California Violent Crimes Attorneys
Do You Need a Violent Crimes Attorney in California?
A violent crime or a “violent felony” in California, as described under Penal Code 667.5(c), carries additional consequences for a conviction, such as prison term enhancements, as well as a strike on your criminal record. Facing criminal charges for a violent crime in California is a tough ordeal for anyone—especially for the average person without legal help. The charges and the process are continuous sources of questions and confusion, which could baffle anyone. Thus, if you have been charged with a violent crime, you need to speak to a violent crimes attorney right away.
Our violent crimes defense attorneys have over 40 years of experience in defending clients facing all types of violent crimes. We can help you, too. Below we analyze the more common types of violent crimes, and we discuss what you need to know about your possible legal defenses. Feel free to contact one of our violent crimes lawyers at Wallin & Klarich today, and we will provide you with immediate answers to your questions regarding the specific facts of your case.
Call us today at (877) 466-5245 for legal advice about your case or read below for more information about violent crimes.
Types of Violent Crimes in California
- Murder – PC 187
- Voluntary Manslaughter – PC 192(a)
- Mayhem – PC 203
- Rape – PC 261
- Sodomy – PC 286(c)
- Oral Copulation as defined in subdivision (c) or (d) – PC 288a
- Lewd or Lascivious Acts as Defined in Subdivision (a) or (b) – PC 288
- Any Felony Punishable by Death or Imprisonment in State Prison for Life
- Any Felony in Which the Defendant Inflicts Great Bodily Injury on Any Person Other than the Accomplice
- Robbery – PC 211
- Arson in Violation of Subdivision (a) or (b) – PC 451
- Forcible Acts of Sexual Penetration as Defined in Subdivision (a) or (j) – PC 289
- Attempted Murder – PC 664
- Kidnapping – PC 207
- Assault with Intent to Commit a Specified Felony – PC 220
- Continuous Sexual Abuse of a Child – PC 288.5
- Carjacking – PC 215(a)
- Rape, Spousal Rape, or Sexual Penetration of Genital or Anal Openings by Foreign Object; Acting in Concert of Force or Violence – PC 264.1
- Extortion – PC 518
- Threats to Victims or Witnesses – PC 136.1
- First Degree Burglary – PC 460(a)
Of course, many other crimes will involve violence, and they are discussed below, but the phrase violent crime usually pertains to one of the crimes listed above, which convictions result in prison term enhancements, as well as a strike on your criminal record.
Violent Crime Type 1: Murder (a.k.a. homicide)(California Penal Code 187 PC)
Perhaps because of television, murder is one of the most misunderstood criminal terms. The broad category for a crime that results in the death of another person is “homicide,” which is often used interchangeably with “murder.” Homicide is not a crime, but a category of crimes.
Punishment for Homicide in California
Generally, the penalty for these offenses is lighter as you go down the list. You can think of homicide as a class of crimes that exist on a spectrum, where first-degree murder carries the harshest penalty and involuntary or vehicular manslaughter carries the least severe punishment. You can speak now to a violent crime attorney at Wallin & Klarich experienced in murder cases, as well as other violent crime charges in California to receive more detailed information based on the specific facts of your case.
What exactly is murder in California?
What violent crime lawyers mean when they say “murder” is Penal Code section 187, which defines murder as the unlawful killing of another with “malice aforethought.” Malice aforethought can be a tricky term, bandied about without understanding its meaning. In fact, courts have held that there is no single definition.
Malice aforethought is not the everyday meaning of malice—ill-will. Rather, malice aforethought typically refers to cases where the accused intended to:
- Bring about serious bodily harm
- Engage in a certain activity that is likely to result in the death or serious bodily harm of another
First Degree Murder vs. Second Degree Murder in California
Both first-degree murder and second-degree murder are the killing of another with such a mental state, the difference between them centers mostly on premeditation.
First Degree Murder Charges and Associated Sentence for a Conviction?
Traditionally, first-degree murder is homicide that is willful and premeditated. Under California Penal Code section 189, first-degree murder includes any of the following circumstances:
a) Lying in wait;
d) A destructive device;
e) An explosive;
f) A weapon of mass destruction;
g) Knowing use of armor-piercing ammunition;
h) Any other type of willful, deliberate, premeditated killing;
i) Discharging a firearm from a motor vehicle with intent to kill; or
j) Killing in the perpetration of, or attempt to perpetrate, specified felonies.
