Being accused of a violent crime in California is not just frightening—it’s life-changing. These offenses are among the most aggressively prosecuted and harshly punished in the state. Whether you’re facing charges for assault, arson, or something as serious as murder, the legal stakes are high and the path forward can feel uncertain.
At Simmons Wagner, LLP, we know that every story has two sides. And if you’ve been arrested or are under investigation for a violent crime, understanding the charges, your rights, and your legal options is the first step toward protecting your future.
What Is Considered a Violent Crime in California?
Under California law, violent crimes are defined as acts that involve the use of force or the threat of force against another person. The California Penal Code outlines 23 crimes categorized as “violent” for sentencing purposes, particularly in relation to the state’s Three Strikes Law.
Common Violent Crimes Include:
- Murder and Attempted Murder
- Assault and Aggravated Assault
- Battery
- Rape and Sexual Assault
- Arson
- Kidnapping
- Robbery
- Mayhem
- Domestic violence involving injury
- Weapon possession during the commission of a crime
The classification of a crime as “violent” affects bail eligibility, sentencing enhancements, parole eligibility, and future charges—making it essential to fight these accusations head-on.
The Role of Intent and Injury
In many violent crime cases, prosecutors must prove intent—that you knowingly committed an act designed to cause harm or fear. However, actual injury isn’t always required. For example:
- Threatening someone with a weapon can result in assault with a deadly weapon, even if no physical harm occurs.
- Attempted crimes like attempted murder or attempted robbery are treated almost as seriously as if they had been completed.
This makes it possible for false accusations or misunderstandings to escalate quickly into serious felony charges.
How False Accusations Happen
Not every arrest reflects what really happened. False accusations can arise from:
- Mistaken identity
- Self-defense misinterpreted as aggression
- Exaggerated police reports
- Domestic disputes or child custody battles
- Witnesses with personal bias or unclear memories
At Simmons Wagner, LLP, we carefully investigate the facts behind every accusation, scrutinizing witness credibility, police conduct, and physical evidence. Our goal is to uncover the truth and push back against charges that lack merit.
What Are the Penalties for Violent Crimes?
The penalties for violent crimes vary widely depending on the nature of the offense, use of weapons, criminal history, and whether serious bodily harm occurred. Convictions can include:
- Years or decades in prison
- Strike enhancements under California’s Three Strikes Law
- Loss of gun ownership rights
- Deportation for non-citizens
- Restitution and massive fines
Even after serving time, individuals with violent crime convictions face significant barriers to employment, housing, and education.
Legal Defense Strategies
Every violent crime case is unique, and so are the defense options. Depending on the situation, your attorney may argue:
- Self-defense or defense of others
- Lack of intent to harm
- Innocence or alibi
- Police misconduct or illegal search and seizure
- Mental health considerations
Working with a skilled criminal defense attorney ensures that no legal option is left unexplored.
Don’t Wait to Protect Your Rights
If you’ve been charged with a violent crime in California—or suspect you’re under investigation—it’s critical to seek legal counsel immediately. The earlier you act, the more control you have over the outcome.
At Simmons Wagner, LLP, we bring deep experience and aggressive advocacy to every case. We know how to challenge evidence, expose weaknesses in the prosecution’s arguments, and fight for the best possible result—whether that means dismissal, reduced charges, or a strong defense at trial.
Call Simmons Wagner, LLP today at (949) 439-5857 to schedule your confidential consultation. Your freedom, reputation, and future are worth fighting for.