In California, specific crimes are designated as violent felonies. These crimes include crimes like armed robbery, murder, kidnapping, and so on. In Santa Ana, facing violent crimes charges can be a devastating ordeal for anyone, especially someone without legal help. Thus, you should immediately speak to a violent crimes attorney if you have been charged with these crimes.
At the California Criminal Lawyer Group, we believe that every defendant should have an excellent defense. That's why we are committed to providing the best defense to all our clients. Schedule an appointment with us today, and let's help you through your situation.
Definition and Types of Violent Crimes in California
Under California Penal Code 667.5, a violent crime is any type that counts as a "strike" under California's three-strikes law and has prison term enhancement, apart from the consequences of a conviction for that particular crime. These types of crimes are charged as felonies, and that's why they're referred to as violent felonies. The following is a detailed look at common violent felonies under Penal Code 667.5.
California Penal Code 187: Murder
California Penal Code 187(a) defines murder as the unlawful killing of a fetus or human being with malice afterthought. It's the most aggravated form of homicide in California. It distinguishes itself from manslaughter in that there is malice afterthought in the commissioning of this crime.
Malice aforethought refers to acting in a manner that shows a wanton disregard of another person's life and in a manner with a high probability that it will end up in death.
California murder laws categorize murder into different classifications. These categories are as follow:
First-Degree Murder
First-degree murder involves the following five aspects:
- Using a destructive explosive or device, ammunition, a weapon of mass destruction, or poison to kill someone
- By lying in wait for the target person
- Inflicting torture on someone
- Premediating a killing, willfully or deliberately
- Killing someone while committing a particular felony
Capital Murder
Capital murder refers to first-degree murder punishable by a death penalty or life imprisonment without parole. It's also referred to as first-degree murder with particular circumstances.
Second-Degree Murder
Second-degree murder refers to a willful killing of a human being or fetus without premeditation or deliberately doing the action. Therefore, it can be described as any form of murder that does not count as first-degree murder. Some of the examples that fall under this category include:
- Firing your gun unintentionally at a crowded place and killing someone as a result
- A person with previous DUI charges killing someone due to driving under the influence
- Sucker-punching a small inebriated person and causing that person to fall on his head leading to his death
The Felony Murder Rules
Felony murder refers to killing someone while committing a dangerous felony. For instance, when a robber shoots at a cashier when she tries to reach out to her phone, this action falls under the felony murder rule.
However, you should note that the felony murder rule doesn't count unless the victim was an officer who was on duty. It also applies to instances that fit the description of both first and second-degree murder.
First-degree Felony Murder
The first-degree-felony-murder rule applies when a defendant kills another person while commissioning any of the following crimes:
- Burglary
- Arson
- Carjacking
- Robbery
- Kidnapping
- Rape
- Oral copulation
- Lewd act with a minor
Second-degree-felony Murder Rule
The second-degree felony murder rules are felonies that aren't inherently dangerous and are not part of the first-degree felony murder rule.
There are no specific felonies listed under the second-degree felony murder rule. That's why the court applies it on a case-by-case basis.
Penalties for Murder in California
The penalties that apply in a murder conviction depend on whether it's first-degree, second-degree, or capital murder.
First-degree murder is punishable by 15 years-to-life imprisonment. If the murder is part of a hate crime, the penalty is life imprisonment without parole. Hate crime refers to any crime made based on the alleged victim's gender, sexual orientation, disability, race, or religion.
Capital murder is a homicide in California punishable by life imprisonment without parole.
