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Violent and Weapons Crimes Defense in California

Updated: Apr 21

The Most Common Defense For Violent Crimes In California

If you have been arrested for a violent crime or are the subject of a federal violent crime investigation, you will need the legal assistance of an experienced California Criminal Defense Attorney to offer the best possible defense and increase your prospects of a good resolution in your case.

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Murder, manslaughter, assault and battery are among the most regularly prosecuted crimes in the United States. When these crimes are prosecuted as federal felonies, the penalties connected with a conviction can be severe, culminating in years in prison, a life sentence, or even the death penalty in the most extreme cases.

When you are charged with a state crime, your case will be prosecuted in state court; but, if you are charged with a federal crime, it is because you broke federal law, and your case will be prosecuted in federal court by a federal prosecutor representing the United States Attorney's office.

The federal court system operates under a different set of rules and processes than state courts, so be sure you have a CA Criminal Defense Attorney on your side who is licensed and prepared to face federal court challenges. Federal charges often carry bigger penalties and longer sentences than state-level charges, with the potential for life in federal prison or even the death penalty; thus, the stakes in a federal criminal prosecution are quite high.

Violent Crimes of Different Types

Any criminal act that is inherently violent, meaning the party accused of committing a crime used or attempted to use force against the alleged victim, is classified as a violent crime. Section 16 of Title 18 of the United States Code defines a "crime of violence" as follows:

an offense involving the use, attempted use, or threat of using physical force against another's person or property.

Any other felony offense that, by its nature, has a considerable risk of using physical force against another's person or property in the course of perpetrating the offense.

The following are some examples of violent offenses that can be prosecuted in federal court:

The intentional and criminal murder of a human person.

Without malice, the unlawful death of a human being

An act or threat of violence on another individual.

  • Aggravated assault

An attack or attempted attack with a weapon, or an attack without a weapon, on another person that ends in significant bodily injury.

  • Sexual assault

Performing a sexual act on another individual without their permission

  • Rape

Sexual intercourse that is induced by physical or psychological coercion.

  • Kidnapping (Abduction)

The illegal removal of a person from one location to another against their will.

  • Offenses involving weapons

Crimes involving the use of a firearm in an unauthorized manner

The unlawful killing of another person. Homicide is usually the result of other circumstances and can be charged regardless of the defendant's intent.

  • Armed robbery

Taking or attempting to take something of value with the use of force or threat of force, or by putting the victim in dread of his or her life.

What Constitutes a Federal Offense for a Violent Crime?

State courts handle most violent crimes in Los Angeles. Still, in some circumstances, such as those involving organized crime, kidnappings, mass killings, serial killings, or sniper murders, federal authorities may become involved.

Gang violence, hate crimes, terrorist activity, and violent crimes against minors may all result in federal action and prosecution, according to the FBI, which "continues to play a significant role in combating violent crime in large cities and local towns across the United States." Furthermore, you can be charged with a federal offense if you are accused of breaking federal law, committing crimes on federal property, or committing a crime that crosses state lines.

Violent Crimes Prosecution

Any violent crime is serious, but those prosecuted at the federal level are even more so, and anyone charged with a violent offense in federal court will almost certainly face harsh punishment under federal sentencing guidelines. This is because violent crimes are often regarded as morally reprehensible crimes deserving of the most severe penalty, and the stakes are higher than ever when a person is suspected of committing a violent crime in violation of federal law.

If you are facing charges in federal court, a conviction for a violent crime can result in years in prison, a life sentence, or even the death penalty, depending on your prior history and the severity of the charges against you.

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Violent crimes are frequently linked to drug and weapons offenses, such as drug possession, transportation, manufacturing, or distribution, as well as firearms and other dangerous weapons, and if you are charged with several criminal activities of this nature, you may face harsher punishments if convicted. Individuals charged with weapons-related offenses may be liable to confiscation of any money or assets involved with the criminal behavior they are accused of the undertaking, in addition to suffering serious criminal penalties. Anyone sentenced to a violent offense charge in federal court has a lifelong criminal record that would show up on every background check conducted by a future employer or landlord.

