Fighting to Protect Your Rights
Serious and Violent Crimes
The Law Offices of Sandra Nassar handle a variety of violent crimes cases, such as kidnapping, robbery, carjacking and murder. If you are charged with a serious or violent crime in Orange County, Los Angeles, or the surrounding counties, then you need the assistance of an experienced criminal defense attorney. Call the Law Offices of Sandra Nassar, A Professional Corporation to speak with a criminal defense attorney who can answer your questions.Serious and Violent Felony Charges
In California, there are numerous crimes that are serious and violent felonies which, upon conviction, can result in significant penalties being imposed. The charges involve the use of force against another person, a threat against another person, or the use of a weapon.
The terms serious and violent, when referring to crimes, can mean two different things. It can have the common meaning that a crime is serious because the penalties are significant and it is violent because the crime involved force. It can also have the legal meaning. The Penal Code defines which crimes constitute serious crimes and which constitute violent crimes. If a crime falls within the legal definition, then it is a strike offense. A strike offense is a felony crime that carries certain increased penalties that are different from general felony crimes.
Here are some of the most common serious and violent charges:
California Penal Code section 207(a) defines simple kidnapping as the taking of a person by force or fear into another country, state, county, or into another part of the same county. Simple kidnapping requires that the amount of distance the person is moved be substantial; however, the term substantial is not defined so what constitutes a “substantial” distance depends on the facts of a case and may not be that far of a distance.
Kidnapping is punishable by up to eight years in prison.
An example of simple kidnapping would be if a boyfriend and girlfriend are in the driveway and get into a fight and the girlfriend wants to get in her car and drive away and instead, the boyfriend grabs her and carries her into the house against her will.
California Penal Code section 209 defines aggravated kidnapping. Aggravated kidnapping requires the kidnapping be done for a certain purpose or intent such as for a ransom, extorsion, robbery, or rape. Aggravated kidnapping is punishable by life in prison.
An example of aggravated kidnapping is when a person goes up to a stranger and grabs him and drives him to an atm in order to get his money.
California Penal Code section 211 defines robbery as the unlawful taking of personal property from the person of another against their will by force or fear. There are different degrees of robbery depending on where the robbery happens.
Robbery is punishable by up to five years in prison for second degree robbery and up to nine years for first degree.
An example of a robbery is when a man walks up to a stranger and demands he give up his wallet and money or the man will hurt him, so the stranger gives the man his wallet and money.
Another example of robbery is when a man is inside a grocery store and takes a bottle of alcohol and tries to leave the store without paying and an employee tries to stop him, but the man shoves the store employee and leaves the store with the alcohol bottle without paying.
California Penal Code section 215 defines carjacking as the taking of a motor vehicle from another person against their will by force or fear.
Carjacking is punishable by up to nine years in prison.
An example of carjacking would be if a stranger is stopped at a red light in his car and a person came up to him and forced him out of his car and drove off with it.
California Penal Code section 245(a)(1) defines assault with a deadly weapon as the use of force with a deadly weapon against another person that a reasonable person would know could result in the application of force against the other person. Assault with a deadly weapon is punishable by up to four years in state prison.
An example of an assault with a deadly weapon would be if two people are in a bar and get into an argument and one picks up a beer bottle and breaks it over the other person’s head. Another example would be if two people are arguing and one pulls out a knife and swings it at the other person and comes close to cutting the other person but misses.
California Penal Code section 664(a)-187 is attempted murder. Attempted murder is when a person has the intent to kill another person and takes at least one step, beyond mere preparation or planning, towards the killing of the another person and either stops or fails to kill the other person.
An example of an attempted murder would be if two people are arguing and one says “I wish you were dead!” and then gets a gun and shoots at the other person’s head but misses.
A person can be charged with other more serious assault and battery charges if a weapon is used, more force is used, the injury inflicted is serious, or the intended victim has a particular job or has a particular relationship to the charged defendant.
If you are charged with a serious or violent crime in Orange County, Los Angeles County, Riverside County, San Diego County, or San Bernardino County then you need a lawyer with experience to defend you. The Law Offices of Sandra Nassar, A Professional Corporation has extensive experience handling serious and violent cases. Get an experienced Orange County criminal defense attorney on your side. Make the call now. Call 1-800-260-2026 to get the help you need.