Section J in the above list is known as the felony-murder rule. In a nutshell, if the death of another occurred during the commission of the list of serious felonies, you can be found guilty of first-degree murder even if you did not intend to kill. These felonies include, among others: arson, rape, carjacking, robbery, burglary, mayhem, and kidnapping.
Under Penal Code section 190.1 through 190.5, a conviction of first-degree murder is punishable by death, life imprisonment without possibility of parole, or a prison term of 25 years to life.
Second Degree Murder Charges and Sentence for a Second Degree Murder Conviction
Finally, any other murder committed with malice aforethought that does not meet one of the elements a through J is second-degree murder. Under section 190(a), a conviction for second-degree murder is punishable by a state prison term of 15 years to life. An experienced criminal attorney at Wallin & Klarich can provide you with the immediate assistance you need during this difficult time. Call us today for more information on how we can help you.
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Violent Crime Type 2: California Manslaughter (Penal Code 192 PC)
Voluntary Manslaughter is the next type of violent crime we will be discussing. Although there are three types of manslaughter (e.g. voluntary, involuntary, and vehicular), voluntary manslaughter is the only type of manslaughter that is considered a violent felony under California Penal Code 667.5(c). Generally, manslaughter is “the unlawful killing of a human being without malice.”
Voluntary Manslaughter (Penal Code 192(a) PC)
Under subsection A of section 192, voluntary manslaughter occurs when the killing is “upon a sudden quarrel or heat of passion.” Here, you did not kill the person, but did so out of extreme emotion. Voluntary manslaughter exists in-between involuntary manslaughter and murder: because you intended to hurt the person, it cannot be “involuntary,” but the homicide is not as reprehensible as a premeditated murder.
Voluntary manslaughter is also the crime for “imperfect self-defense”—a homicide that occurs where the defendant believed that he needed to act to save his life, but was wrong. The most common occurrence of voluntary manslaughter charges are cases involving provocation or “imperfect self-defense.”
Sentence for Voluntary Manslaughter in California
A voluntary manslaughter conviction carries a sentence of 3 to 11 years in prison under Penal Code section 193. A violent crimes lawyer at Wallin & Klarich can provide you with the defense you need during this difficult time. Call us today.
Involuntary manslaughter (Penal Code 192(b) PC)
Subsection B of Penal Code section 192 defines involuntary manslaughter as the killing of another that occurred without malice during the commission of an unlawful act that does not amount to a felony. Put simply, this is the charge if you kill someone by accident. Typically, your action is not “illegal” except for the fact that you accidentally killed someone. In most cases, your lack of due care caused the death. Although involuntary manslaughter is not considered a violent felony under PC 667.5(c), we decided to provide you with information on this crime to show you how involuntary manslaughter differs from voluntary manslaughter.
Jail Sentence for Involuntary Manslaughter in California
Under California Penal Code section 193, a conviction carries a sentence of 2 to 4 years in county jail. Contact one of our criminal defense attorneys today to receive immediate help on your involuntary manslaughter case.
Vehicular Manslaughter (Penal Code 192(c) PC)
Vehicular manslaughter is the unintentional killing of another that occurs while driving a vehicle accordingly to California Penal Code 192(c). There are a few special circumstances of vehicular manslaughter, but at its core, the crime is involuntary manslaughter that occurs while driving. Vehicular manslaughter is not a violent felony, so the prison terms for a conviction of vehicular manslaughter will not be enhanced as stated under Calfornia Penal Code 667.5.
Punishment and Sentence for Vehicular Manslaughter
The penalty can be between 2 years for cases involving gross negligence to 10 years for cases involving auto insurance fraud. Depending on the circumstances, it can be prosecuted as a misdemeanor or a felony. Thus, to ensure you receive the best representation needed during this critical situation, call a Los Angeles criminal defense lawyer at Wallin & Klarich today.
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Violent Crime Type 3: Mayhem (California Penal Code 203 PC)
Mayhem is another type of violent felony in California listed under PC 667.5(c). California Penal Code 203 provides that any person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip is guilty of mayhem.
Sentencing and Punishment for Mayhem Convictions in California (PC 203)
If you are found guilty of mayhem in California, you will be sentenced to imprisonment in the state prison for 2, 4, or 8 years. Due to the severe consequences of a mayhem conviction, it is highly important that you speak to one of our violent crime attorneys today for immediate help.
