Violent crime is typically defined as crime involving either actual acts of violence or the threat of violence. It includes crimes in which violence is the intended goal, such as with murder and assault, or in which violence is used for another purpose, such as is the case with robbery and kidnapping for ransom (where the threat of violence is used for financial gain).
Some types of violent crime not already mentioned include rape, abuse, and threats. In 2023 in California, there were 503 incidents of violent crime per 100,000 residents, up 1.7% since 2022, and 15.4% compared to 2019. This increase in violent crime has led law enforcement to take an aggressive stance; unfortunately, this also means that low-level offenders and innocent people can find themselves in hot water without good cause.
Violent Crime Defense Attorney in San Diego
The Law Offices of Michael E. Cindrich has years of direct experience handling even the most serious violent crimes including aggravated assaults, violent sex crimes, and murder. A specialist in Criminal Law provides aggressive, skilled criminal defense for residents of San Diego County.
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against violent crime charges. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Defending Violent Crimes in California
- Types of Violent Crimes Under California Law
- Violent Offenders and Gun Ownership
- Additional Resources
- Hire a Defense Attorney for Violent Crimes in San Diego County
Types of Violent Crimes Under California Law
Assault – Assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code § 240 PC) Unlike battery, which is found in Penal Code § 242 PC, assault does not require that the defendant actually use force against a victim – even without actual contact, assault is committed by a mere attempt at injuring someone.
Assault with a Deadly Weapon – Under §245(a)(1) similarly requires proof only of an attempt to cause injury. The attempt must include the use of either a deadly weapon such as a knife or a gun or the use of another method of force that would be likely to cause great bodily injury. Assault with a deadly weapon does not require proof that an injury in fact occurred.
Car Jacking
Robbery – As defined by Penal Code § 211 PC, is “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” What separates robbery from other theft crimes is this use of “force or fear”.
Force is interpreted by California courts to mean physical force, and fear is assumed to mean the fear of injury to the victim, their family, their property, or someone nearby. A pickpocket, for example, who lightly touched a victim in order to remove their wallet would probably not be considered to have used sufficient force for the theft to be charged as a robbery. On the other hand, a thief who did not even touch the victim but instead threatened to hurt their family would meet the elements of robbery.
Other Violent Crimes
In addition to the above, the Law Offices of Michael E. Cindrich provide legal representation for those convicted of the following crimes:
- Hit and Run
- Vehicular Manslaughter
- Joyriding
- Driving without a License
- Exhibition of Speed
Violent Offenders and Gun Ownership
California law prohibits the possession of a firearm for 10 years for certain types of misdemeanor convictions that involve violence or a threat of violence. Under Penal Code § 29805, the list of more than 30 violent misdemeanor convictions that trigger a prohibition on the possession of a firearm includes the following offenses:
- stalking;
- assault with a deadly weapon;
- battery with serious bodily injury;
- brandishing a firearm or deadly weapon;
- assault with force likely to produce great bodily injury;
- battery on a peace officer;
- sexual battery; and
- threats of bodily injury or death;
- possession of prohibited ammunition; and
- various crimes involving misuse of a firearm.
Additional Resources
Crime Trends in California, Public Policy Institute of California – This site compiles various statistics related to violent crime statewide. Included is information about regional variations in violent crime rates across different parts of the state, the prevalence of common types of violent offenses, and data comparing changes in crime rates over time.
OpenJustice, California Department of Justice – The DOJ’s OpenJustice initiative provides open access to various law enforcement datasets. Raw, unfiltered data is available for researchers to analyze themselves, but the site also has specific content that already been filtered and compiled for public consumption. For example, try looking at the statistics for homicide or violent crimes against the elderly.
Hire a Defense Attorney for Violent Crimes in San Diego County, CA
Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against violent crime charges. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, and El Cajo.
Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.