IWV Legal proudly serves clients throughout Kern County on Criminal Defense cases.
Violent crimes include a range of offenses, like assault and homicide. The consequences of such charges are serious — but remember that a charge is not a conviction. If you have been accused of a violent crime in Kern County, reach out to IWV Legal to discuss your defense options.
Depending on your case, our lawyers can strategize an argument for mitigated, or even dismissed, charges. We aim to provide personalized representation so we can develop the most effective defense unique to your situation. We will do our best to combat your charges, and you can count on us to guide you through an unfriendly and often intimidating legal process.
Schedule an initial consultation with IWV Legal to discuss your defense options in the face of violent crime accusations.
Another category of violent criminal charges is murder, which can be either first-degree murder or second-degree murder. First degree murder is defined as the killing of another person involving premeditation, deliberate planning, and intent to kill; a killing committed during the commission of a felony; or a killing committed with a weapon of mass destruction or an explosive device. Other murders that do not fit the definition of first-degree murder will be charged as second-degree murder.
First-degree murder in California may be penalized by imprisonment in state prison for 25 years to life or life imprisonment in state prison without the possibility of parole. The circumstances of the case will determine which punishment is ordered (e.g., life imprisonment is typically ordered for cases involving the first-degree murder of a peace officer).
Second-degree murder is punishable by 15 years to life in state prison. The term may increase to 20 years to life if the defendant committed the murder while shooting a firearm from a motor vehicle or to 25 years to life if the alleged victim was a peace officer.
Voluntary manslaughter is also a category of homicide punishable as a violent crime. California law defines voluntary manslaughter as the unlawful killing of a human being in the heat of passion (that is, without premeditation). Voluntary manslaughter also does not involve malice.
To prove a case of voluntary manslaughter, the prosecutor must prove that:
- The defendant was provoked
- The provocation caused the defendant to act rashly and under the influence of intense emotion that obscured their reasonable judgment (“in the heat of passion”)
- The provocation would have caused a normal person to act rashly from passion rather than reasonable judgment
Voluntary manslaughter is a felony punishable by:
- Three, six, or 11 years in state prison
- A strike on the defendant’s record
- Up to $10,000 in fines
- The loss of firearm rights
- Community service
- Mandatory counseling (e.g., anger management classes)
There is a range of crimes that are considered violent offenses. If you have been accused of committing a violent crime, whether for simple assault or voluntary manslaughter, contact an experienced defense lawyer immediately to get started on your defense. Our defense lawyers at IWV Legal aim to provide innovative representation that is tailored to your unique situation and needs, and we will do our best to help you combat the unfounded charges of violence against you.
Schedule an initial consultation with our attorneys at IWV Legal to discuss your case in detail.
Assault and battery are two common types of violent crime charges in California. Assault refers to the intentional attempt to physically injure another or a physical or verbal threat that causes the other person to fear an attack. Physical contact does not need to be present in order to be considered an assault. Battery, on the other hand, is the intentional and unlawful use of force or violence against another and does involve physical contact.
Assault and battery can be simple assault and simple battery charged as misdemeanors. In more severe circumstances, an assault or battery offense may be charged as a “wobbler” (either a misdemeanor or a felony).
Some examples of wobbler assault offenses are:
- Assault against a custodial officer (e.g., a corrections officer at a jail or prison)
- Assault against school district law enforcement
- Assault against a juror by a party in the case
Some examples of wobbler battery offenses are:
- Battery against a law enforcement officer while the officer is performing their job duties
- Battery against a juror by a party in the case
- Battery against a public worker or healthcare provider, resulting in injury requiring medical treatment
- Battery against a school employee while they are performing their duties, resulting in injury requiring medical treatment
The penalties for simple assault and battery are up to six months in jail; up to $1,000 in fines ($2,000 for simple battery); and up to six months of probation. The penalties for wobbler assault are up to one year in jail (alternatively, 16 months, two years, or three years in jail or prison); up to $2,000 in fines; and one to three years of probation. Wobbler battery is a felony with similar penalties of 16 months, two years, or three years in county jail; up to $2,000 in fines; and up to three years of probation.