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Violent Crime Type 4: Rape in California (Penal Code 261 PC)
Rape is another violent crime in California. Rape is an act of sexual intercourse with a person without that person’s effective consent—including your spouse. Rape can occur even if you did not intend to have non-consensual sex. If the alleged victim is unconscious, suffering from a disability, or impaired such that he/she cannot consent to sex, you could be exposed to rape charges.
Punishment and Sentence for Rape Convictions in California
In California, rape is a felony. Punishment for rape in California includes incarceration and a fine up to $10,000. Your time in time depends on the circumstances of the case:
- Where the alleged victim was an adult and not your spouse, you can go to state prison for 3, 6, or 8 years under Penal Code section 264(a).
- Under section 264(c)(1), if the person was under 14 years old, then your sentence can be 9, 11, or 13 years
- Under section 264(c)(2), if they are between 14 and 18, the sentence can be 7, 9, or 11 years.
- Where you are convicted of raping your spouse, the prison sentence is 3, 6, or 8 years, under section 264(a).
- Where you are accused of rape via force and “in concert” (meaning people helped you), the prison time can be 5, 7, or 9 years. If the person is under 14, then the sentence can be 10, 12, or 14 years. If they are between 14 and 18 years old, then the sentence can be 7, 9, or 11 years.
- Where the alleged victim is substantially injured (aka suffers great bodily injury), you face an additional three to five years.
If you are facing rape accusations, it is urgent you get the violent crime defense attorneys at Wallin & Klarich working on your defense immediately.
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Violent Crime Type 5: Sodomy as Defined in Subdivision (c) or (d) of California Penal Code 286
Accordingly to Penal Code Section 667.5(c), sodomy is considered a violent felony when defined under subdivision (c) of Penal Code 286. For example, you can be found guilty of sodomy under PC 286(c) if:
- You commit an act of sodomy;
- The victim is under 14 years of age; AND
- The age difference between the two of you is more than 10 years.
In addition, accordingly to California Penal Code 667.5(c), sodomy is a violent felony when defined under Penal Code 286(d); if you are convicted of this charge, you will face harsher consequences. For example, you can be found guilty of sodomy under PC 286(d) if:
- You are acting voluntarily in concert with another person (personally or aiding and abetting);
- You commit an act of sodomy;
- You commit the act of sodomy by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person; AND
- There is a reasonable possibility that you will execute the threat.
Sentencing and Punishment for Sodomy Convictions under Penal Code 286(c)
If you are convicted of sodomy as defined under Penal Code 286(c), you will be punished by imprisonment in state prison for 3, 6, or 8 years, and the offense will count as a strike on your criminal record per California’s Three Strikes Law. In addition, you will have to register as a sex offender accordingly to California Penal Code 290. If you are facing charges of sodomy in California, speak to one of our attorneys today. We will be with you when you call.
Punishment and Prison Sentence Associated with a Sodomy Conviction under PC 286(d)
If you are found guilty of sodomy under PC 286(d), you will be punished by imprisonment in state prison for 5, 7, or 9 years, and you will have to register as a sex offender as mandated in Penal Code 290. Additionally, a sodomy conviction under PC 286(d) will also count as a strike on your criminal record per California Three Strikes Law. You do not have to go through this alone. We will be with you when you call.
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Violent Crime Type 6: Oral Copulation as Defined Under 288a(c) or 288a(d)
- You commit an act of oral copulation;
- You commit the act upon a minor who is 14 years of age or older;
- You accomplish the act by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
If you are found guilty of oral copulation as defined under PC 288a(c), you will be sentenced to state prison for 6, 8, or 10 years. In addition, you will have to register as a sex offender per California Penal Code 290.
Oral Copulation as Defined under 288a(d)
Moreover, oral copulation as defined under 288a(d) is punishable by state prison for 5, 7, or 9 years and may require you to register as a sex offender under Penal Code 290. You may be found guilty of this offense if:
- You are voluntarily acting in concert with another person (personally or aiding and abetting);
- You commit an act of oral copulation;
- You commit the oral copulation by means of force or fear of immediate and unlawful bodily injury on the victim or another person; OR
- You commit the act by threatening to retaliate in the future against the victim or another person and there is a reasonable possibility that you will execute the threat; OR
- Where the victim is incapable of giving legal consent because of mental, developmental, or physical disability and you reasonably should have known this.
