Posted on March 13, 2017
Violent Crimes Q&A
Because violent crimes endanger the lives, well-being, and safety of other people, prosecutors, judges, and law enforcement have zero tolerance for violent offenders in our society. Consequently, you may find yourself facing substantial time in prison. Therefore, it’s important to retain and aggressive and experienced Orange county violence crimes attorney to defend your rights and explore all defenses.
What types of violence crimes does your firm handle?
What are the penalties if convicted of a violent crime?
Many violent offenses are felonies ordinarily punishable by a minimum of 16 months in state prison. Additional penalties include: probation, large fines, restitution, community labor, and counseling. More precise penalties, and the severity of the offense, will vary depending on the particular crime itself. Moreover, your prior criminal history and whether any bodily injury resulted from your conduct are important issues to address when determining punishment.
What is a Strike Offense?
A common misconception is that all felony offenses are considered a strike. In California, strikes are labeled as either violent or serious. Ordinarily, strike offenses contain aggravating circumstances or involve the use of violent that elevates the felony into a strike felony. Consequently, the prosecutor alleges a sentencing enhancement that will grossly affect a sentence if another felony is committed in the future.
A strike is permanent that cannot be dismissed or nullified through the passage of time. However, there are ways to dismiss the sentencing enhancement in the interests of justice if the judge determines certain factors and circumstances are found.
California follows a three-strike scheme. In other words, if a person is convicted of three strike offenses, they face 25 years to life. Strikes also affect a defendant’s sentencing credits. Moreover, a conviction for a violent felony requires a person to serve 85% of their sentence whereas a serious felony conviction allows a person to serve only 50% of their sentence.
What Sentencing Enhancement Apply to Violent Offenses?
- Firearm Enhancement
- Criminal Street Gang
- Great Bodily Injury
- Prison Prior
What is formal probation?
A violent crime conviction typically carries a period of formal probation. Formal probation is more intensive supervision requiring monthly check-ins with your probation officer and you can be subjected to random home/probation compliance searches. Ordinarily, formal probation is the product of a felony conviction, but can be ordered for some misdemeanor offenses. When probation is granted, this means the defendant is not sentenced to state prison. But a probation violation can result in the court revoking probation and sentencing the defendant to state prison.
Contact Us to Schedule a Free Consultation
If you have been arrested or accused of any form of violent crime in Orange County, California, our office can help. Several questions arise and our office will provide those answers. We provide free confidential case evaluations and listen to your side of the story to help mount your defense. Contact an Orange county criminal defense lawyer at the Law Offices of John D. Rogers.