Violent Crime Attorneys in San Jose

Charged With a Violent Crime and Need Legal Help?

Crimes of violence are harshly punished in the California criminal justice system. If you are accused of committing a violent crime, the risk of incarceration and other consequences is high.

You have the constitutional right to the protection of a criminal defense attorney. Ensure you have the protection of a high-quality, experienced criminal defense lawyer who you can trust to work long hours and will vigorously pursue any possible benefit.

What is Considered a Violent Crime?

Under state law, a violent crime is any offense that involves the use or threat of physical force on another person. These crimes come with the potential for bodily harm or death. Violent crimes range from simple assault to homicide. Many violent crime offenses are felonies and come with penalties, including incarceration in state prison—some for life.

Certain “violent felonies” are listed under the California Penal Code 667.5. These violent crimes include these offenses:

Murder: The unlawful killing of another person with malice aforethought. California law distinguishes between first-degree murder (premeditated) and second-degree murder (not premeditated but intentional), both carrying severe penalties, including life imprisonment.
Voluntary Manslaughter: These cases involve a killing occurring in the heat of passion or during a sudden altercation without prior intent to kill. While less severe than murder, voluntary manslaughter still carries significant legal consequences, including prison time.
Felonies Inflicting Great Bodily Injury: These are crimes that result in significant physical harm to another person. Under California’s Great Bodily Injury Enhancement laws, a felony conviction involving serious injury can lead to additional prison time and harsher sentencing.
Attempted Murder: This offense is the deliberate intent to kill another person, even if the attempt was unsuccessful. Attempted murder is prosecuted aggressively in California, often carrying a life sentence depending on the circumstances.
Carjacking: The forceful taking of a vehicle from another person using threats, violence, or intimidation. A felony under California Penal Code 215, carjacking can result in up to nine years in prison, with enhanced penalties for the use of a weapon.
Continuous Sexual Abuse of a Child: This crime involves continuous acts of sexual abuse committed on a minor under California Penal Code 288.5. This crime carries severe felony penalties, including lengthy prison sentences and lifetime sex offender registration.
Rape: Non-consensual sexual intercourse accomplished through force, threats, or coercion. California has strict laws against rape under Penal Code 261, with convictions leading to lengthy imprisonment and mandatory sex offender registration.
First-Degree Burglary: This offense is the unlawful entry into an inhabited dwelling (such as a home or apartment) with the intent to commit theft or another felony. Considered a violent felony in California, first-degree burglary carries harsh penalties, including years incarcerated in state prison.

A violent crime charge does not have to involve actual physical contact. Threats of violence, attempted violence, or coercion can also lead to criminal charges. Coercion is using threats to force another individual to do something they would not ordinarily do, such as participate in a criminal act. Pointing a weapon in a threatening manner, even when no physical harm occurs, will likely be prosecuted as a violent offense.

What Are the Penalties for Violent Crimes?

The penalties for violent crimes vary based on the nature of the offense, the criminal record of the accused, and aggravating factors such as the use of a deadly weapon or acts of violence causing great bodily injury.

Murder: First-degree murder can result in 25 years to life in prison, life without parole, or the death penalty in extreme cases. While no executions have occurred in many years, the law remains on the books in the state. Second-degree murder carries 15 years to life, but can be increased with sentencing enhancements.
Voluntary Manslaughter: This crime is punishable by 3, 6, or 11 years under Penal Code 192(a).
Attempted Murder: This is a felony offense carrying a life sentence with the possibility of parole, with harsher penalties if the crime involved gang activity or the use of a firearm.
Carjacking: Under Penal Code 215, carjacking is punishable by up to nine years in state prison, with potential enhancements for causing bodily injury or the use of a firearm.
Rape: A felony under Penal Code 261, carrying a prison sentence of 3, 6, or 8 years, with possible enhancements for use of a weapon, multiple victims, or victim age. Convictions require mandatory sex offender registration.
First-Degree Burglary: A “strike” offense, this crime is punishable by 2, 4, or 6 years in state prison under Penal Code 460(a).
Felonies Inflicting Great Bodily Injury: If a violent felony results in significant harm to a victim, sentencing enhancements under Penal Code 12022.7 can add 3 to 6 additional years to the prison sentence.

The California Three Strikes Law and Violent Crimes

California’s Three Strikes Law (Penal Code 667) imposes harsher penalties for repeat offenders convicted of serious or violent felonies. If a defendant has one prior violent or serious felony, a new felony conviction will lead to double the usual sentence. When a defendant has two or more prior violent or serious felony convictions, a new felony conviction can result in 25 years to life in prison, even if the third offense is not classified as violent. Specific violent crimes are classified as “strike” offenses, with a single conviction significantly affecting future sentencing when another crime is committed.