Violent Crime Type 7: Lewd or Lascivious Act as Defined in Subdivision (a) or (b) of California Penal Code 288
A Lewd or lascivious act with a minor as defined under California Penal Code 288(a) — Child Molestation — is another violent crime listed under PC 667.5. You can be found guilty of a lewd or lascivious act under PC 288(a) if:
- You are acting willfully;
- You commit a lewd or lascivious act;
- You commit this act upon any part of the body of a child under the age of 14 years;
- You commit this act with the intent of arousing, appealing to, or gratifying sexual desires.
The punishment for a conviction for lewd or lascivious acts with a minor under PC 288(a) consists of 3, 6, or 8 years. Also, you will have to register as a sex offender under PC 290 if you are convicted.
Lewd or Lascivious Act with a Minor under 14 by use of Force, Fear, Violence, Duress, or Menace per PC 288(b)
The punishment for a conviction for lewd or lascivious act with a minor under 14 will be enhanced if:
- You willfully commit a lewd or lascivious act as described in PC 288(a);
- You commit this act by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person
If you are found guilty of violation of PC 288(b), you will be sentenced to imprisonment in state prison for 5, 8, or 10 years, and you will be required to register as a sex offender. Speak to one of our experienced attorneys today for immediate help on your case.
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Violent Crime Type 8: Robbery in California (Penal Code 211 PC)
Penal Code section 211 defines robbery as the felonious taking of personal property in the possession of another, from his or her person or immediate presence, and against his or her will, accomplished by means of force or fear. Robbery is essentially taking something from another by means of an assault.
Under Penal Code section 213, robbery is a felony, divided into two degrees. First-degree robbery is a forcible taking of property from any person in a dwelling or at an ATM, or from any bus or taxi driver and their passengers. It carries a sentence of 3 to 9 years in prison. All other robberies are second-degree robberies punishable by 2 to 6 years in prison. A violent crime attorney at Wallin & Klarich can provide you with the aggressive representation you need during this difficult process. Call us today.
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Violent Crime Type 9: Arson in Violation of Subdivision (a) or (b) of Section 451
In order to be found guilty of arson in California under Penal Code 451, the prosecution needs to prove that you:
- Willfully and maliciously set fire to, burn, or cause to be burned any structure, forest, land, or property; OR
- Aid, counsel, or procure the burning of any structure, forest, land, or property.
According to subdivision (a) of Penal Code Section 459, if you are charged with arson that caused great bodily injury, the offense will be charged as a felony and will be punishable by imprisonment in state prison for 3, 5, or 8 years.
In addition, accordingly to subdivision (b) of Penal Code 459, if the arson causes an inhabited structure or inhabited area to burn, the offense will also be charged as a felony, and you will be sentenced to 3, 5, or 8 years in state prison if convicted. You can speak to us today for immediate help if you are being charged with an arson offense in Southern California.
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Violent Crime Type 10: Attempted Murder
- You took at least one direct step towards killing another person; AND
- You intended to kill that person or fetus
The sentencing and punishment for an attempted murder conviction are as follows:
- Attempted first-degree murder: You may be sentenced to life in state prison with the possibility of parole after you serve 85% of the minimum 7-year sentence.
- Attempted second-degree murder: If you are convicted of attempted second-degree murder, you face a maximum sentence of 9 years in state prison.
- Attempted voluntary manslaughter: If you are convicted of attempted voluntary manslaughter, you face up to 5.5 years in state prison
In addition, if you are convicted of attempted murder, you will be subject to a strike on your criminal record. Speak to us today to receive immediate information on the specific facts of your case.
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What is kidnapping? (Penal Code 207 PC)
Under California Penal Code section 207, kidnapping is the forcible taking of another person from one location to another against his or her will. If you are convicted of this particular violent crime, you face a 3, 5, or 8-year prison sentence and up to a $10,000 fine.
Under Penal Code section 208 through 210, kidnapping becomes aggravated kidnapping if it is alleged that you used force, fear or fraud and:
- The victim is under 14 years-old (Penal Code section 208)
- You plan to ransom the victim (Penal Code section 209)
- The victim sustain a substantial injury or die (Penal Code section 209)
- The kidnapping occurred during a carjacking (Penal Code section 209.5)
Aggravated kidnapping of a child under 14 years-old carries a sentence of 5, 8, or 11 years in state prison, along with a fine up to $10,000.