Second-degree murder is punishable by 15 years-to-life of imprisonment. However, some aggravating circumstances can increase your sentence. These factors include:
- Life imprisonment without parole for a defendant who has served a previous murder sentence
- 20 years-to-life for a defendant charged with drive-by-shooting that resulted in serious injuries
- 25 years-to-life if the victim was a peace officer
- Life imprisonment without parole if the victim was a police officer and you intended to kill him, inflict substantial bodily injury, or kill using a deadly weapon
Apart from the penalties described above, California murder laws can also result in additional sentences that include:
- Addition of ten, twenty, or twenty-five years to life imprisonment for using a firearm
- Inclusion of a "strike" under the California three-strike law
- A fine of up to $10,000
- Loss of your right to own or possess a firearm
California Penal Code 203: Mayhem
Mayhem refers to doing any of the following maliciously or unlawfully:
- Depriving a body part like a limb
- Disfiguring, disabling, or rendering a part of the body useless
- Disabling or cutting another person's tongue
- Putting out another person's eye
- Slitting the ear, lip, or nose of another person
Please note, "aggravated mayhem" is defined under California Penal Code 205 rather than Penal Code 203. It consists of intentionally disfiguring, disabling, or depriving another person of his limb or an organ.
Prosecutors can only charge you with mayhem if your actions were malicious. "Malicious" refers to doing anything intentionally or acting to injure or annoy someone else. Therefore, you aren't guilty of mayhem if your actions were accidental.
Penalties for Mayhem in California
Mayhem in California carries the following sentences:
- Formal or felony probation
- 2, 4, or 8 years of imprisonment
- A maximum fine of $10,000
You can also face an enhanced sentence if the alleged victim if:
- Blind or deaf
- Below 14 years
- 65 years old
- Developmentally disabled
- A person with quadriplegia or paraplegic
If any of these above people are involved, you will receive a one or two years sentence enhancement, as long as you knew about those facts about the victim.
Mayhem can also add a "strike" under California's three-strikes law since it's a violent felony. Therefore, if you were previously convicted for mayhem, a second conviction will carry twice the sentence for that second offense. Accumulating a third "strike" carries twenty-five years to life imprisonment.
California Penal Code 261: Rape
Under Penal Code 261, rape refers to using force or fraud to engage in unconsented sex with another. This statute also refers to rape as having non-consensual intercourse with someone who cannot consent due to a mental disorder, intoxicated, or unconscious of the act.
Penalties for Rape in California
Rape carries the following penalties:
- Imprisonment for a maximum of eight years
- Formal probation
You can also face an addition of three to five years of imprisonment if the victim suffered substantial bodily injury in the commissioning of the offense.
Prison time can also increase to 11 years when the victim was a child below 18 and 13 years when the victim was below 14 years. You will also require to make a lifetime sex offender registration.
California Penal Code 286: Sodomy
Penal Code 286 defines sodomy as any form of unconsented contact between one person’s penis and another person’s anus. Please note, anal-copulation between two consenting adults is legal in California. It only becomes illegal if one of the people involved doesn't consent to the act or involves children.
California Penal Code 286, specifically section(i), also makes it a crime to molest an intoxicated person. Section (g) and (h) make the action illegal for people who are mentally disabled, and section(f) makes it illegal to molest an unconscious person.
You should note that the prosecution can introduce evidence of a perpetrator's past sexual misconduct as an element of the crime. However, California's rape shield law protects the use of an accused's past sexual reputation or sexual conduct in a sodomy case.
Penalties for Sodomy in California
There are different forms of sodomy in California. Each of these forms carries its punishment. However, three of them under subsection(b)(1): Engaging in sodomy with a minor, Section(e): Sodomy with a fellow jail or prison inmate, or section(h): sodomy with a hospital patient or fellow psychiatric are wobblers.
A misdemeanor conviction of any of these crimes is punishable by:
- Summary or informal probation
- A maximum of one year of custody in county jail
- A fine of up to $1,000
A felony conviction is punishable by:
- Formal probation
- Imprisonment for 16 months, two years, or three years
- A fine of up to $10,000
Felony Sodomy Conviction
The remaining forms of sodomy are straight felonies. Therefore, prosecutors can't reduce them to misdemeanors like the ones described above. Each of these sodomy convictions carries the same felony sentences described above. The only exceptions include California Penal Code 286(b)(2), Penal Code 286(d), and Penal Code 286(c).
