San Jose Violent Crimes Lawyer
Violent crimes are punished with extremely harsh penalties in San Jose, CA. If you or a loved one have been accused of committing a violent criminal offense, it’s critical that you hire an experienced San Jose violent crimes lawyer as soon as possible. Our lawyers at Ahmed & Sukaram, Attorneys at Law are well-prepared to build the strong defense you need, call us at (408) 217-8818.
Collectively, we have over 30 years of experience defending clients in serious criminal cases across Northern California. We have a proven track record of winning “not guilty” verdicts and getting charges dismissed.
You can get the legal advice you need and deserve by calling our law firm in San Jose, California to schedule a free consultation today.
How Can Ahmed & Sukaram, Attorneys at Law Help If You Were Arrested For a Violent Crime in San Jose?
California prosecutors often seek the maximum punishment possible in cases involving violent crimes. Aggravating factors can also subject you to enhanced penalties under harsh California laws. You deserve an experienced team of San Jose criminal defense lawyers who will fight to protect your rights.
At Ahmed & Sukaram, Attorneys at Law, we’ve been recognized at the state and national levels for our legal representation. We’ve been recognized as Super Lawyers’ Rising Stars and listed on the American Society of Legal Advocates “Top 40 Under 40” list.
Our team is led by a California bar-certified Criminal Law Specialist who knows the laws inside and out.
When we represent you, we will:
- Protect your constitutional rights
- Search for exculpatory evidence
- Analyze all prosecutorial evidence and identify any weaknesses
- Work with experts to interpret scientific evidence
- Fight to have illegally obtained evidence thrown out
- Work behind the scenes to have your charges reduced or case dropped if possible
- Vigorously advocate for your rights in court
The skill of your lawyer can make a world of difference in your case. To learn more about how our San Jose criminal defense attorneys can help, call for a free consultation.
Overview of the Laws on Violent Crimes in California
Many different violent acts are criminal offenses in the state of California. In fact, you can be charged with an assault offense even if you didn’t actually hurt anyone.
Our lawyers in Santa Clara County often represent clients who have been accused of:
- Domestic violence
- Child abuse
- Child endangerment
- Child molestation
- Voluntary manslaughter
- Assault and battery
- Aggravated assault and battery
- Assault with a deadly weapon or firearm
- Criminal threats
- False imprisonment
California courts take violence seriously. If you were accused of committing a violent act, you need an experienced San Jose violent crimes attorney in your corner. Call Ahmed & Sukaram, Attorneys at Law to learn more about your legal options.
Murder or Homicide
Murder is the most serious violent crime you can be charged with. Under California Penal Code Section 187 PC, murder is the killing of another human being or fetus with “malice aforethought.”
In order for the prosecution to convict, the district attorney must prove:
- You committed some type of intentional act that demonstrated a wanton disregard for human life
- That act had a high probability of causing someone’s death
- You had no legal justification for committing the act
The “malice” element of the charge is often important in murder cases. The prosecution doesn’t have to prove that you intended to kill someone to convict. You can be charged with murder in the second degree if you acted without provocation and caused someone’s death.
First-degree murder charges apply in cases where the malice element was “express,” rather than implied.
You might face first-degree felony charges if:
- The murder was premeditated, willful, or deliberate
- The victim was a peace officer
- You’re charged with felony murder, which means the killing occurred while you were committing some other type of serious felony
- You used a destructive device, poison, torture, lying in wait, or armor-piercing ammunition in committing the murder
Whether you’re facing first-degree or second-degree charges, it’s important to get legal representation quickly. Our lawyers are always available to discuss your case. If you were arrested, you can call our law offices day or night to schedule a free initial consultation to learn more about our practice areas.
Rape is a serious sex crime. You can be convicted of rape under California Penal Code Section 261 PC for having sex with another adult without their consent.
You can be convicted for having sexual intercourse with a nonconsenting adult if any of the following are true:
- You used force or threats of violence
- The victim was unconscious
- You reasonably should have known that the victim was intoxicated or otherwise incapable of giving consent
You could also be charged with rape if you used fraud to convince the victim to engage in sexual intercourse.
Voluntary manslaughter is a less serious offense than murder. Still, if you’re accused of taking someone else’s life, your freedom and future are on the line.
