Violent Crimes

Violent crime is typically defined as crime involving either actual acts of violence or the threat of violence. It includes crimes in which violence is the intended goal, such as with murder and assault, or in which violence is used for another purpose, such as is the case with robbery and kidnapping for ransom (where the threat of violence is used for financial gain).

Some types of violent crime not already mentioned include rape, abuse, and threats. In 2023 in California, there were 503 incidents of violent crime per 100,000 residents, up 1.7% since 2022, and 15.4% compared to 2019. This increase in violent crime has led law enforcement to take an aggressive stance; unfortunately, this also means that low-level offenders and innocent people can find themselves in hot water without good cause.

Violent Crime Defense Attorney in San Diego

Law Offices of Michael E. Cindrich, APC has years of direct experience handling even the most serious violent crimes including aggravated assaults, violent sex crimes, and murder. A specialist in Criminal Law provides aggressive, skilled criminal defense for residents of San Diego County.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of every manner of crime, and is ready to build your case against violent crime charges. Law Offices of Michael E. Cindrich, APC serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City, La Mesa, El Cajon, and San Diego proper.

Contact Michael Cindrich today for a free consultation at (619) 262-2500.

Overview of Defending Violent Crimes in California
Types of Violent Crimes Under California Law
Violent Offenders and Gun Ownership
Additional Resources
Hire a Defense Attorney for Violent Crimes in San Diego County

Types of Violent Crimes Under California Law

Assault – Assault is “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” (Pen. Code § 240 PC) Unlike battery, which is found in Penal Code § 242 PC, assault does not require that the defendant actually use force against a victim – even without actual contact, assault is committed by a mere attempt at injuring someone.

Battery – Battery involves the willful and unlawful use of force or violence against another person. Even minor or offensive touching may qualify if done unlawfully. Penalties increase when the battery results in injury or involves protected victims such as peace officers or intimate partners.

Battery on a Peace Officer – Battery on a peace officer occurs when force or violence is used against a law enforcement officer who is lawfully performing their duties. These cases are aggressively prosecuted and may be charged as felonies, particularly when injury is involved. Knowledge of the victim’s status is a key element.

Criminal Threats – Criminal threats involve threatening to commit a crime that would result in death or great bodily injury, where the threat causes sustained fear in the alleged victim. The threat may be verbal, written, or electronic and does not require intent to carry it out. These offenses are frequently charged as felonies.

Hate Crimes – Hate crimes involve criminal acts motivated by bias against a protected characteristic such as race, religion, sexual orientation, gender identity, or disability. California law imposes enhanced penalties when bias motivation is proven. These cases often involve complex issues of intent and speech versus conduct.

Involuntary Manslaughter – Involuntary manslaughter involves an unintentional killing resulting from criminal negligence or the commission of a non-dangerous unlawful act. These cases often arise from accidents, unsafe conduct, or reckless behavior without intent to kill. Charges may be filed as felonies or misdemeanors depending on the facts.

Kidnapping – Kidnapping involves moving another person a substantial distance without consent using force or fear. Penalties increase when the victim is a minor, when ransom is demanded, or when the movement increases the risk of harm. Even relatively short movement may qualify depending on circumstances.

Manslaughter – Manslaughter refers to unlawful killing without malice aforethought and includes voluntary, involuntary, and vehicular forms. The classification depends on intent, provocation, and conduct involved. These cases require careful analysis of mental state and surrounding circumstances.

Mayhem – Mayhem involves unlawfully and maliciously depriving a person of a body part or causing permanent disfigurement. California law treats mayhem as a serious felony due to the lasting harm involved. Aggravated mayhem carries even harsher penalties when extreme injury is inflicted.

Murder / Homicide – Murder involves the unlawful killing of another person with malice aforethought. Charges may include first-degree or second-degree murder depending on factors such as premeditation, use of weapons, or special circumstances. Convictions carry severe penalties, including lengthy prison sentences or life imprisonment.