The penalties for violating California Penal Code 286(b)(2) are 16 months, two years, or three years of imprisonment and other felony sentences provided above.
Violation of California Penal Code 286(d): Engaging in sodomy by conspiring or abetting with another person is punishable by 5,7,9 years of imprisonment and other felony sentences listed above.
Violation of California Penal Code 286(c): Sodomy with a child below 14 years is punishable by imprisonment for 3,6, 8 years, and other felony penalties listed above.
Apart from the penalties described above, defendants might have to pay compensatory damages to the victim in a civil lawsuit. Therefore, the defendant might end up paying:
- Medical bills
- Psychological counseling bills
- Lost wages
- Pain and suffering
- Punitive damages
As an extra punishment for sodomy.
California Penal Code 287: Oral Copulation
California Penal Code 287 defines oral copulation as the non-consensual contact between a person's mouth and the anus or genitals of another. This action becomes illegal when it's a result of duress, menace, violence, or fear, or threat. It's also illegal if one of the parties was unconscious, intoxicated, or couldn't legally consent to the action.
The Penalties of Oral Copulation in California
Oral copulation in California is punishable by:
- Formal or felony probation for cases involving oral copulation of a disabled person
- Imprisonment for 3,6, or 8 years
- A maximum fine of $10,000
Oral copulation involving a minor carries harsher sentences that include:
- 6,8, or 10 years of imprisonment if the child was 14 years old or older at the time of the offense
- 8,10, or 12 years of imprisonment if the child was below 14 years at the time of the offense
Further, the penalties for oral copulation increases if the crime involved the use of force or fear or was conducted with an accomplice. The penalties increase into:
- 5, 7, or 9 years if the alleged victim was a minor
- 8, 10, or 12 years if the alleged victim was a minor at 14 years or older
- 10, 12, or 14 years if the alleged victim was a minor below 14 years
A conviction for oral copulation also requires the defendant to register as a tier-three sex offender.
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California Penal Code 288: Lewd Act on a Child Below 14 Years
California Penal Code 288 defines a lewd act with a child as touching a child below 14 years for sexual purposes. You can also be charged under this statute if you cause a child to touch him or herself or touch you for sexual purposes.
You should note that actual arousal is not required to be prosecuted under this statute.
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The Penalties for Lewd or Lascivious Acts on a Child
The penalties for lewd act on a child depends on the following factors:
- The child's age
- Whether you accomplished the lewd act through threats, coercion, or violence
- Whether there is an identifiable pattern in the lewd acts
- Whether the child is 14 or 15 years younger than the defendant
Below is a breakdown of the penalties that apply based on the circumstances of this offense.
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Penalties for Lewd Act on a Child Below 14 Years with No Force Used
Lewd act on a child below 14 years with no force used is punishable by:
- 3,6, or 8 years of imprisonment
- Formal or felony probation
- A maximum fine of $10,000
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Penalties for Lewd Act on a Child Below 14 Years when Force is Used
The penalties for lewd act on a child below 14 years when force is used is punishable by:
- 5,8, or 10 years of imprisonment
- A maximum fine of $10,000
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Penalties for Lewd Act on a Child Below 14 Years with Infliction of Bodily Harm
A lewd act on a child under 14 years that involves the infliction of bodily harm is punishable by life imprisonment.
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Penalties for Lewd Act on a 14 or 15-Year-old Child with a Defendant Who's Ten Years Older
Lewd act on a 14 or 15 years old child with a defendant ten years older is punishable by:
- 1, 2, or 3 years of imprisonment
- A maximum fine of $10,000
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Penalties for Lewd Act with Force by A Caretaker of a Dependent Person
Lewd act on a dependent person is punishable by:
- 5,8, or 10 years of imprisonment
- A maximum fine of $10,000
Additional Consequences of Lewd Act
There are numerous collateral consequences associated with a conviction for a lewd act on a minor. These includes:
- Loss of professional licenses if you practice medicine or law
- Loss of your right to own or possess a gun
- Removal or marking as inadmissible into the United States
Registration as a California Sex Offender for Lewd Act on a Minor
The registration as a sex offender for violating this statute depends on the severity of your case. A first-time offender is required to register as a tier 2 offender. A tier 2 offender’s minimum registration period is twenty years.
