Criminal Defense Attorneys Defending Individuals Accused Of Any Type Of Violent Crime Case
A violent crime charge in Los Angeles County is one of the most serious offenses an individual can face. These types of crimes are typically thoroughly investigated by police who often have specialized units within their department dedicated solely to investigating the case and making arrest.
Therefore, if you are under criminal investigation for any type of violent offense, you should contact an experienced Los Angeles violent crime defense attorney at our law firm immediately.
At Eisner Gorin LLP, our defense lawyers have extensive experience on both sides of the aisle. Our law firm partner, Dmitry Gorin, worked in the Los Angeles County District Attorney's office, giving him unique insight on how police detectives investigates violent crimes and how the prosecutor will attempt to build a criminal case against a defendant and the most common defenses. If you have been denied a right to a speedy trial, then your criminal lawyer can file a motion asking the court to dismiss your charges. This is known as “Serna motion,” which is a motion to dismiss a misdemeanor or felony case due to a speedy trial violation.
This experience, as well over six decades of combined experience in criminal defense law make our lawyers well-equipped to handle any type of violent crime case in Los Angeles. Our attorneys have successfully represented individuals accused of a violent crime case, including assault and battery, aggravated assault, assault with a deadly weapon, assault on a public official, murder and homicide, brandishing a weapon, kidnapping, false imprisonment of hostage, attempted murder, armed robbery, sexual battery, rape, crimes against children, weapon offenses, vehicular manslaughter, voluntary manslaughter, domestic violence and more.
We can help you decide whether to accept a plea bargain in your case. We can help you with a bail reduction motion or determine if you are eligible for a Mental Health Diversion in California criminal cases. We have extensive experience representing clients at the sentencing hearing. Arrested in another state with an active Los Angeles County violent crime warrant? See related information: California Extradition Laws.
Police Detective Rush to Judgment
Unfortunately, in many violent crime cases, overwhelmed Los Angeles police detectives rush to solve the alleged offense and do not conduct a thorough investigation. A police detective has a goal to clear their case as quickly as possible in order to move on to the next investigation.
This can lead to an overly charged criminal case by the prosecutor or an innocent person being convicted of a violent crime. Furthermore, when one is accused of a violent crime, it might be possibly due to a mistaken identification, untruthful witnesses, fabricated evidence, or any other number of factors, which might unfavorably affect one's case. See related information: Accessory After the Fact Laws in California.
If you are currently under criminal investigation or have been charged with a violent crime, the single most important thing you can do at this time is to retain a professional Los Angeles violent crime defense attorney who will be dedicated to your case and who has the right experience. See related: California Serious and Violent Felony Offenses.
At Eisner Gorin LLP, our team of qualified criminal defense attorneys in Los Angeles will aggressively investigate the facts surrounding your case in order to build an effective defense strategy. You need an experienced attorney who has been fighting for clients for years in the Los Angeles County court system.
Our criminal defense law firm has over 60 combined years in the legal industry, and well-equipped to handle any and every type of violent crime charge.See related: California Self-Defense Laws. The most common violent crime cases in Los Angeles include the following:
Kidnapping - California Penal Code 207
The prosecution needs to be able to prove each and every one of the elements of a violent offense beyond a reasonable doubt in order for you to be convicted at trial. If the prosecution cannot prove even just one element beyond a reasonable doubt, the jury is required by law to find a not guilty verdict. It is for this reason that an understanding of all of the elements of an offense is critical to preparing a defense for your case.
For the crime of kidnapping in Los Angeles, the elements are: (1) You moved someone by using force or fear; AND (2) The person did not willingly consent to the movement; AND (3) The movement was of a substantial distance.
A kidnapping can occur when someone puts a gun to someone else's head, orders them into the car, and drives them to a different location. A kidnapping case can also occur by physically grabbing someone against their will and transporting them to a different location. You should consult with a Los Angeles violent crime defense lawyer for more information about your case.
Kidnapping is a felony offense with a maximum penalty of eight years in a California state prison. If the victim is under the age of 14, however, the maximum penalty goes up to eleven years. California Penal Code 209.5 is the statute defining kidnapping during a carjacking, which is a form of aggravated kidnapping.
Available challenges by an experienced Los Angeles violent crime defense attorney will always depend on the specific facts and evidence of the case. The primary arguments in a kidnapping case by an attorney are either that the police arrested the wrong person or that the alleged victim actually consented to being transported.
Attempted Murder - California Penal Code 664
For the crime of attempted murder in Los Angeles, the elements are: (1) You performed some action towards killing someone that did not result in that person's death; AND (2) You had the mental state of malice aforethought, meaning that you had the specific intent to unlawfully kill someone.
A common example of attempted murder occurs when one person shoots at another person or stabs another person but that person survives. See related: Attempt Crimes in California. The penalty for attempted murder can be up to life in a California state prison.