Resisting Arrest – Resisting arrest involves willfully obstructing, delaying, or resisting a peace officer in the lawful performance of their duties. These cases may arise from physical resistance, flight, or interference. Penalties increase when force or violence is used.

Rioting / Failure to Disperse – Rioting involves participating in acts of violence or disturbance with a group, while failure to disperse occurs when individuals refuse lawful orders to leave an area. These offenses often arise during protests or large gatherings and may be charged based on group conduct and officer orders.

Torture – Torture involves inflicting extreme or prolonged pain for purposes such as revenge, persuasion, or sadistic intent. California law treats torture as a distinct and highly serious felony due to the intentional cruelty involved. Convictions often result in lengthy prison sentences.

Voluntary Manslaughter – Voluntary manslaughter involves an intentional killing committed in the heat of passion or during an unreasonable belief in self-defense. While less severe than murder, these charges still carry significant prison exposure. The distinction often turns on emotional state and provocation.

Witness Tampering – Witness tampering involves attempting to prevent or influence a witness from testifying or cooperating with law enforcement or the courts. This may include threats, intimidation, bribery, or coercion. These offenses undermine the justice system and are prosecuted aggressively as felonies.

Accessory to Murder – Being an accessory to murder involves knowingly assisting someone who committed a murder after the crime has occurred, with the intent to help them avoid arrest, trial, or punishment. California law distinguishes accessories from principals, but these charges still carry serious felony exposure. Common allegations include helping conceal evidence, providing shelter, or misleading law enforcement.

Aggravated Trespass – Aggravated trespass occurs when a person makes a credible threat of serious harm and then enters or remains on the victim’s property with the intent to carry out that threat. This offense combines elements of threats and trespass and is treated more seriously than ordinary trespassing due to the risk of violence and escalation.

Animal Abuse – Animal abuse involves intentionally maiming, mutilating, torturing, or killing an animal, or subjecting an animal to unnecessary suffering. California law allows these offenses to be charged as misdemeanors or felonies depending on the severity and intent involved. Convictions may also result in ownership bans and mandatory counseling.

Robbery – As defined by Penal Code § 211 PC, is “the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.” What separates robbery from other theft crimes is this use of “force or fear”.

Force is interpreted by California courts to mean physical force, and fear is assumed to mean the fear of injury to the victim, their family, their property, or someone nearby. A pickpocket, for example, who lightly touched a victim in order to remove their wallet would probably not be considered to have used sufficient force for the theft to be charged as a robbery. On the other hand, a thief who did not even touch the victim but instead threatened to hurt their family would meet the elements of robbery.

Violent Offenders and Gun Ownership

California law prohibits the possession of a firearm for 10 years for certain types of misdemeanor convictions that involve violence or a threat of violence. Under Penal Code § 29805, the list of more than 30 violent misdemeanor convictions that trigger a prohibition on the possession of a firearm includes the following offenses:

stalking;
assault with a deadly weapon;
battery with serious bodily injury;
brandishing a firearm or deadly weapon;
assault with force likely to produce great bodily injury;
battery on a peace officer;
sexual battery; and
threats of bodily injury or death;
possession of prohibited ammunition; and
various crimes involving misuse of a firearm.

Additional Resources

Crime Trends in California, Public Policy Institute of California – This site compiles various statistics related to violent crime statewide. Included is information about regional variations in violent crime rates across different parts of the state, the prevalence of common types of violent offenses, and data comparing changes in crime rates over time.

OpenJustice, California Department of Justice – The DOJ’s OpenJustice initiative provides open access to various law enforcement datasets. Raw, unfiltered data is available for researchers to analyze themselves, but the site also has specific content that already been filtered and compiled for public consumption. For example, try looking at the statistics for homicide or violent crimes against the elderly.

Hire a Defense Attorney for Violent Crimes in San Diego County, CA

Contact Law Offices of Michael E. Cindrich, APC today for a free, confidential consultation at (619) 262-2500.