Crimes of Violence

California, like many states, has numerous laws on the books involving crimes of violence. They run the gamut from stalking to domestic violence, the common assault and battery, hit and run cases that result in injury, as well as the crime of criminal threats. Each crime is made up of distinct elements that must be proven by a prosecutor. If just one element of a given crime cannot be proven, the jury must acquit. Therefore, it is of the utmost importance that you consult with a qualified criminal defense attorney to determine exactly where you stand regarding the charges against you.

If you have been arrested on charges related to crimes of violence, it is very important that you seek a professional, experienced defense team. Do not hesitate in seeking a free case evaluation from the Kavinoky Law Firm.

An assault requires an attempt to do violent injury to another person as well as the present ability to cause the violent injury. An assault can only take place when there is the present ability to act. Therefore, squeezing the trigger of a plastic toy gun that is obviously fake will not constitute assault because there is no appearance of a present ability to cause harm. However, if the toy looks real to the victim even though it is fake, an assault can have taken place, because to the victim, it looked as if the attacker had the present ability to cause harm.

Assault crimes in California are very specific. For example, California has laws regarding assault with a fire arm, assault with a weapon other than a fire arm, and laws regarding assaults on specific people such as government officials, policemen, and firefighters too.

A battery is the willful and illegal use of force or violence on another person. Bear in mind however, that a battering only requires the touching of another. The touch does not need to be brutal or severe and marks or scrapes are not necessary either.

Other crimes of violence in California include stalking. It seems that stalking crimes would be particular to California because of all the celebrities that live here, but the truth is, many stalking cases simply involve broken relationships or overly aggressive suitors who have been rejected by the one’s they want. In California, a stalker is known as someone who willfully, maliciously, and repeatedly follows or harasses another person and who makes credible threats against that person with the intent to make that person fear for his or her safety, or for the safety of an immediate family member.

Mayhem is a crime that can be likened to an aggravated battery. Mayhem consists of maliciously harming a person and in so doing, causing the deprivation of a body part, disabling or disfiguring a body part such as cutting person’s tongue or putting out a person’s eye.

Kidnapping is obviously illegal in California too. Kidnapping can occur under a number of different circumstances, and there are different elements that must be considered in each type of kidnapping cases. Common examples of these types of kidnapping involve kidnapping for ransom, kidnapping during a robbery, kidnapping during a carjacking, or the very common kidnapping that is related to child custody matters. These crimes are all slightly different and each has a technical standard that the prosecutor must prove beyond a reasonable doubt. These cases are best defended by experienced and knowledgeable criminal defense lawyers.

Domestic violence is yet another crime that covers many different activities and people. Domestic violence exists whether the victim is a man or a woman and domestic violence exists in cases where people in same sex relationships are the victim of violence too. There are also varying degrees of domestic violence that one may be charged with. It is of the utmost importance to find a lawyer who can work with the prosecutor to get a punishment that best suits a defendant’s situation. A good criminal defense attorney understands that the harshest punishment is not necessarily the best punishment for the person.