Bakersfield Violent Crimes Defense Attorney

Violent crime involves any unlawful action that results in physical harm or threats of violence against another person. These offenses are often aggressively prosecuted under California law. A violent crime conviction can have a substantial impact on your life, costing you steep fines and years behind bars.

Despite the focus many prosecutors put on violent crime, the truth about these charges are that they are defensible. Often, these offenses have two sides to the story. If you have been arrested for a violent crime in Kern County, you deserve to have a jury of your peers hear your side of the story.

The Hennessy Law Group can carefully review every aspect of your case. Our team can review police reports and witness statements to determine the truth about the charges against you. Our comprehensive approach to defending the accused could give you the best chance of beating the charges you currently face. Schedule a free consultation to learn more.

Common Examples of Violent Crime Offenses in Kern County CA

While there are many statutes covering the criminal violent acts in the state of California, we discuss some of the most common examples below. Each of these offenses carries the potential for serious penalties upon conviction. The good news is that a conviction is never guaranteed when you work with the right criminal defense attorney.

Assault

Assault is arguably the most commonly charged violent crime in California. Generally speaking, this crime involves an unlawful attempt to injure another person. Assault must happen willfully, meaning an accident should not lead to assault charges.

There are some important limitations on what assault entails. For a defendant to be convicted, they must be aware that the actions they are taking are likely to apply force to another individual. A person must also have the present ability to harm another person. For example, throwing a punch is unlikely to be assault if there is a thick pane of glass between you and the alleged victim.

There are two forms of assault charges: simple and aggravated assault.

Simple Assault

Simple assault is a misdemeanor under California law and carries a maximum sentence of up to six months in jail. Simple assault also has a maximum fine of at most $1,000. This penalty goes up to a year in jail when the assault targets a person engaged in their official duties, including peace officers, firefighters, and EMTs.

Aggravated Assault

Aggravated assault is a more serious crime that can involve the use of caustic chemicals or a firearm. Aggravated assault is a wobbler, meaning it is up to the prosecutor to charge it either as a misdemeanor or a felony.

Battery

The phrase “assault and battery” is commonly used together, but in California, these are two very different offenses. As we discussed above, an assault involves an attempt at using force on someone else. Battery, on the other hand, is the actual use of force to harm another person.

Like with an assault charge, battery must be a knowing, intentional act. A person that swings their arm and strikes another without realizing they are nearby might not be guilty of battery, but a person that does so intending to strike another person likely is.

Battery is a misdemeanor unless it is committed against a law enforcement officer or it results in serious bodily injury. When serious bodily injury is involved, the charge is known as aggravated battery. Aggravated battery is a wobbler that could lead to either a year in county jail or two, three, or four years in prison as a felony.

Domestic Violence

Domestic violence involves the harm or threat to harm a spouse or intimate partner. There are a number of offenses that fall under the category of domestic violence. The two most common include domestic battery and inflicting corporal injury on an intimate partner. An intimate partner could include:

• Current or former spouse
• Registered domestic partner
• Live-in romantic partner
• Any person that has had a child with the accused
• Current or former fiance
• Anyone in a prior serious relationship.

With more than a dozen offenses that could fall under the category of domestic violence, the penalties of domestic violence can vary dramatically. Many of these offenses are treated as wobblers, with the potential of multiple years in state prison.

Robbery

A robbery occurs when a person takes the property belonging to another person from them using force or a threat of violence. This criminal act must occur in the presence of another person, otherwise a different form of theft crime could apply.

The force necessary to qualify under the robbery statute does not have to result in serious injury. In fact, merely forcefully taking an item from the hands of another person is enough. This taking must be against the alleged victim's will, and it must be done with the intent to deprive them of it permanently.

Robbery comes in two forms: first-degree robbery and second-degree robbery.

First-Degree Robbery

First-degree robberies occur when a victim is using an ATM or when the robbery occurs in an inhabited home. First-degree robbery is a felony that carries three, four, or six years in prison. The sentencing range increases to three, six, or nine years if the robbery occurs in an inhabited structure.

Second-Degree Robbery

Second-degree robbery covers any robbery crime that does not qualify as a first-degree offense. Second-degree robbery carries a penalty of two, three, or five years in prison.