What Is A Violent Crime In California?
Many crimes can involve violence. However, a violent crime in California typically refers to one of five types of crimes, including:
• Murder
• Rape
• Robbery
• Lewd Acts on a Child Under 14
• Aggravated assault
Murder
Murder can be broken into three types: first-degree, second-degree, and manslaughter. The penalties for each type decrease as you go down the list.
Under California Penal Code section 187, first- degree murder is the unlawful killing of another human being with malice aforethought. Malice aforethought does not have one single definition.
Evidence of malice aforethought can be shown in situations where:
• You had the specific intent to kill or cause serious bodily harm
• You planned how to commit the act
• You engaged in an activity likely to result in the death or serious bodily harm to another human being
For second-degree murder and manslaughter, the prosecution has to prove that you specifically intended to kill or injure the victim.
Rape
Under California Penal Code section 261, it is illegal to have sexual intercourse with another person without that person’s consent. Rape can occur even if you thought that the victim was consenting.
The punishment for rape will depend on the facts of your case. Usually, rape is punishable as a felony by incarceration and a fine up to $10,000.
Robbery
Under California Penal Code section 211, it is unlawful to take personal property in the possession of another, from his or her immediate presence, and against his or her will by means or force or fear. There are two types of robbery:
• First-degree robbery
• Second-degree robbery
First-degree robbery occurs when you take forcibly take property from any person in a dwelling or at an ATM, or from any bus driver, taxi driver, or their passengers. All other robberies are considered second-degree robberies.
Lewd Acts on a Child Under 14
Under California Penal Code Section 288, there are various ways in which an individual can be charged with the crime of lewd acts with a minor:
• Touching a child under the age of 14 or having the child touch the defendant’s body with the intention of sexual arousal;
• Defendant using force or fear to touch a child under the age of 14 with the intent of sexual arousal
• If the child is 14 or 15 years old and the defendant is at least 10 years older than the minor.
This code section defines lewd acts with a minor as any touching of the child committed with the intent to sexually arouse the individual or the child. The touching itself need not be in an inherently lewd manner, and sometimes may even have the outward appearance of innocence.
Aggravated Assault
Aggravated assault, also referred to as assault with a deadly weapon, is a crime under California Penal Code section 245. This section makes it unlawful to use a deadly weapon to attempt to commit a violent injury upon another person. Assault with a deadly weapon can be charged as a felony or a misdemeanor.
Contact A Violent Crime Attorney
If you or a loved one has been charged with a violent crime in California, you need to contact an attorney immediately. The punishments for these types of crimes can be very severe and will dramatically affect your life.
You need an attorney from Wallin & Klarich if you are going to successfully raise a defense. For over thirty years, Wallin & Klarich has obtained positive outcomes for clients accused of committing violent crimes
Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.
