Like many states, California imposes harsh sentences for criminal acts that harm another person, such as assault and battery, domestic violence, rape, murder and manslaughter. As a former prosecutor, Dublin violent crimes lawyer John W. Noonan understands the strategies and tactics employed by the prosecution as they build their cases against individuals accused of crimes of this nature. Mr. Noonan’s background and legal experience of over fifty years provide unique insight that helps him anticipate case developments and set forth strategic defenses for the accused. If you or someone you know has been charged with a violent crime, Mr. Noonan is here to advocate on your behalf, keeping you informed of your rights and providing an honest assessment of your case. We represent people throughout the Tri-Valley area, with offices in Dublin and Manteca.The Prosecution Must Prove All Elements of a Violent Crime Under California Law
Violent crimes set forth by the federal government include murder, forcible rape, aggravated assault, and robbery. Here in California, our Penal Code makes clear that violent crimes threaten or intend to harm another person. Certain violent crimes are defined by the victims affected. For example, domestic abuse and child abuse criminalize conduct against family members and children. Other crimes are violent due to the nature of the offense. Rape is a violent crime because it involves emotional manipulation or the victim’s inability to consent.
It is the prosecution’s burden to meet all elements of a violent crime charge. For example, to prosecute a defendant for murder, the state must show that an act was committed that led to the death of another person, with malice aforethought, and without lawful excuse or justification. The prosecution must present evidence supporting each of these elements. If, for example, the defendant did not have malice aforethought, and the alleged murder was an act of self-defense committed in the heat of the moment, then the murder charge should not stand. A knowledgeable violent crimes attorney serving Dublin can challenge the prosecution’s assertion that the facts of your case fulfill the necessary elements of the crime with which you have been charged.
In some situations, law enforcement can be overzealous in bringing charges for violent crimes. Unfortunately, innocent individuals can be unfairly convicted. This is particularly harrowing as the ramifications of being convicted of a violent crime under California law are serious, particularly for those that have already been convicted of another crime. Defendants face jail time and extreme fines, as well as a permanent record that affects their future.
According to California’s Three Strikes sentencing law, certain violent crimes that are charged as felonies according to California Penal Code section 667.5(c) carry dire consequences for those defendants who already have two or more prior strikes. Section 667.5 sets forth sentencing enhancements that take place when an individual has already served prison time. The law sets forth that serious felonies under section 1192.7 are also considered strikes under California’s Three Strikes Law.Assert a Strong Defense to Reduce or Dismiss Violent Crime Charges
When criminal charges are pending against you, it is advisable to have a skilled Dublin violent crimes lawyer develop a defense in your favor. The police report must be assessed, witness statements evaluated, and physical evidence examined. Skilled legal counsel will analyze the state’s case with a goal of helping you reduce or even get your charges dismissed. An investigation into the facts may defeat one of the required elements of the alleged crime. For example, if the defendant faces rape charges, the facts may show that the victim in fact consented to the acts in question.
As law enforcement eagerly attempts to solve crimes, they may not complete a proper investigation of the case. In other circumstances, the prosecution may overcharge the defendant, or even convict the wrong person of a violent crime. Unfortunately, law enforcement may also sometimes gain evidence through illegal tactics. A seasoned defense attorney will seek to ensure that constitutional violations do not lead to a wrongful conviction in your case. Fifth Amendment rights to remain silent, and the Fourth Amendment freedom from unlawful search and seizure are two rights that are particularly prone to law enforcement abuse. If a constitutional defense applies in favor of the defendant, this impairs the state’s case.Secure the Representation of a Violent Crimes Lawyer in Dublin
If you or someone close to you has been charged with a violent crime, an experienced criminal defense attorney can help. John W. Noonan knows how to set forth strong cases on behalf of his clients based on his decades of experience and extensive knowledge of the law. Throughout the process, Mr. Noonan will communicate all aspects of you case to you so that you consistently know the status of your pending charges. To schedule a free consultation and learn more about your case, contact us at (925) 479-0033 or fill out our online form. Our offices assist people facing criminal charges throughout the Tri-Valley Area and the East Bay, including Manteca, Hayward, Fremont, Stockton, and Pleasanton.