Defending People Charged with Violent Crimes

Charges of a violent crime put your liberty and reputation in jeopardy, but it's vital to know that being suspected of a violent crime does not always imply you'll be proven guilty and sentenced to prison. When it comes to prosecuting violent crimes in federal court, federal prosecutors have the whole might of the government on their side, as well as access to practically limitless resources to obtain convictions and impose harsh penalties on offenders. Even in the most extreme cases of violent crime, the prosecution bears the burden of proof, which means that the government can only prove its case and obtain a conviction if it can prove all of the offenses beyond a reasonable doubt.

If you are suspected of murdering someone in violation of federal law, the government can only convict you if it can show that you did so with "malice aforethought," which is one of the most significant parts of a murder accusation. The intent to kill or inflict injury is known as malice aforethought, and if the prosecution is unable to prove this element, you cannot be found guilty of murder.

In Los Angeles, violent crimes such as assault, battery, and weapons violations are not uncommon, but far too frequently, violent crime accusations are based on circumstantial evidence and shoddy investigative procedures, resulting in innocent people being charged with major crimes they did not commit. And, as a result of the federal government's excessive prosecution, many of these individuals are falsely convicted and sentenced to years or lives in prison, or, if the prosecution seeks the death penalty, to death.

Being charged with a federal crime can be terrifying and scary, and it's natural to believe the prosecution's case against you is unbeatable. However, your L.A. Criminal Defense Attorney can always utilize a defense strategy to contest the prosecution's evidence or reduce the implications of a conviction. For a murder case, the following are some possible defense strategies:

  • You were acting in self-defense or protecting someone else.

  • The claimed victim made a false accusation against you.

  • You've been duped into thinking you're someone else.

  • You had no intention of injuring or killing the other individual.

  • An accident resulted in the death of the victim.

  • The prosecution does not have sufficient evidence to prove your guilt beyond a reasonable doubt.

  • The evidence used against you by the prosecution was collected through an illegal search of your home.

When you are charged with a federal violent crime, such as murder or a weapons offense, you must do all possible to ensure your success from the start, which includes hiring a California Criminal Attorney with a track record of successfully defending clients charged with violent crimes in federal court.

You have the right to a Defense Attorney under the United States Constitution, and there is no substitute for talent, confidence, and years of practical experience when it comes to picking the finest possible attorney to defend your defense in a federal violent crime case.

Our prescreened California Criminal Defense Attorneys are dedicated to providing clients with high-quality legal counsel and individualized service, and they will work relentlessly to ensure that you understand the charges against you, your legal rights and alternatives, and what to expect from the federal court process.

Charges of Murder and Homicide

State and federal laws punish criminal homicide more severely than nearly any other crime, and you could be prosecuted with a federal offense if you are suspected of manslaughter or murder in violation of federal law. A federal criminal charge of murder or manslaughter can result in a possible life term, as well as severe fines and other punishments, and in the most egregious cases, the death penalty. Our prescreened California Criminal Defense Lawyers understand the damage that federal murder and homicide accusations can cause for defendants and their families, and they fight these cases to the finish. There is no time to spend if you have been charged with criminal homicide.

Murder and manslaughter cases are usually high-profile, emotional cases and federal prosecutors are under a lot of pressure to make progress in their federal investigation of criminal murder acts so that criminals can be brought to justice and the public can have some peace of mind. Unfortunately, because of this, it is very uncommon for overzealous federal prosecutors seeking to solve a killing to indict and convict innocent people for manslaughter or murder.

You need a defense counsel with vast expertise representing clients in federal court to safeguard your legal rights and prevent a criminal conviction for murder or manslaughter. There is no substitute for experience, devotion, and years of expertise when it comes to protecting yourself against federal murder or manslaughter allegations, and that is exactly what Defense Lawyers can help you with.

In any federal criminal case, especially manslaughter and murder cases, the stakes are exceedingly high, and the last thing you want to do is put your life in the hands of a California Criminal Defense Attorney who has never tried a case in federal court. When you are charged with a federal crime, such as murder, your future, freedom, and life are on the line, and unless you have the assistance of a Los Angeles Criminal Attorney who is fully equipped to confront the particular problems of federal criminal defense, you might be convicted of a major federal felony.