Aggravated kidnapping can also mean a life sentence with the possibility for parole in the following circumstances
- Ransom cases
- Extortion (Penal Code section 518)
- Sex crimes
If you are being charged with this violent crime in California, call one of our criminal defense lawyers at Wallin & Klarich, and we will get through this together.
What is carjacking? (Penal Code 215 PC)
Under Penal Code section 215, carjacking is the forcible taking of a vehicle in someone else’s possession. Carjacking in California is a felony and carries a sentence of 3 to 9 years in prison along with a fine of up to $10,000. However, the penalties are subject to enhancements as described below.
What are the enhancements for violent crimes convictions? (Penal Code 186.22, 12022.7, 12022.53)
Enhancements are additional imprisonment terms added onto the base term. A prosecutor imposes an enhancement because of the nature of the offense or if the defendant has a qualifying prior conviction. The most common types of enhancements are for crimes involving gang activity, firearms, and great bodily injury. In California, they include the following:
- If the victim suffers great or substantial bodily injury, under Penal Code section 12022.7, you face an additional 3 to 6-year prison sentence.
- If the prosecutor proves that the crime was done to help or benefit a gang, then section 186.22 imposes an automatic 15-to-life additional prison sentence.
- If you are accused of using a gun, your case triggers Penal Code section 12022.53. Using a gun can mean an additional 10 years in prison, firing a gun can mean 20 years, and killing or seriously injuring someone can mean 25-years-to-life in prison.
Therefore, you need to call one of our Los Angeles criminal lawyers today to help you during this difficult time.
Violent crimes and the California “Three Strikes Law” (Penal Code 667)
Defined under Penal Code section 667, the Three Strikes Law is a sentencing scheme, not a crime. Essentially, it means that upon a third serious or violent felony conviction, you can receive a 25-to-life prison sentence.
Originally, it targeted mostly violent crimes, but California broadened the list of felonies that qualify as strikes. Prior to last year’s Prop 36, a strike could by any felony conviction—even “wobblers” (the ones that could also be charged as a misdemeanor) or nonviolent crimes.
Prior to Prop 36, 25-to-life sentences could be given to anyone convicted of any felony after two previous convictions for violent felonies (that is, prior conviction for the crimes in this list). So, someone whose third strike was something like possession of a controlled substance or commercial burglary could go to prison for 25 years to life.
In November of 2012, California voters passed Prop 36 and revised the law. Now, the 25-to-life sentence is only available if all three of your felony convictions were for serious or violent felonies (with some exceptions, described below). Instead, the prosecutor can only demand an enhancement that doubles your sentence. Moreover, Prop 36 is retroactive and those people who received sentences for non-violent third felonies may be eligible to reduce their sentence.
However, there are some exceptions where you can still receive the maximum 25-to-life penalty even where all three strikes are nonviolent:
- The third offense involves possession for sale, transportation, or manufacturing of hard drugs such as methamphetamine, heroin, and cocaine;
- The third offense is a felony sex offense or is a mandatory sex registration offense;
- If the third offense involved a firearm or you intended to cause great bodily injury;
- If one of your earlier strikes is a crime such as murder, a sexually violent crime, or a felony in which the possible penalty was life imprisonment.
I am facing violent crime charges. What can Wallin & Klarich do for me?
When you hire our law firm, we start by getting to know you and everything about your background. A solid background with minimal or no prior criminal history is a good start to a good defense. As our violent crime lawyers learn more about you and your social history, we can better represent you in court.
Then, we start collecting “ammunition” for your defense. We will need to know everything you know about the facts of the criminal case that is pending against you. The more we know the better. We will need a list of all witnesses that we can speak to that might assist us in your defense. Then, we will ask you for a list of character witnesses that can attest to your good character. By arming ourselves with this “ammunition,” we will be in the best position to help you win your violent crime case.
Facing a violent crime charge is a tough process and can tear at the fabric of a person’s life. Going through it alone is doubly hard; it puts immeasurable stress on you and your family. Our violent crime attorneys understand that. Each of our criminal defense attorneys experienced in violent crime cases believes that every person is entitled to a zealous and exceptional defense, and our lawyers will provide you with the representation you need during this situation.
