Murder and All Violent Crimes
Violent crimes are almost always charged as a
felony. If a person uses a weapon while
committing a violent crime, the penalties
increase. As an example, the 10-20-Life law will
be used to enhance a sentence that may normally
only carry a 2 year charge. The mere possession
or display of a gun while in the commission of a
crime can add 10 years to a sentence. If the gun
is actually used, whether fired or used to hit
someone, the penalty for the crime can be
increased by 20 years. If you discharge a
firearm and injure someone, however slightly,
the penalty may be increased to life in prison.
Causing great bodily injury to someone in the
commission of a crime potentially adds three
years to the sentence. Using a knife in the
commission of a crime adds one year to any
sentence.
It is very important when someone is arrested
for a violent crime, or any crime for that
matter, that an attorney is hired immediately,
so that any witnesses to the event can be
located and any evidence preserved. Self defense
is a usually an absolute defense to assault, or
even murder. Time is of the essence where
witnesses may have seen a crime. An good
attorney will get started immediately on any
investigation and start the process, usually by
the next day.
Most violent crimes are strikes for purposes
of the 3 Strikes law and will increase your time
in custody and for any future criminal charge.
It is essential that a person be represented by
a hard fighting and knowledgeable attorney.
Terrorist Threats is a Strike offense even though
only words are used to commit the crime. Penal Code
Section 422 generally states that a person who
threatens to commit a crime that could result in
death or great bodily injury is a felony EVEN IF
there is no intent to actually carry it out.
Statements made to a person such as " I'll kill you
next time I see you" can land a person in prison
with a strike even though there is no bodily harm to
the other person.
Remember, if you are arrested, do not talk to the
police. You have a constitutional protection to
remain silent for a reason. Use it! The cops won't
believe you anyway...
Murder in the second degree - murder with an
intent to kill, but it was not premeditatedd
Voluntary Manslaughter - an unlawful killing
without malice upon a sudden quarrel or heat of
passion
Involuntary Manslaughter - a killing while doing
an unlawful act not amounting to a felony or a
lawful act which might produce death.
Vehicular Manslaughter - a death caused while
driving a vehicle in the commission of an unlawful
act, not amounting to a felony, but with gross
negligence.
Other types of violent crimes are:
- Assault with a deadly weaponn
- Battery on a police officer
- Gang crimes
- Kidnapping
- Arson
- Stalking
- Hate crimes
- Carjacking
- Sexual assault
If you’re a suspect or have been charged with a
violent criminal offense, you need criminal defense
attorney Todd Melnik. He has over 20 years of
experience and knowledge to successfully fight
criminal charges. He will protect your rights,
defend you and counsel you. If your case needs a
trial, Mr. Melnik has tried over 125 trials to
verdict with a winning record.
If you are facing criminal charges, don’t talk to
the police, talk to Mr.
Melnik!
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