Anyone convicted for a second or subsequent lewd act on a minor must register as a tier 3 offender. A tier 3 offender requires to register for a lifetime.
California Penal Code 211: Robbery
California Penal Code 211 defines robbery as the felonious taking of another person's property from that person or immediate presence against that person's will by force or fear. A prosecution under this statute can occur even after gaining possession of a property and moving it a slight distance.
You should also note that the property in question doesn't necessarily have to be within the immediate presence of the alleged victim. You can face prosecution even when the alleged victim has control or right to control the property at a different location. This is referred to as constructive possession.
Penalties for Robbery in California
In California, the penalties for robbery depend on whether you're charged with a first-degree or a second-degree robbery.
A first-degree robbery conviction occurs when any of the following is true:
- The victim is a passenger or driver of a streetcar, taxi, bus, subway, or any other means of transportation
- The robbery took place in an inhabited trailer, boat, or house
- The robbery took place immediately after the victim used an ATM
First-degree carries the following penalties:
- Formal or felony probation
- Imprisonment for 3,4, or 6 years
- A maximum fine of $10,000.
A second-degree robbery is any form of robbery that does not fit the description of a first-degree robbery. It carries the following penalties:
- Felony probation
- 2, 3, or 5 years of imprisonment
- A maximum fine of $10,000
A defendant can face several counts of robbery charges depending on the number of victims involved, not the number of items involved. Therefore, if you used fear or force on two people to take a wallet from one of them, you'll be charged with two counts of California robbery.
Sentencing Enhancement in Robbery Conviction in California
A variety of sentencing enhancements may add to your robbery conviction. These sentencing enhancements are as follows:
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Great Bodily Injury Enhancement
If you cause substantial bodily injuries to another person, you’ll face an addition of three to six years of imprisonment.
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10-20 Life Use of a Gun and You're Done
"California 10-20 life use of a gun and you're done" subjects you to longer sentences if you use a gun during a robbery. These additional sentences include:
- Ten years if you used a firearm in the robbery
- Twenty years if you intentionally fired a gun during the robbery
- 25 years-to-life for causing substantial bodily injury or death with a gun during the robbery
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California's Three Strike Law
Robbery is regarded as a violent felony, meaning that it carries a "strike" under California's three-strike law.
California Penal Code 451: Arson
California Penal Code 451 defines arson as maliciously setting fire or burning or aiding in setting fire on a property, forest land, or any structure. Under California laws, a "structure" refers to any power plant, public or commercial tent, tunnel, bridge, or power plant. It also refers to fixtures that are crucial parts of a building as structures.
Under this statute, a forest land refers to a forest, cut-over land, bush-covered land, or woods. The term "property" refers to personal property other than land or forest land. This includes items like trash and clothing.
Penalties for Arson in California
Arson is a felony in California. The punishment for arson depends on the property involved and whether anyone suffered a burn injury. Therefore, you'll face the following penalties based on these two aspects:
- 16 months, two years, or three years of imprisonment for arson on another person's personal property
- 2, 4, or 6 years of imprisonment for arson on forest land or structure
- 3, 5, or 8 years of imprisonment arson on an inhabited property or inhabited structure
- 5, 7,9 years of imprisonment for causing substantial bodily injury
Find a Santa Ana Criminal Defense Attorney Near Me
It's essential to seek help from a criminal defense attorney with extensive experience in handling cases of violent crimes. If you're under investigation or have been arrested for any violent crime in Santa Ana, CA, the California Criminal Lawyer Group is here to help. Our attorneys understand the serious nature of a violent crime and know how to defend you and resolve your case in the best possible way. Contact us today at 714-844-4151 and schedule a free non-obligatory appointment.
