Category Archives for Violent Crimes

Great Bodily Injury

Great Bodily Injury

Causing a person to suffer a great bodily injury isn’t a crimegreat bodily injury. Its a type of enhancement that can lengthen a sentence. If your original sentence was battery but you caused great bodily injury you could see an extra few years to your prison sentence. What is considered a great bodily injury however is very different. Each injury is decided on a case-by-case basis. An injury that may have been not so serious in a different case could be considered a great bodily injury. It mainly depends on how the judge/jury sees the case. Some examples of great bodily injury can include but aren’t limited to. A dog bite. Broken bones. Bruises that stay for longer than 4 months. Second degree burns and blisters. Swelling and discoloration. Bloody limbs, vaginal soreness (from rape). Strangulation, unconsciousness. Gunshot wounds. The main thing that makes a wound a great bodily injury is that it will last. So this usually means trivial injuries such as a small cut will not count. Although these are examples of great bodily injuries, they will not always count as great bodily injuries.

Serious bodily Injury is not the same as a Great bodily injury.  A serious bodily injury is a lesser version of a great bodily injury. An example of a serious bodily injury is a concussion, blacking out, or disfigurement. You mainly only see a case of a serious bodily injury in battery cases where it raises it to an aggravated battery.

Great bodily injury will add a strike to your record. It can also add up to 6 years to a prison sentence as well. Other enhancements that coincide for Great bodily injury includes the age of the victim. The severity of the injury caused. And the circumstances of the case such as a sex offense or domestic violence.

If you were charged for a crime that caused great bodily injury, talk to an attorney.

Criminal Threats PC 422

Criminal Threats PC 422

Criminal Threats PC 422. The legal definition of a criminal threat is putting someone in fear. When you threaten a person to kill or harm them and the following happens. The person is reasonably afraid for his/her safety or for the safety of his/her family. The threat was specific and has only one interpretation. And that you gave him/her that threat verbally, through a written document, or through electronic communications. Then criminal threat is created. Its important to know that although you did make a criminal threat, you don’t have to carry out the threat. You can still be charged with criminal threat. Even if you intentionally did not intend to commit the threat in the first place. Some examples of criminal threats include threatening to shoot someone while holding a gun. Calling your ex and telling him/her to watch their back. Or going to your ex’s new boyfriend/girlfriend and telling them that you’re going to to set their house on fire. Its important to note that since this relies a lot on the idea of fear, the fear must be real, reasonable, and sustained. A moment of fear does not count.

Punishments for Criminal Threats

Criminal threats are considered a wobbler. This means that it can be charged as either a misdemeanor or a felony. This mainly depends on the facts of the case and your criminal history. As a misdemeanor you could see up to a year in jail and up to a $1,000 fine. As a felony you could face up to 4 years in prison with up to a $10,000 fine.. If you held a weapon such as a knife or a gun while making the threat then the sentence is increased a year. However the penalty adds up as you could face the same penalties for each person you threatened. Criminal threats also adds a strikecriminal threats on your record. However this also means that if you do serve your sentence, you have to serve 85% of it before you can get a release.

If you were charged with criminal threats its important to know the technicalities of the crime. Make sure to talk to an attorney for any questions.

Shooting in Inhabited Areas

Shooting in Inhabited AreasShooting in Inhabited Areas

Shooting in inhabited areas. PC 246 makes it a crime to shoot at inhabited house, occupied building, or an occupied vehicle. Doing any of those will put you in prison. Ban you from owning a gun for life. And adds a strike to your record. To be guilty o this crime the prosecutor has to prove 2 facts. 1. that you shot a firearm at one of the said targets. and 2. That you did so with malicious intent. Also shooting “at” one of the said targets comes with technicalities. Shooting inside while inside a house or shooting from the inside of an attached garage does not fulfill the at requirement. However if you shot from one house into another house, then the “at” requirement is met. The word “inhabited” means that a person must mean a person lives there. However it does not mean that the person has to be there at the time of the shooting. A house, building, is inhabited until the occupants have moved or has vacated and doesn’t return. its important to note that while the garage does not count as an inhabited house, it does count as a building. You can also be charged for this offense if you aided someone in doing any of this. For example if you drive a friend that was going to shoot a house, both of you face the same charges.

Punishments for Shooting in inhabited areas

Shooting in Inhabited Areas is a straight felony. Punishable by up to a year in jail or up to 7 years in prison. However that’s if you didn’t hit anybody in the shooting. If a person was injured and suffered great bodily injury, you get an extra 25 years to life. This is due to California’s “use a gun and you’re done” law. If it as done for a street gang, then you could face an extra 10,20, life sentence. In additional to the sentence you will lose your right to bear arms. And Will add a strike to your record.

If you were charged with Shooting in Inhabited Areas then speak with an attorney. Its a serious crime that if not handled quickly, can spell disaster.

Voluntary Manslaughter

Voluntary Manslaughter

Voluntary Manslaughter happens when  you intentionally kill someone (with no real legal reason) , or act without regard for human life. without no real legal reason means that it just happened out of the blue. Or another way to say it was it was in the moment. What makes it different from murdervoluntary manslaughter since there is no malice thinking before the killing. Many voluntary manslaughter happen because people are provoked and act violently due to their emotions. The provocation has to make it so a rational person would have acted on their emotions instead of rational thinking. Example of this type of case is seeing another man/woman with your spouse. Many people would act out in a violent way, and rightfully so. In this case it would cause a reasonable person to act based on their emotions. No one is going to sit back and say “let me think about this” when they find someone else with their lover. Of course if the provocation wasn’t strong enough, voluntary manslaughter wouldn’t exactly work in the same way. If someone hit your car or cut you off on the road, voluntary manslaughter would say its not a good enough provocation. The difference between voluntary manslaughter and involuntary manslaughter is that you killed someone accidentally while committing a misdemeanor.  Some related offenses include murder. Attempted murder. Involuntary manslaughter. Vehicular manslaughter. And DUI manslaughter.

Punishments for Voluntary Manslaughter

Voluntary Manslaughter is a serious felony. You may see up to 11 years in prison. In addition you will have a strike on your record. Up to a $10,000 fine, and lose your rights to own guns. You may have to do community service, and/or go to counseling. Other conditions may be applied depending on the case itself. This is much better than murder however. In murder you would have at least 15  years to life.

If you were convicted of voluntary manslaughter. Talk to an attorney for possible options.