Violent Crime Attorney in Los Angeles

frequently Asked Questions

WHAT IS THE DIFFERENCE BETWEEN ATTEMPTED & CONSUMMATED CRIMES?

Attempted crimes are criminal acts that do not result in the intended consequences. For example, a defendant may attempt to commit battery, but the victim does not sustain any injuries. Because the attempted crime did not result in the intended consequences, the defendant cannot be convicted of the attempted crime. However, a defendant may be convicted of an attempted crime if the defendant's actions resulted in the intended consequences. For example, if a defendant attempts to kidnap a victim and the victim is restrained, the defendant may be convicted of kidnapping.

HOW DOES THE PROSECUTOR PROVE A VIOLENT CRIME?

To convict a defendant of a violent crime, the prosecution must prove beyond a reasonable doubt that the defendant is guilty. The prosecution must prove two main elements: the actus reus and the mens rea.

• Actus reus refers to the physical action that constitutes the crime. For example, when a defendant commits battery, the actus reus is physical contact with the victim. 
• The mens rea element refers to the defendant's criminal intent or the state of mind required under the law that must be shown to secure a conviction. 

The prosecution must prove that the defendant intended to commit the crime and knew that their actions would cause harm to the victim. The defendant's actions must directly cause the victim's injuries. For example, if a defendant intentionally shoots a victim and the victim is injured, the defendant's actions are the direct cause of the victim's injuries. However, if a defendant throws a rock at a passing car, which results in injuries, the defendant's actions are not the direct cause.

WHAT SHOULD I DO IF I AM BEING INVESTIGATED FOR A VIOLENT CRIME?

If you learn that you are under investigation, you should avoid speaking to law enforcement until you consult with an attorney. Anything you say—even statements made to “clear things up”—can be used against you. An attorney can communicate on your behalf, protect your rights, and help prevent self-incrimination.

CAN I BE ARRESTED FOR A VIOLENT CRIME WITHOUT A WARRANT?

Yes. Police may arrest a person without a warrant if they have probable cause to believe that a felony crime has been committed, or if the offense was committed in the officer’s presence. Violent offenses almost always qualify for warrantless arrests due to their seriousness.

WHAT IS A “STRIKE” UNDER CALIFORNIA LAW?

A “strike” refers to a conviction for a violent or serious felony under California’s Three Strikes Law. Accumulating strikes increases sentencing dramatically. A second strike doubles the prison term for a new felony, and a third strike can lead to a sentence of 25 years to life.

CAN A VIOLENT CRIME CHARGE BE REDUCED OR DISMISSED?

Yes, depending on the facts. Charges may be reduced if evidence is weak, if key witnesses are unreliable, if law enforcement violated constitutional rights, or through negotiations with the prosecutor. In some cases, charges may be dismissed entirely if the prosecution cannot meet its burden of proof.

WHAT ARE “ENHANCEMENTS,” AND HOW DO THEY AFFECT MY SENTENCE?

Enhancements are additional penalties added to a sentence when certain factors are present—such as use of a firearm, causing great bodily injury, or committing the offense for the benefit of a gang. Enhancements can add several years—or even decades—to a prison sentence.

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