The violent crime definition in California is a somewhat broad category encompassing numerous criminal offenses that involves the use or a threat of force, either actual or implied. Typically, violent crimes are categorized as either misdemeanors or felonies, with some offenses falling in a gray area referred to as “wobblers,” which means the seriousness of the alleged will determine how a prosecutor will decide on a charge.
If you find yourself accused of a violent crime in Los Angeles, an A&T Legal Group attorney can advise you as to the best way to proceed.
While the violent crime rate across the U.S. has dropped significantly in the past decade, it is nonetheless a serious offense that carries extremely serious penalties. The U.S. Department of Justice separates violent crimes into five categories:
● Simple Assault
● Aggravated Assault
● Sexual Assault
The California Penal Code defines an assault as any “unlawful attempt” to cause “violent injury to the person of another.” A violent crime does not always involve a physical threat or the use of a weapon, such as a gun or knife. A violent crime typically involves any act where violence is the objective, such as murder, a means to an end, such as in a robbery, or any situation that has just gotten out of control, such as with a domestic dispute.
Assault does not always have to involve the act of physical contact that causes injury, and is often described as any attempt to commit a battery, or physical injury on another person. The simplest way to remember the difference between assault and battery is assault is when something threatening is said or implied, but battery is when an act of physical harm is carried out.
In order to prove a violent crime has been committed, the prosecutor must demonstrate the defendant intended to commit the offense and possessed the “present ability” to carry out the crime. However, the prosecutor is not required to prove that harmful physical contact actually occurred.
If you, a friend or family member has been charged with a violent crime it is imperative that, under no circumstances, should you talk to the police without talking to legal representation first. We urge you to contact an A&T Legal Group criminal defense lawyer in LA immediately. We have strong experience when it comes to successfully defending clients accused of violent crimes, ranging from misdemeanor simple assault to murder charges.