May 3, 2018

Violent Crimes

Violent Crimes

A “violent” crime in California is codified in Penal Code section 667.5.  The most obvious are murder, attempted murder, voluntary manslaughter, robbery, kidnapping, carjacking, sex crimes, first-degree burglary, assault and battery, domestic violence, etc.   The penalties for a violent crime will depend if you have a prior criminal offense on your record, or if you used a weapon while committing the crime.  A violent crime may be filed as a felony or a misdemeanor.  Note that if you are not a legal citizen of this country, you will face immigration consequences if you enter a plea involving a violent crime regardless if it is a felony or a misdemeanor.

In many cases, law enforcement will try to “wrap up” the investigation quickly rather than thoroughly often leading to charging innocent people.  Also, aggressive prosecutors do over-charge cases resulting in exposure to jail and/or state prison.  Ms. Pascher has been successful in getting serious violent charges reduced, or dismissed.  Note that every case is different and Ms. Pascher does not guarantee the outcome of your case.  For this reason, it is extremely important that you hire an attorney that can painstakingly review the evidence provided by prosecutors and law enforcement, contact witnesses, and even gather additional evidence that is usually overlooked by the prosecution.

Due to the inherent nature of these offenses, California legislators have enacted statutes that increase the penalties and punishment.  You not only face jail time, but also monetary restitution to the victim.  If the victim has suffered any injuries that require medical treatment, you will be expected to reimburse the victim for all costs incurred, including time off work.

Because these are serious offenses that will likely be filed as a felony that requires you to serve time in state prison, it is imperative that all avenues of defense be explored.