Personal Consequences in a Conviction for a Violent Crime

Beyond extensive time in state prison and fines, a violent crime conviction will bring other consequences that have a significant impact on your future, including:

Parole or probation restrictions: Strict monitoring and conditions upon release.
Loss of gun rights: Convicted felons cannot own or possess firearms.
Sex offender registration: Required for certain crimes, often for life.
Immigration consequences: Non-citizens convicted of violent felonies may face deportation.

A violent crime conviction is a life-changing situation. An experienced criminal defense lawyer in San Jose can take action to seek a reduced charge, alternative sentencing, a case dismissal, or help you pursue a “not guilty” verdict at trial. If you or a loved one is facing violent crime charges, it’s critical to have legal representation as early as possible after being arrested.

What Are a Defendant’s Rights in a Violent Crime Case?

If you face violent crime charges in California, you should know your rights. The U.S. Constitution and California state law offer several protections to ensure fair treatment and due process. These rights include:

The Right to Remain Silent

Under the Fifth Amendment, you are not required to answer questions from law enforcement or prosecutors that could incriminate you. Anything you say can and will be used against you in court, so it is best to exercise your right to remain silent until your attorney is present. Your words could be twisted and then used against you at trial.

The Right to Legal Counsel

You have the right to an attorney under the Sixth Amendment of the U.S. Constitution. The court will appoint a public defender if you cannot afford a private attorney. Public defenders, in many cases, may not have the time or resources to craft a robust defense case and can only do the bare minimum.

An experienced criminal defense attorney can significantly impact your case’s outcome, thoroughly evaluating the evidence, identifying the weaknesses in the prosecution’s case, and presenting a defense case to raise reasonable doubt. The burden of proof lies with the prosecutor. Persuasive arguments, whether behind the scenes or in court, can lead to reduced charges, a dismissed charge, or being exonerated in court.

The Right to a Fair and Speedy Trial

The Sixth Amendment guarantees the right to a public trial without unnecessary delays, prevents indefinite detention without trial, and ensures that you can defend yourself within a reasonable time frame. Defendants should not be spending years behind bars without going to trial.

The Right to Confront Witnesses

As a defendant, you (or most likely your criminal attorney) can cross-examine witnesses testifying against you. Your criminal attorney can challenge the credibility and reliability of witnesses.

The Right to Due Process

Under the Fourteenth Amendment, you are entitled to fair legal proceedings, including being formally charged, informed of the accusations against you, and given a chance to present a defense.

The Right to Be Presumed Innocent

Every defendant is considered innocent until proven guilty beyond a reasonable doubt. The prosecution must present evidence proving guilt. When the case has reasonable doubt, the jury or judge must rule in favor of the defendant.

Protection Against Unlawful Search and Seizure

The Fourth Amendment protects individuals from illegal searches and seizures by law enforcement. Law enforcement must have a valid warrant or probable cause before conducting a search of your home, vehicle, or personal property. Evidence obtained unlawfully may be inadmissible in court.

Protection Against Double Jeopardy

The Fifth Amendment ensures that you cannot be tried twice for the same crime once you have been acquitted or convicted. The government is prevented from repeatedly prosecuting cases of murder, manslaughter, and some other offenses.

Protection Against Cruel and Unusual Punishment

Under the Eighth Amendment, you cannot be subjected to excessive fines, bail, or cruel and unusual punishment. Those convicted of crimes are protected from extreme sentencing disproportionate to the crime committed.

The Right to Appeal a Conviction

You can appeal the decision to a higher court if you are convicted. An appeal allows a higher court to review the legal errors made during the trial that have affected the outcome.

Understanding your rights is essential when facing violent crime charges. An experienced criminal defense attorney can help protect these rights, challenge the prosecution’s case, and fight for the best possible outcome on your behalf. If you or a loved one has been charged with a violent crime, do not hesitate to seek legal representation immediately.

What Are the Defense Strategies for Violent Crime Charges?

After being arrested for a violent crime, the situation is stressful and extremely dangerous. Defendants face the immense power of the criminal justice system, led by a prosecutor who is dedicated to achieving a conviction. Your violent crime defense attorney in San Jose can take various legal actions to mitigate the damage to your life, future, and freedoms. Some defense strategies that have proven effective include the following:

Self-Defense or Defense of Others

One of the most common defenses in violent crime cases is self-defense. If you used force to protect yourself or another individual from imminent harm, it can be argued that your actions were legally justified.

