Violent Crimes Expanded
An assault is the illegal infliction, at attempted infliction, of harm upon another person. A person convicted of assault may face up to six months in jail and a fine, but sentencing will vary depending on the circumstances. For example. more serious consequences are likely if the assault occurs on school property or a peace officer, firefighter, or emergency medical technician is assaulted.
Battery is the unlawful use of force or violence upon another person and can result in up to six months in jail and a fine. If a battery is committed against an officer or other official, or the harm to the victim is severe, the perpetrator may face up to four years in prison and an additional fine.
It is against the law to commit an act of violence against a member of your household.
Elder abuse typically occurs in the form of sexual abuse or neglect. If you or a loved one has been accused of elder abuse, please call us for a free consultation.
In general manslaughter is an unpremeditated killing of another person. This offense takes various forms. Voluntary manslaughter, which carries a sentence up to 11 years, typically occurs from a “heat of passion” crime or a killing during a spontaneous fight.
A negligent killing of another person is typically involuntary manslaughter and carries up to a four year prison term. Vehicular manslaughter occurs when person negligently kills another while operating a vehicle. The punishment for vehicular manslaughter is more severe.
In general, murder is the intentional killing of another person. There are two categories of murder: first and second degree. First degree murder includes all murders perpetrated through the use of a destructive device, poison, lying in wait, or other deliberate and willful action. In addition, most deaths which occur during the commission of a felony are considered first degree murder. All other murders are second degree.
The punishment for first degree murder is death, life without parole, or 25 years to life. Second degree murder is punishable by imprisonment for 15 years to life. There are enhancements, however, which can significantly increase a particular sentence. Mugridge Moran LLP is highly experienced in handling homicide cases, including death penalty.
Robbery is defined as taking another person’s property against his or her will by force or fear. The difference between robbery and theft/burglary is that robbery includes the use of force or fear. First degree robbery charges are commonly brought when a robbery occurs at or near an ATM, inside vehicles or in an occupied house. Second degree robbery consists of all other robberies.
A defendant will face first-degree robbery charges if a robbery occurs inside vehicles, buses, trains, taxi and other motor vehicles as well as occupied houses and boats.
First-degree robbery carries a possible sentence of up to nine years in prison while second degree has a possible sentence of up to five years.
Child Sexual Assault / Child Molestation
Engaging in sexual activities with a child or in a child’s presence is against the law. Illegal activity can include sexual stimulation of the child, masturbating in front of a child, and the intentional touching of a child’s private parts. The creation of child pornography and any form of sexual penetration of a child is also illegal. Punishments for child sexual assault and child molestation vary depending on the charged conduct and the severity of the offense.
Rape
Rape is an assault which consists of having sexual intercourse with another person without their consent. Sexual assault crimes may also include forcing another person into sexual acts against their will. Rape can also occur when a sexual act occurs with a person unable to give consent, such as a person with a mental disability or who is unconscious. In California, rape carries a sentence of up to 8 years and possibly longer if special circumstances are present.
Statutory rape is defined as having sex with a person, other than a spouse, who is under 18 years of age. However, if a person engages in sex with a person less than three years younger they may be charged with a misdemeanor.
