Ventura Violent Crime Attorneys
Violent crimes are very serious and demand the attention of experienced violent crime lawyers. Lessem, Newstat & Tooson, LLP has achieved hundreds of dismissals and has vast trial experience with over 200 jury trials.
Why you should consider hiring our firm:
- Decades of Defense Experience
- Board Certified Criminal Law Specialist
- Award-Winning Legal Team
What Are Violent Crimes?
“Violent crimes” is a label given to any crime where physical force is used against another individual unlawfully. It indicates to prosecutors, judges, and juries that the alleged perpetrator is reckless, erratic, and a possible danger to others. When facing violent crime charges, you will likely be given a stiffer penalty than for a nonviolent charge if convicted.
The most common violent crimes include the following:
- Homicide/Murder
- Attempted murder
- Manslaughter
- Vehicular manslaughter
- Rape
- Child molestation
- Aggravated Assault
- Assault with a weapon
- Battery
- Domestic violence
- Stalking
- Child abuse
- Kidnapping
What Are the Key Differences in State and Federal Laws on Violent Crimes?
Violent crimes encompass a range of serious offenses that involve the use or threat of physical force against another person, often leading to severe legal repercussions. In California, these crimes are primarily governed by state laws under Penal Code Section 667.5(c), which defines “violent felonies” to include acts like murder, voluntary manslaughter, mayhem, rape (as specified in certain subdivisions), sodomy by force, robbery, kidnapping, and arson causing great bodily injury.
This classification is crucial because it triggers enhanced penalties, such as longer prison terms and restrictions under the state’s Three Strikes Law, which can impose 25 years to life for repeat offenders. California law emphasizes the intent and circumstances of the act, with common violent crimes including aggravated assault, domestic violence, and homicide, each carrying specific elements that prosecutors must prove beyond a reasonable doubt.
On the federal level, violent crimes fall under statutes like the Violent Crimes Control and Law Enforcement Act or specific titles in the U.S. Code, such as 18 U.S.C. § 16, which defines a “crime of violence” as an offense involving the use of physical force or a substantial risk thereof. Federal jurisdiction typically applies when crimes cross state lines, occur on federal property (e.g., national parks), involve federal officials, or are part of larger schemes like organized crime or terrorism.
Key differences include harsher federal sentencing guidelines, often with mandatory minimums that exceed state penalties; for instance, federal drug-related violence can lead to decades-long sentences compared to potentially shorter state terms for similar acts. While state courts handle most violent crime cases in Ventura County, federal involvement can escalate matters, requiring attorneys versed in both systems to navigate overlapping jurisdictions effectively.
Understanding these variations is essential, as a charge might start at the state level but shift federally if elements like interstate commerce are involved, dramatically altering defense strategies and potential outcomes.
In California, Are Violent Crimes Charged as a Misdemeanor or a Felony?
In most cases, violent crimes are considered felony crimes, but in certain circumstances, depending on the severity of the crime, they can be tried as simple misdemeanors.
What Are the Penalties If I’m Convicted of a Violent Crime?
Facing charges for a violent crime in California can result in life-altering penalties, designed to reflect the severity of the offense and deter future misconduct.
At the state level, convictions often lead to imprisonment ranging from months in county jail for misdemeanors like simple assault to life sentences for felonies such as murder or aggravated robbery. Fines can be substantial, starting at $1,000 for lesser offenses and climbing to $10,000 or more for serious felonies, alongside restitution payments to victims for medical bills or property damage. Probation may be an option for first-time offenders, involving supervised release with conditions like community service, anger management classes, or no-contact orders, but violations can revoke it and impose full jail time.
Under California’s Three Strikes Law, a second violent felony conviction doubles the sentence, while a third can mandate 25 years to life, even if the prior strikes were non-violent in some cases.
Federally, penalties are often more stringent, with no parole in the federal system and guidelines that factor in criminal history, leading to extended incarceration without early release options available in state prisons. These consequences underscore the high stakes involved, where even a plea deal might carry unforeseen ripple effects, making early legal intervention critical to mitigate or avoid them altogether.