Under California state law, you can be convicted of voluntary manslaughter if you kill someone without malice. If you killed someone in the heat of passion or with substantial provocation, you might be charged with manslaughter.
In other cases, the prosecution might charge you with manslaughter if they don’t think they have enough evidence to convict you on murder charges.
Assault and Battery
Assault and battery are divided into two separate offenses in California. Often, the criminal charges are combined.
You can be convicted of assault under California Penal Code Section 240 PC if you attempt to cause injury, even if you’re unsuccessful. Battery charges apply if you use unlawful force or violence against the victim.
If you cause serious bodily injury, you can be charged with aggravated assault under California Penal Code Section 243(d) PC.
Domestic violence charges apply if you commit a violent crime against someone with whom you share a domestic relationship.
You could face enhanced penalties under California domestic violence laws if you commit a violent act against:
- A spouse or former spouse
- Your fiance
- Current or former romantic partners
- A cohabitant or former cohabitant, such as a roommate
- Your child’s other parent
Inflicting corporal injury on any of these parties is a serious felony. A traumatic corporal injury is one that is inflicted using physical force. For example, injuries that cause external wounds, internal organ damage, or involve strangulation qualify.
What are the Penalties for Violent Crimes in San Jose, California?
Violent crimes can be classified as felonies or misdemeanors. If you’re charged with simple assault and battery, you might face misdemeanor charges. Other violent crimes carry much more serious felony-level punishments.
The length of the potential prison sentence will depend on the exact charge you’re facing, as follows:
- First-degree murder or felony murder: between 25 years and life in prison
- Second-degree murder or felony murder: between 15 years and life in prison
- Voluntary manslaughter: three, six, or 11 years in state prison
- Rape: up to eight years in state prison
- Assault with a deadly weapon: up to four years in prison
- Simple assault and battery: up to six months in county jail
In the most serious first-degree murder cases, you could be sentenced to life in prison without parole.
In addition to jail time, you’ll always face the possibility of collateral consequences, including:
- Probation or parole
- Court-ordered counseling, anger management, or rehabilitation
- A lasting criminal record, which can make it difficult to find housing or employment
- Immigration trouble or deportation
- Loss of child custody or visitation rights
- Loss of your right to own a firearm
- Loss of voting rights
- Damage to your reputation
- Loss of professional licenses
Most violent offenses count as a strike under California’s three strikes law. That means you could face enhanced penalties, especially if you’ve been convicted on criminal charges in the past.
What Defenses Can Be Raised if I’m Accused of a Violent Crime?
No two defense strategies are exactly the same. Regardless of the facts, you can count on our defense attorneys to build the strongest legal defense possible in your case.
Some of the most effective defenses in violent criminal cases include:
- Self-defense, or a justifiable belief that you were acting in self-defense
- Defense of someone else
- Innocence defenses, including alibi and mistaken identity
- Challenges to DNA or forensic evidence
- Challenges to witness credibility
- Constitutional violations, including illegal searches and seizures by police officers
- Lack of intent or required mental state
- Lack of sufficient evidence to prove the elements of the crime beyond a reasonable doubt
Our lawyers never rely on the prosecution’s case alone. We always conduct an independent investigation and review every piece of evidence when building your defense.
Schedule a Free Consultation With a San Jose Violent Crimes Lawyer
Whether you’re facing murder charges, assault charges, or other violent criminal charges, it’s important to have an aggressive defense. At Ahmed & Sukaram, Attorneys at Law, we have decades of experience helping clients like you. To learn more about our experience, call for a free consultation with a San Jose violent crimes lawyer today.
If you are in Redwood City contact a Redwood City violent crimes lawyer.
Our San Jose, CA criminal defense law firm also provides:
- Assault Defense Lawyers in San Jose, CA
- DUI Attorneys in San Jose, CA
- Domestic Violence Lawyers in San Jose, CA
- Drug Crimes Attorneys in San Jose, CA
- Theft Crimes Attorneys in San Jose, CA
- Weapons Charges Lawyers in San Jose, CA
- Battery Lawyers in San Jose, CA
- Sex Crimes Attorneys in San Jose, CA
- White Collar Crimes Lawyers in San Jose, CA