trajectory of a person’s case when they have been accused.
What is the Three Strikes Law?
The designation of a ‘violent offense’ in California is very important, as any violent crime outlined on the list will trigger the “Three Strikes” law. This law increases the severity of sentences for those charged with new felonies if they have previous convictions. The sentences are as follows:
- The first strike: The first violent offense resulting in a conviction only incurs the actual sentence for the crime. However, it does result in the first ‘strike’ on a person’s record.
- The second strike: A conviction for a second felony offense after a first strike, even if it is deemed non-violent, will automatically double the sentence.
- The third strike: When a person already has two strikes on their record and they are convicted of another violent offense, they will face between 25 years to life in state prison.
Our Violent Offenses Lawyer in San Diego Can Help After Charges
If you or someone you love has been charged with a violent offense, it is critical that you have a strong defense to avoid a conviction and a first or subsequent strike. At Anthony Z. Vargas, Esq., our San Diego violent offenses lawyer can prepare the defense you need to protect your future and avoid the harsh penalties. Call us now at 858-285-4595 or contact us online to schedule a consultation and to learn more about how we can help.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=667.5.&lawCode=PEN