Why Hire Wallin & Klarich?
The success of our violent crime defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For over 40 years, the lawyers at Wallin & Klarich have helped many people like you who have been arrested for violent crimes. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
“I was charged and arrested for 1st Degree Murder in conjunction with a brawl outside a rodeo in Riverside County. The police arrested and charged me and a friend for knifing a guy to death. I maintained my innocence and even though I was present that evening I never held a knife and never got near the victim. The police stated that 4-5 witnesses had placed the knife in my hand at some point and that the security guards said we were both involved with the victim. I was facing LIFE in prison for something I didn’t do.
I was referred to Wallin & Klarich and one of the partners was assigned to my case. Wallin & Klarich aggressively prepared my defense and believed in my defense and more importantly, my innocence. After months of investigation and preparation, my attorney took the case to preliminary hearing along with the co-defendant. While my attorney advised me that 95% of homicide cases get bound from prelim to trial, my attorney assured me that he would do everything he could to get me the charges dropped and me out of custody….and he did just that. At the preliminary hearing, the DA presented the witnesses and my attorney exhaustively cross-examined each and every one of them….poking holes in their testimony and the DA’s case against me.
After 4 days of prelim testimony and argument, my attorney convinced the Judge that there was insufficient evidence for the charge against me. Even though the burden of proof for the DA was so much lower at prelim than trial, the Judge dismissed the charges against and I was released from custody! I would recommend Wallin & Klarich to anyone charged with a any crime – their effortless representation on my case gave me my life back!
On a side note, the co-defendant, who also hired a private attorney, was bound over to trial and found guilty.”
“I WAS ACCUSED OF Rape of a child under 12 years of age, sodomy of a child less than 12 years of age and indecent acts with a child under 12 years of age. I faced a maximum of life imprisonment if convicted of these crimes. I was referred to the law firm of Wallin & Klarich, a firm I was told had tremendous experience defending against child molests cases. I was given a Wallin & Klarich attorney who was familiar with my jurisdiction. The attorneys of Wallin & Klarich moved aggressively to present my case in the best light to the court and negotiate with my prosecutor. My Wallin & Klarich attorney filed 8 evidentiary motions in order to put my case in the best possible position when the case went in front of the jury. While the jury was deliberating the prosecutor mentioned to my attorney that upon conviction he would request 28 years in prison. However, after a little more then an hour of deliberating the jury came back not guilty on all counts. I walked out of the courtroom a free man and back to my family and job. Were it not for the attorney of Wallin & Klarich my life would have been ruined. As a result I enthusiastically recommend them for any child molests or criminal matters.”
“My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had a series of meetings with the District Attorney’s office. Wallin & Klarich convinced them that there was not enough evidence to convict our son. To our relief, all of the charges were DISMISSED. Thank you Wallin & Klarich for your help in this serious matter and thank you Wallin & Klarich for being there when we needed you. Because the District Attorney’s office could still file felony charges for up to three years, we rest easier knowing that Wallin & Klarich attorneys are on call 24 hours a day, 7 days a week. Thank you again for helping our son.”
Frequently Asked Questions about Violent Crimes:
What percentage of my sentence will I have to serve if I am convicted of a violent crime in California?
Most crimes in California require a person to serve 50% of a potential sentence. A person convicted of a violent crime and sent to California State prison, however, will have to serve 85% of their sentence.
Am I eligible to receive probation if I convicted of a violent crime in California?
Yes, in certain circumstances, a person can be granted probation by the judge for a violent crime in California. Many situations require the defendant to show the judge that there are unusual circumstances that make granting probation in the interest of justice
What sentencing enhancements am I looking at if I am charged with a violence crime in California?
If you are charged with a violent crime and have a previous strike felony on your record, the court can add an additional 5 years to your prison sentence for a “5 year prior” or “nickel prior”
Contact Wallin & Klarich Today
If you or someone you love is facing violent crime charges in Southern California, you do not have to go it alone. Contact Wallin & Klarich today for a free evaluation of your case. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. Call or fill out our online consultation form to get in contact with a legal professional today. We will get through this together.
For more information on laws regarding violent crimes laws, read below or simply pick up the phone and speak to one of our skilled defense attorneys today.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.