There are several possible challenges that may be used by an experienced Los Angeles criminal defense attorney. The facts of the case and the prosecution's evidence need to be carefully analyzed by a violent crime defense lawyer for any factual inconsistencies as to what actually happened or who actually committed the offense.
The evidence also needs to be evaluated by an attorney to determine whether there is enough evidence to support the “malice aforethought” state of mind that is required. A skilled violent crime criminal lawyer can argue that as a result of being under the influence of alcohol or drugs, the malice aforethought state of mind was not present. An attorney can also argue that the act was actually an act of self-defense.
Murder - California Penal Code 187
For the crime of murder in Los Angeles County, the elements are:
(1) A person was killed; AND (2) The killing was unlawful; AND (3) You had the mental state of malice aforethought, meaning that you had the specific intent to unlawfully kill someone.
Murder is divided into both first degree and second degree murder. For first degree murder, it must be proven that the murder was premeditated and intentional. For second degree murder, it only must be proven that the murder was intentional. See related: California's 10-20-Life Gun Sentencing Enhancement. Consult with a Los Angeles violent crime defense lawyer at our law firm for more information about your case.
There is also what is known as the felony murder rule, which states that if someone dies while you are committing certain felonies, even if the person who died was someone you were committing the crime with, you can be charged with a murder case.
Additionally, if you kill someone while driving in an intoxicated state, and were previously warned that you could be charged with second degree murder if you kill someone while driving in an intoxicated state.
A murder case in Los Angeles County can take a variety of forms. A first degree murder can occur when someone plans to kill a person, goes to their house at night, and shoots them.
A second degree murder can occur when someone, while having an angry verbal argument with someone, suddenly pulls out a gun and shoots them. In that second case, the person did not premeditate to kill the decedent, but the person still intentionally killed the decedent. The penalty for murder can be up to life in a California state prison or the death penalty. See related: What Defines a Crime of “Moral Turpitude” Under California Law?
The common legal defenses to a murder case that can be used by an experienced Los Angeles violent crime defense attorney are as varied as the ways in which a murder can be committed. One primary category of defenses by a criminal attorney is to argue the police arrested the wrong person.
This would involve reviewing eyewitness testimony, and photographs or surveillance footage, any physical evidence, and hiring an investigator to conduct a separate investigation. Another category of legal defenses by a violent crime defense lawyer is to argue that you did not have the mental state of “malice aforethought” which is required for a murder.
It is also possible, if you were in a highly intoxicated state, to argue that you lacked the capacity to form the mental state of “malice aforethought.” See related: California Senate Bill 1437 - Petition for a Reduced Sentence Under New Felony Murder Law.
Assault with a Deadly Weapon - California PC 245
For the crime of assault with a deadly weapon in Los Angeles, the elements are: (1) You purposefully performed an action that would likely cause another person to feel a physical impact; AND (2) You knew that your performing this action would likely cause another person to feel a physical impact; AND (3) You actually had the ability to successfully cause that other person to feel a physical impact; AND (4) You either used a deadly weapon OR used sufficient force to cause great bodily injury.
It is important to note that you do not actually need to make physical impact with the other person; it is enough that you performed an action that would likely cause the physical impact. Consult with a Los Angeles violent crime lawyer at our law firm to review the specific details of your case.
One example of an assault with a deadly weapon would be firing a gun at someone. An example of an assault with force likely to produce great bodily injury would be repeatedly punching and kicking someone.
Assault with a deadly weapon can be charged as either a misdemeanor or felony case. If you are convicted of misdemeanor assault with a deadly weapon, you can be sentenced up to a year in county jail and up to a $10,000 fine. If you are convicted of felony assault with a deadly weapon, you can be sentenced up to four years in state prison and up to a $10,000 fine.
Use of a machine gun or rifle for assault with a deadly weapon is always a felony and can result in a punishment of up to 12 years in State prison. Use of a semiautomatic firearm is always a felony and can result in a punishment of up to 9 years in State prison. Penalties are also increased if the victim of the assault was a peace officer.
The facts of the case and the prosecution's evidence need to be carefully analyzed by an experienced Los Angeles violent crime defense attorney for any factual inconsistencies as to what actually happened or who actually committed the offense. A skilled defense lawyer can also argue that the act was actually an act of self-defense or that the act was accidental. See related information: Reduce a Felony Conviction to Misdemeanor.
Assault - California Penal Code 240
For the crime of assault in Los Angeles, the elements are: (1) You purposefully performed an action that would likely cause another person to feel a physical impact; AND (2) You knew that your performing this action would likely cause another person to feel a physical impact; AND (3) You actually had the ability to successfully cause that other person to feel a physical impact.
It is important to note that you do not actually need to make physical impact with the other person; it is enough that you performed an action that would likely cause the physical impact. Consult with a Los Angeles violent crime lawyer for more information about your case.