Lack of Intent (Accidental Injury)

A violent crime must include the intent to harm another. The charges could be reduced or dismissed if the prosecution cannot prove that you intended to harm another and the injury was accidental.

Mistaken Identity or False Accusations

Eyewitness misidentifications or false accusations often arise in violent crime cases. If you have been wrongly identified as the perpetrator, your attorney can present evidence to

Insufficient or Unreliable Evidence

The prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If there is a lack of evidence or key evidence is unreliable or subject to interpretation, it could lead to a reduced or dismissed charge. Issues such as mishandling forensic evidence or gaps in the case against you can be a successful defense.

Rights Violations

If law enforcement violated your constitutional rights during the investigation into the crime or during the arrest, specific evidence could be suppressed, weakening the prosecution’s case. A failure to read a defendant’s Miranda rights before interrogation, illegal search and seizure, police misconduct, or issues such as false confessions due to undue pressure from law enforcement in questioning can come into play.

Lack of a Deadly Weapon (For Enhanced Charges)

If you are charged with a violent felony involving a deadly weapon, but the prosecution cannot prove that a weapon was used, your attorney may argue to reduce the charges. For example, an assault with a deadly weapon charge (Penal Code 245) may be downgraded to a simple assault (Penal Code 240) if no weapon is involved.

Mental Health or Diminished Capacity

When a defendant has a mental illness, any cognitive impairment, or has suffered from extreme emotional distress at the time of the incident, the court may consider diminished capacity as a valid defense that can allow for treatment rather than prison time.

Consent in Sex Crime Cases

For certain violent crimes, such as sexual assault or battery, the defense may argue that the alleged victim consented to the act. Consent can be a complex legal defense and requires presenting credible evidence.

FAQ

What should I do if arrested for a violent crime?

If you are arrested, remain silent and do not answer any questions from law enforcement. Politely state that you want an attorney and refuse to discuss your case until you have legal representation. Anything you say can be used against you. Avoiding making statements that could harm your defense could not be more critical. Contact an experienced criminal defense attorney immediately to protect your rights and build a strong legal strategy.

Can I claim self-defense if I was protecting someone else?

California law allows self-defense and defense of others as a legal justification for using force. However, you must prove that:

You reasonably believed that you or another person was in imminent danger.
You used only the necessary amount of force to prevent harm.
You were not the aggressor in the situation.

A self-defense claim can lead to reduced charges or case dismissal. An attorney can help gather evidence, witness testimony, and expert opinions to bolster your defense.

What happens if I’m charged with a violent crime, but I didn’t hurt anyone?

In California, you can still be charged with a violent crime even if no physical injury occurred. Crimes such as attempted murder, assault, and robbery do not require actual harm—only the intent or attempt to commit violence. Additionally, using a weapon or making violent threats can escalate charges, even if no one is injured.

Why Choose Us?

When facing violent crime charges, choosing the right defense attorney can make all the difference between a conviction and a successful defense. At the Law Offices of William V. Pernik, we are dedicated to fighting for our client’s freedom and future, providing aggressive, strategic, and personalized legal representation in San Jose and beyond.

Proven Track Record in Criminal Defense: Our firm has successfully defended clients against serious felony charges, including murder, attempted murder, assault, robbery, and domestic violence. We deeply understand California criminal law and the effective defense strategies for violent crime cases.
Strategic Legal Representation: We fight tirelessly for our clients, challenging unfair charges, weak evidence, and constitutional violations. Whether negotiating for case dismissal, reduced sentencing, or taking a case to trial, we are fully prepared to advocate for the best possible outcome.
Experience in Local San Jose Courts: Having extensive experience in San Jose and Santa Clara County courts, we understand local procedures, prosecutors, and judges, allowing us to craft effective defense strategies tailored to the specifics of your case.
Personalized Defense: We recognize that every case is unique and requires a customized legal approach. We work closely with clients, keeping them informed, exploring every legal avenue, and building the most vigorous defense possible.
Protection of Your Constitutional Rights: From unlawful searches and seizures to police misconduct and coerced confessions, we hold law enforcement accountable. If your rights have been violated, we will aggressively fight to suppress evidence and challenge the prosecution’s case.
Comprehensive Investigation and Case Preparation: We leave no stone unturned, conduct thorough investigations, review forensic evidence, interview witnesses, and consult a range of experts when building a defense case.
Results-Driven Advocacy: We are committed to achieving the best possible result— whether through dismissal, acquittal, reduced sentencing, or alternative sentencing options. Our priority is protecting your future.

Call us today at 408-669-4877 to speak with us about defending a violent crime charge.