Violent Crime charges in Los Angeles & Orange County

By definition, a violent crime is a behavior by persons against persons or property that intentionally threatens, attempts or inflicts actual physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record, will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws.

In Los Angeles and Orange County types of violent criminal charges include: arson, assault and battery, child abuse, domestic violence, guns, weapons & rifles violations, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

Assault and Battery Charges:

Assault and battery is the combination of two violent crimes: assault (the threat of violence) and battery (actual physical violence). The main distinction between the two offenses is the existence or nonexistence of touching and/or contact. While contact is an essential element of battery, there must be an absence of contact for assault. If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

Battery requires no minimum degree of force, nor does it need to be applied directly; i.e. administering poison and transmitting a disease may both be legally considered as battery. Accidents and ordinary negligence are not, nor is reasonable force used in the performance of duty (e.g., by a police officer trying to subdue an offender). Assault and battery are offenses in both criminal and tort law and can give rise to criminal or civil liability. In criminal law, an assault may additionally be defined as any attempt to commit a battery.

Child Abuse Charges:

Child abuse is the physical or psychological mistreatment of a child by his or her parents (including adoptive parents), guardians, or other adults. While this term emphasizes on carrying out wrongful acts, a related term is child neglect, or child negligence. Child abuse occurs in all classes of society and carries severe criminal charges.

Domestic Violence Charge:

Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking.

It is a frequent pattern in domestic violence cases for the victim to be abused, call the police, press charges, then reconcile with the abuser and seek to have the charges dropped--only to have the entire process repeated. Because of this, in some local communities and states, domestic violence is now prosecuted as a crime by city and district attorneys, even without charges being filed by the victim.

Hate Crimes:

Hate crimes (also known as bias crimes) are violent crimes and are common in Los Angeles, hate speech or vandalism, motivated by feelings of enmity against an identifiable social group.

Current legislation allows federal prosecution of a hate crime if the crime was motivated by race, religion, national origin, or color. In addition, the assailant must intend to prevent the victim from exercising a federally protected right. The Hate Crimes Prevention Act of 1999, passed by the Senate in July 1999, seeks to expand federal jurisdiction over these crimes.

Homicide Charges in Los Angeles:

One of the most serious areas of violent crime in Los Angeles & Orange County is homicide: killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful. Unlawful homicide comprises the two crimes of murder and manslaughter.

Guns, Weapons & Rifles Charge:

Guns, Weapons and Assault Rifle charges need to be taken very seriously. The earlier you talk to a lawyer and prepare a strong defense, the better chance you'll have of fighting the charges. The laws have become - and are still becoming - more severe concerning individuals charged with committing crimes while using a gun. The laws not only require mandatory prison time when a gun is used, but longer sentences as a result of using a gun. Weapons and gun charges can greatly impact your freedom, and your future, if not vigorously defended by an experienced criminal defense attorney.