Pomona Violent Crime Defense Lawyer
Both California and New York aggressively prosecute violent crimes and severely punish the people they convict. Being found guilty can lead you to spend years in jail and face collateral consequences upon release. Having a violent crime on your criminal record can bar you from employment opportunities, housing, and college admission. It could also eliminate your rights to child custody or to own a gun, and it can even increase the severity of future charges.
If you are under investigation or have been charged with a violent crime, you need an attorney that can fight to defend your rights and freedom. At Lucero, PC, we take our role as your defense attorney seriously and treat your case with the individualized care it deserves. With so much at stake, do not wait to contact us. The more time you give our violent crime defense lawyer in Pomona to learn about your story, gather evidence, and build your case, the better. Get in touch with us today to schedule a free consultation to discuss your case and how we might help you.
Call (213) 668-7779 or contact us online.
Common Violent Crimes
California and New York put significant resources into investigating and prosecuting all types of violent crime.
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The Ham Sandwich: An Indictment
In 1985, Sol Wachtler, then the Chief Judge of the Court of Appeals for the State of New York, famously opined that a grand jury would indict a ham sandwich if asked to do so. This statement was ...
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Complaint, Indictment, Information – What's the Diff?
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Before a criminal Defendant can be found guilty, the prosecutor must have convinced the fact-finder at trial that the Defendant is guilty “Beyond a Reasonable Doubt”. The “Beyond a Reasonable Doubt” ...
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Consult Our Violent Crime Defense Attorney Today
The laws that govern how the state punishes violent crimes are complex and the types of charges vary widely. As a result, you need a tailored defense strategy from an attorney who will hear your story and work tirelessly to gather information and evidence that could further your case. When we advocate for you in court, we can contend that you acted out of self-defense, the prosecution’s evidence is insufficient, or other arguments that we have seen work. As soon as you are aware that you could face charges, or even if the prosecution has already filed charges against you, contact Lucero, PC.
Schedule a free consultation with us by calling (213) 668-7779 or contacting us online.
Common types of violent crimes we handle include:
- Kidnapping
- Attempted murder
- Murder
- Manslaughter
- Assault
- Assault with a deadly weapon
- Battery
- Rape
- Robbery
- Burglary
It is important to note that many of these crimes are umbrella terms. The type of charge you could face for something like murder depends on the circumstances of the alleged offense. For example, California separates murder into the first and second degrees. If the prosecution has evidence that a murder was both premeditated and deliberate, they will press first degree murder charges. If they have evidence that the crime was deliberate, they can press second degree charges.
As another example, New York differentiates between types of kidnapping. It could be either a Class A misdemeanor or a Class E felony to restrain someone and move them without their consent. When a person hides another and keeps them under their control by force or the threat of violence, the prosecution may pursue Class B or Class A-I felony charges.
In court, the prosecution must provide evidence to prove that you have committed the crime that corresponds with the charges they have filed. Our Pomona violent crime defense attorney can counter or dispute evidence the prosecution provides and argue that either the charges are too severe or that they should be dropped.
Sentence Enhancements
Both California and New York laws enhance the potential sentences for crimes when the prosecution provides evidence of what is called an “aggravating factor.”
Common aggravating factors include:
- Using a weapon during the offense
- Deliberately committing a violent offense against someone because of their race, gender, sexuality, nationality, religion, or other protected aspects of identity
- Having a criminal record
- Committing a violent offense as part of a gang operation
Just like the alleged offense itself, a prosecuting attorney typically must prove that an aggravating factor was a part of the crime beyond a reasonable doubt. If they do this, they can increase the penalties for conviction.
California’s Three Strike Law
California’s three strike law enhances sentences for repeated violent or serious felony convictions. The state considers many violent offenses “strikable” offenses.
Although a first strike will not result in a sentence enhancement under this specific law, it does make additional penalties possible in the future. Should a person be convicted for a second felony offense, they will face double the sentence for the crime they committed. California law maintains that a person who has two strikable felony convictions will serve at least 25 years in prison if they are convicted of a third.
