Criminal Defense Lawyers For Violent Crimes In San Francisco
Criminal Defense Law For Violent Crimes In California
Serious and violent crimes in California are also known as “strikes,” and require the services of a qualified and experienced violent crimes lawyer. Conviction for one of these crimes can result in lengthy prison time and an increased sentence for any future felony.
In fact, prior convictions for two or more strikes can lead to a sentence of life in prison for ANY new felony conviction. Prosecutors and judges treat these crimes very seriously. This is why you should get legal assistance from a California violent crimes attorney. Some offices even have Deputy District Attorneys assigned to solely prosecute “Three Strikes” cases. Having an experienced attorney like Derek Ewin can make all the difference in the world if you are currently, or if you have been in the past, charged with a Serious or Violent Felony.
He has been practicing as a violent crimes lawyer in Contra Costa County. “Strikes” include crimes such as Residential Burglary, Robbery, Rape/Sexual Assault, Murder, Carjacking, Drive by Shooting, Assault with a Deadly Weapon, Grand Theft Firearm, any crime in which a Firearm is personally used, any crime in which Great Bodily Injury is inflicted, many Gang crimes and more. Once someone is convicted of the violent crime, getting their criminal record cleared becomes an issue. Therefore, it is advised to get in touch with a Walnut Creek Violent crimes attorney to avoid the criminal charge from becoming a conviction.
We help those faced with charges of:
- Robbery: Robbery is loosely defined as theft using force. Considered a felony offense due to the use of force and fear, robbery can result in fines and considerable prison sentences. Robbery in the first degree is punishable by up to nine years in prison, while robbery in the second-degree is punishable by up to five years in prison. Both degrees can also result in up to $10,000 in fines.
- Residential Burglary: Residential burglary is known as the burglary of an inhabited dwelling. This can include a house, trailer home, floating home, or vessel. Burglary of a place where someone resides is treated more seriously, so it is charged as burglary of the first degree. On the other hand, burglary of commercial structures is less serious, so it is charged as a second-degree offense.
- Use Of A Firearm: The state of California defines a firearm as “a device designed to be used as a weapon where a projectile is expelled through a barrel by the force of an explosion or other form of combustion”. If caught using or owning a firearm illegally, the repercussions can be very serious – and can come with the potential of jail time and hefty fines.
- Use Of A Deadly Weapon: A deadly weapon can be described as “any object, instrument, or weapon that is capable of producing, or likely to produce, great bodily injury or death”. Common examples of deadly weapons include knives, baseball bats, a vehicle, clubs, and more. Using a deadly weapon with malicious intent can be charged as either a misdemeanor or felony offense, with penalties such as prison time and fines on the table.
- Infliction Of Great Bodily Injury: In the state of California, great bodily injury refers to significant physical injuries such as concussions, broken bones, gunshot wounds, second and third-degree burns, and more. Great bodily injury does not include less significant injuries, financial losses, or emotional scarring. In certain felony cases, there is a sentencing enhancement that can be applied to a person that inflicts great bodily harm, with an additional prison term of 3-6 years.
- Grand Theft Firearm: Also known as “GTF”, grand theft firearm is a grand theft offense where the property involved in the case is a firearm. All firearm thefts of guns over $950 are considered “grand thefts” in the state of California, and they are charged as felony offenses. One can also be charged with GTF if they have a prior conviction for particular California crimes.
- Kidnapping: The state of California defines kidnapping as transporting another individual a substantial distance. This must be done without the person’s consent and conducted by means of fear or force. “Simple” kidnapping is a crime that is punishable by up to 8 years in prison. Sentences can increase to life in prison if the victim was injured or killed, if they were a child, if the kidnapping was part of a carjacking, or if a ransom was demanded.
- Carjacking: Carjacking is a felony crime that involves taking someone else’s car by means of force or fear. In these cases, “force or fear” means that the perpetrator must have made threats to cause harm, or actually have inflicted physical force or harm. Getting convicted of a carjacking offense in California comes with significant penalties that can be enhanced if the defendant caused injury to the victim, used a weapon, or committed the crime in a gang-related scenario.
- Arson: According to California law, arson is defined as “willfully and maliciously setting a fire, causing, or aiding another person to burn a structure, forest land, or property”. Also referred to as “malicious arson”, this crime is a felony that can result in up to 9 years in state prison. The related crime of “reckless burning” can be charged as either a misdemeanor or felony, and is commonly known as fire that results in the damaging of property or the injury of another person.
- Shooting At Or From An Occupied Vehicle: California law prohibits any individual from discharging a firearm at or from an occupied vehicle or in an inhabited dwelling. If one “maliciously and willfully” discharges a firearm at or from a vehicle, a conviction can result in a prison sentence of up to 7 years, with the ability for longer sentences with enhancements.
- Gang Crimes: A gang is loosely understood to be a group of people that have a common identifier that bands together to commit crimes. Crimes committed with or for the benefit of gang activity are serious criminal offenses in the state of California – and penalties for gang crimes are given in addition to the standard sentencing of the original crimes committed. These can often result in felony sentencing enhancements, which can carry up to 10 additional years in jail.
- Sex Crimes: A sex crime conviction can result in a vast array of criminal and social repercussions. Sex crimes can be charged as either misdemeanor or felony offenses, with hefty fines and lengthy prison sentencing possible for the defendant. Given the nature of these crimes, building a legal defense can take a lot of time and research. Common sex crimes include lewd conduct, child pornography, rape, sexual assault and battery, prostitution, child molestation, and more.
(Penal Code sections, 459, 211, 207, 209, 187, 261, 288, 487(d), 215, 12034, 246, 245, 12022.5, 12022.53, etc.)
“Overall I was very pleased with the work and outcome of my case.”Guzzie R.
“From the initial meeting to the end of my case Derek was very helpful. He had knowledge about what I was expecting, and a lot of experience in handling my case. I’ve already referred him to someone else, and will continue to refer him.”Ryan
“Derek Ewin assisted me through a very tough period of my life. He did so while providing me with realistic potential outcomes. He was straight and to the point but never lacked empathy for what I was going through.
I highly recommend Mr. Ewin’s services if you find yourself up against the legal system’s meat grinder. He will explore all options and give you timely information so that you do not feel in the dark. While incarcerated I was kept informed personally be several visits. He never judged me, but looked at the issues at hand from several perspectives while maintaining a firm grip on the legal aspect and ramifications. His demeanor while in court was professional and it was clear that the court too shared my respect for Mr. Ewin.”Jay
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