How Does a Violent Crime Conviction Affect Your Future?
A conviction for a violent crime in California doesn’t end with the sentence; it casts a long shadow over nearly every aspect of life, creating barriers that can persist for years or indefinitely.
- Legally, felons lose certain civil rights: while voting rights are restored after completing prison and parole terms in California, firearm ownership is permanently barred for violent offenses, severely limiting personal safety options or careers in security.
- Professional licenses in fields like healthcare, education, or law may be revoked or denied, and immigration status can be jeopardized, potentially leading to deportation for non-citizens.
- Employment challenges are profound, as background checks often reveal convictions, leading to discrimination in hiring—studies show felons face reduced callback rates for jobs.
- Housing opportunities dwindle, with many landlords rejecting applicants with violent records, exacerbating instability.
Social stigma compounds these issues, straining relationships and community ties, often resulting in isolation or mental health struggles. In Ventura County, where community networks are tight-knit, this can feel particularly acute. However, options like expungement or certificates of rehabilitation exist for some convictions, offering a path to reclaim rights, but they require clean records post-conviction and skilled legal advocacy to pursue effectively.
Recognizing these far-reaching impacts highlights why fighting charges aggressively from the start is vital to preserving your future.
Why Choose a Violent Crime Defense Attorney?
At Lessem, Newstat & Tooson, LLP, our team of dedicated criminal defense attorneys represents clients facing violent crime charges in Ventura and beyond, drawing on over 50 years of combined experience to deliver aggressive, personalized advocacy. We understand the nuances of criminal law, from dissecting prosecution evidence to challenging witness credibility, ensuring every angle is explored to protect your rights. Our attorneys, including seasoned trial lawyers like Jeremy Lessem and J. Tooson, have secured thousands of successful outcomes, including case dismissals and reduced charges in matters ranging from assault and domestic violence to more severe accusations.
We begin by conducting thorough investigations, often uncovering overlooked details that weaken the state’s case, while negotiating with prosecutors for favorable pleas or diversions when appropriate. In court, our expertise shines through strategic motions, expert witness testimony, and compelling arguments that humanize your story. For Ventura residents, our local presence means we’re familiar with county courts, judges, and procedures, giving us an edge in tailoring defenses to regional dynamics. Whether it’s mitigating sentences under California’s complex laws or pursuing appeals, we stand by you every step, committed to minimizing impacts and fighting for justice, because we know a charge doesn’t define you, but the right defense can redefine your outcome.
What Are Effective Ways to Defend Against Violent Crime Accusations?
Defending against violent crime charges requires a tailored approach, leveraging legal principles to cast doubt on the prosecution’s narrative. One cornerstone strategy is self-defense, where we argue that your actions were a reasonable response to an imminent threat, as permitted under California Penal Code Section 197; proving you feared for your safety and used proportionate force can lead to an acquittal in assault or homicide cases. Mistaken identity is another powerful tool, especially in chaotic incidents like bar fights or robberies, where eyewitness accounts are notoriously unreliable; we use surveillance footage, DNA evidence, or alibis to show you weren’t the perpetrator.
Lack of intent addresses the mental element required for many violent felonies; if the act was accidental or without malice, such as in a vehicular manslaughter charge, it can reduce severity or dismiss charges altogether. An alibi defense proves you were elsewhere during the crime, supported by timestamps, witnesses, or digital records, effectively dismantling the timeline.
Other tactics include challenging evidence admissibility (e.g., illegal searches) or advocating for diversion if mental health played a role. At Lessem, Newstat & Tooson, LLP, we craft these strategies with precision, often combining them for maximum impact, turning seemingly insurmountable charges into winnable cases through relentless preparation and courtroom prowess.
There is a lot at stake with a violent crime charge. Do not hesitate to contact Lessem, Newstat & Tooson, LLP for help minimizing the negative impact on your future.