One example of an assault would be throwing a punch at someone but missing. Another example of an assault would be throwing a chair at someone but missing.
Related Criminal Assault Cases
Related assault cases are cases that can sometimes be charged together or sometimes charged instead of one another. For the crime of assault, related offenses are: California Penal Code Section 192(a): Voluntary Manslaughter California Penal Code Section 192(a ): Involuntary Manslaughter California Penal Code 203 and 205: Mayhem and Aggravated Mayhem California Penal Code 206: Torture California Penal Code 241: Assault on a peace officer California Penal Code 242: Battery California Penal Code 243(d): Battery Causing Serious Bodily Injury California Penal Code 243(e): Battery Against a Spouse California Penal Code 244: Assault with Caustic Chemicals California Penal Code 245: Assault with a Deadly Weapon California Penal Code 245(a)(2): Assault with a Firearm California Penal Code 245 (a)(4): Assault Likely to Produce Great Bodily Injury California Penal Code 246: Shooting at an Inhabited Dwelling California Penal Code 417: Brandishing a Weapon or Firearm California Penal Code 26100: Discharging a Firearm from Motor Vehicle
If convicted of an assault criminal offense, you can be sentenced up to six months in county jail, or up to $1,000 fine, or both. The facts of the case and the prosecution's evidence need to be carefully analyzed by an experienced Los Angeles criminal defense attorney for any factual inconsistencies as to what actually happened or who actually committed the offense. It can also be argued by a defense lawyer that the act was actually an act of self-defense or that the act was accidental.
Battery - California Penal Code 242
For the crime of battery in Los Angeles, the elements are: (1) Unlawful and willful (2) Application of force or violence (3) Upon the person of another
The touching, contact, or force can be accomplished indirectly by causing an object, or someone else, to touch the other person. The main difference between assault and battery, which gets commonly confused is that assault is essentially an attempt to injure another person, whereas battery is the unlawful use of force or violence upon another person.
Furthermore, an assault does not require any physical contact or injury, whereas a battery requires some type of physical contact regardless of how slight. You need to consult with a Los Angeles violent crime defense attorney to review the specific details of your violent crime case.
Battery on a Peace Officer - California Penal Code 243
A peace officer is broadly defined and may be anyone, including but not limited to any of the following, custodial officers, firefighters, emergency medical technicians (EMTs) or paramedics, process servers, employees of a probation department, or doctors and nurses providing emergency medical care.
Generally, battery on a peace officer case is a misdemeanor in Los Angeles. However, if you cause injury in the course of battering a peace officer, you could be charged with a misdemeanor or felony violent crime
In order to prove battery on a peace officer in Los Angeles County, the prosecution must prove the following elements beyond reasonable doubt: (1) Willfully and unlawfully touched a peace officer in a harmful or offensive manner; (2) When you acted, the victim was a peace officer and was performing the duties of a peace officer; AND (3) You knew or reasonably should have known, that the victim was a peace officer who was performing his or her duties; and (4) The victim suffered injury that required medical treatment as a result of the force used
If convicted of misdemeanor battery against a peace officer, you face up to 364 days in county jail, a $2,000 fine, or both. Felony battery against a peace officer carries a sentence of up 16 months or two or three years in county jail, a $10,000 fine, or both. If you have been accused of battery on a police officer, you should immediately consult with a Los Angeles criminal defense lawyer at our law firm immediately.
Other Violent Crime Cases in Los Angeles
Reckless Arson - California Penal Code Section 452 - To prove reckless arson, the prosecution must prove the defendant set fire to or burned (or assisted in burning) a structure, forest land or property and the defendant did so recklessly. A person acts recklessly when they are aware of that their actions present a substantial and unjustifiable risk of causing a fire, they ignore that risk, and ignoring the risk is a gross departure from what a reasonable person would have done in the same situation.
Malicious Arson - California Penal Code Section 451 - To prove malicious arson, the prosecutor must prove the defendant set fire to or burned (or helped someone) a structure, forest land or other property and they acted willfully and maliciously. Someone acts willfully when they perform the act willingly or on purpose. Someone acts maliciously when they intentionally do a wrongful act or when they act the unlawful intent to defraud, annoy or injure another person.
Criminal Threats - California Penal Code Section 422 - If you willfully communicate a criminal threat to another person that would result in great bodily injury or death, you can be prosecuted for making what is known as a “criminal threat.”
Call a Los Angeles Violent Crime Defense Lawyer
Even in the direst of the situations, when one feels like there is no way out after being charged with any of the above-listed violent crimes, the experienced Los Angeles criminal defense attorneys at Eisner Gorin LLP will carefully examine each set of facts and determine whether there are special mitigating circumstances and/or any of the defenses, which may be readily available to the defendant.
The defense lawyers at our law firm have a track record of success defending clients against any type of violent crime case. Call our attorneys, 24/7, at (877) 781-1570 for a free immediate response.