San Rafael Violent Crimes Attorney
Offering Aggressive Defense for California’s Most Serious Charges
Violent crimes are, by definition, among the gravest accusations anyone can face. Allegations have severe consequences that could potentially take away someone’s freedom for many years.
Your future is too precious to put in the hands of inexperienced legal counsel. At Chambers Defense, you can be assured that you will receive determined and intelligent defense. Attorney Peter James Chambers believes all defendants are entitled to skilled representation.
Our violent crimes lawyer in San Rafael has defended residents of San Rafael, Marin County, Novato, Petaluma, and Richmond since 2018.
If you are implicated in a violent crime, contact us right away.
Battery
Battery is defined in the California Penal Code as “any willful or unlawful use of force or violence upon the person of another.” While the terminology is confusing, assault is defined as attempted violence while battery is the violent act. For example, if you were to take a swing at someone and miss, you could be charged with assault. If you land the punch, you could be charged with battery. Battery also is applicable to any non-consensual touching.
Depending on the extent of the injury to the alleged victim, someone accused of battery may be charged with either a misdemeanor or felony (aggravated battery).
Mayhem
Merriam-Webster defines mayhem as “needless or willful damage or violence; a willful and permeant deprivation of a bodily member resulting in the impairment of a person’s fighting ability; willful and permanent crippling, mutilation, or disfigurement of the body.” It is this definition that resembles the legal definition in the Golden State.
The crime of mayhem is a possible charge when the battery disables or disfigures the other person. The charge can be upgraded to aggravated mayhem when the alleged perpetrator intentionally causes the permanent disability.
Resisting
Resisting the orders of a peace officer or an EMT (emergency medical technician) can land someone in legal jeopardy. This charge can be handed down even if you are not ignoring direct orders. If your conduct/behavior restricts or delays an officer from performing their duties also qualifies as resisting.
Stalking
California has been at the forefront of stalking laws in the United States. The Golden State passed the first anti-stalking law in the country in 1990. A federal stalking law was enacted in 1996, and now all 50 states have a similar law on their books. The state’s stalking law had narrow parameters in the beginning. A “credible threat of death or great bodily injury” was required before stalking charges could be imposed. The law was amended in 1994 and 2002 to broaden the definition.
Today, a person can be charged with stalking if they allegedly repeatedly (more than once) followed or harassed another person, made a credible threat, and the target was in reasonable fear of their life or safety or of that of immediate family members. Cyberstalking – using an electronic medium – is also a crime.
Stalking and cyberstalking are wobbler offenses that can be charged as misdemeanors or felonies.
Robbery
Unlike theft and burglary, robbery occurs when someone takes the property of another by force. Intimidating a victim to hand over their property by using a weapon or threats falls under this definition. Simply pretending you have a gun while telling the other person to give you the money they just withdrew from the ATM is also robbery.
Robbery is either a first-degree or second-degree felony, depending on specific circumstances. First-degree robbery can mean up to 9 years in state prison.
Criminal Threats
Criminal threat is an umbrella term that refers to threatening, stalking, or terrorizing. Whether in person, by text, in a written letter, or in a phone call, any communication that endangers someone’s life or safety may be considered a criminal threat. The details of the threat can lead prosecutors to charge it as either a felony or a misdemeanor.
Violent Crime Accusations in San Rafael Require Serious Criminal Defense
Many violent crimes carry significant prison sentences and fines. Depending on the circumstances, some violent crimes can be downgraded to misdemeanors or dismissed altogether – if you have the right defense attorney.
If you are implicated in a violent crime, there is no time to waste. Contact our violent crime attorney in San Rafael as soon as possible so that he can quickly begin to protect your rights and devise a defense plan to lessen or eliminate potential consequences.
To schedule a free case consultation, contact us online or call (415) 423-2828.