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Violent Crime Defense Attorney in Lancaster

Table of Contents

If you’ve been arrested or charged with a violent crimes in Lancaster, you’re facing the most serious criminal charges in California—charges that can result in decades in state prison, life sentences, strikes under California’s Three Strikes Law, permanent felony convictions, and devastating consequences affecting every aspect of your life. At Tu Defensor Criminalista, we provide aggressive, experienced legal representation to defend against all violent crime charges throughout Lancaster and Los Angeles County.


Violent crimes charges include murder, attempted murder, manslaughter, assault with a deadly weapon, aggravated assault, robbery, carjacking, kidnapping, rape and sexual assault, gang-related violence, domestic violence causing injury, child abuse, and other offenses involving force or threat of force against victims. These arrests occur throughout Lancaster when Los Angeles County Sheriff’s deputies or California Highway Patrol officers respond to violent incidents at residences throughout the Antelope Valley, on streets including Avenue I, Lancaster Boulevard, and Sierra Highway, at businesses and public spaces, and anywhere violent confrontations occur. Many people charged with violent crimes acted in self-defense, are falsely accused by biased or mistaken witnesses, or face charges based on incomplete investigations that don’t reveal the full truth. The consequences of violent crime convictions are catastrophic and permanent—lengthy prison sentences, strikes counting toward Three Strikes Law, loss of fundamental rights, and stigma that follows you forever. We’ve successfully defended hundreds of clients facing violent crime charges throughout Southern California, achieving dismissals, acquittals at trial, reduced charges, favorable plea agreements, and outcomes that protect our clients’ freedom and futures.

Understanding California’s Violent Crime Laws

California criminalizes various acts of violence through numerous statutes, each with specific elements and severe penalties reflecting the serious nature of these offenses.

Murder – Penal Code Sections 187-189

Murder under California Penal Code Section 187[1] is the unlawful killing of a human being or fetus with malice aforethought.

First-Degree Murder includes:

  • Willful, deliberate, and premeditated killing
  • Killing during commission of certain felonies (felony murder rule)
  • Killing by explosive, poison, or torture
  • Killing of peace officers, firefighters, or prosecutors

Penalties:

  • 25 years to life in state prison
  • Death penalty in some cases (currently under moratorium in California)
  • Special circumstances can result in life without parole

Second-Degree Murder includes all other murders with malice aforethought:

  • 15 years to life in state prison
  • Longer sentences for firearm use

Attempted Murder – Penal Code Sections 664/187

Attempted murder requires:

  • Direct but ineffectual act toward killing someone
  • Specific intent to kill

Penalties:

  • Attempted first-degree murder: Life in prison with possibility of parole
  • Attempted second-degree murder: 5, 7, or 9 years in prison
  • Strikes under Three Strikes Law
  • Enhancements for weapon use

Voluntary Manslaughter – Penal Code Section 192(a)

Voluntary manslaughter is the unlawful killing of a human being without malice, occurring:

  • Upon sudden quarrel or heat of passion
  • With unreasonable belief in need for self-defense

Penalties:

  • 3, 6, or 11 years in state prison
  • Lesser offense than murder but still serious felony

Involuntary Manslaughter – Penal Code Section 192(b)

Involuntary manslaughter involves unintentional killing during:

  • Commission of unlawful act (not felony)
  • Lawful act done in unlawful manner
  • Commission of lawful act with criminal negligence

Penalties:

  • 2, 3, or 4 years in state prison

Vehicular Manslaughter – Penal Code Section 192(c)

Vehicular manslaughter involves killing someone while driving:

  • With gross negligence: 2, 4, or 6 years prison
  • With ordinary negligence: Misdemeanor, up to 1 year jail
  • While intoxicated: See vehicular manslaughter while intoxicated statutes

Assault with a Deadly Weapon – Penal Code Section 245(a)(1)

Assault with deadly weapon (ADW) involves:

  • Assault on another person
  • With deadly weapon or instrument
  • Or by means of force likely to produce great bodily injury

Penalties:

  • 2, 3, or 4 years in state prison
  • 6 years if semi-automatic firearm used
  • Strike under Three Strikes Law
  • 50% custody requirement before parole

Assault with a Firearm – Penal Code Section 245(a)(2)

Specifically assaulting someone with firearm carries enhanced penalties:

  • 2, 3, or 4 years state prison
  • 6 years if semi-automatic firearm
  • Strike offense
  • Additional enhancements for firearm discharge

Aggravated Assault – Penal Code Section 245

Various forms of aggravated assault carry enhanced penalties including:

  • Assault on peace officers, firefighters, emergency personnel
  • Assault with caustic chemicals
  • Assault with stun gun or taser
  • Each with specific penalty enhancements

Robbery – Penal Code Sections 211-213

Robbery is taking personal property from someone’s person or presence, against their will, by force or fear.

First-Degree Robbery:

  • Robbery of inhabited dwelling, at ATM
  • 3, 4, or 6 years state prison
  • Strike offense

Second-Degree Robbery:

  • All other robberies
  • 2, 3, or 5 years state prison
  • Strike offense

Carjacking – Penal Code Section 215

Carjacking is taking motor vehicle from someone’s immediate presence, against their will, by force or fear with intent to temporarily or permanently deprive them of possession.

Penalties:

  • 3, 5, or 9 years state prison
  • Strike offense
  • Life sentence with firearm use

Kidnapping – Penal Code Sections 207-209

Simple kidnapping under PC 207:

  • Moving another person substantial distance without consent by force or fear
  • 3, 5, or 8 years state prison

Aggravated kidnapping under PC 209:

  • Kidnapping for ransom, robbery, rape, or other purposes
  • 5 years to life in prison
  • Strike offense

Mayhem – Penal Code Section 203

Mayhem involves unlawfully and maliciously:

  • Disabling or disfiguring someone
  • Depriving them of limb or organ
  • Rendering member of body useless

Penalties:

  • 2, 4, or 8 years state prison
  • Life sentence if done to intimidate or retaliate

Criminal Threats – Penal Code Section 422

Making threats to commit great bodily injury or death that cause victim to be in sustained fear:

  • Wobbler offense
  • Felony: 16 months, 2, or 3 years prison
  • Strike if charged as felony

Rape and Sexual Assault – Penal Code Sections 261-264

Forcible rape and sexual assault carry severe penalties:

  • 3, 6, or 8 years state prison
  • Enhancements for victims under 14, multiple victims, weapon use
  • Lifetime sex offender registration
  • Strikes in many circumstances

Gang Enhancements – Penal Code Section 186.22

Gang enhancements add years to sentences when violent crimes committed for benefit of criminal street gangs:

  • 2, 3, or 4 years additional for most felonies
  • 10 years additional for violent felonies
  • 15 years to life for certain violent felonies

According to the California Department of Justice[2], violent crimes throughout California result in thousands of arrests and prosecutions annually, with severe consequences for defendants.

Violent Crimes in Lancaster and the Antelope Valley

Lancaster, with a population of approximately 173,000 residents according to the U.S. Census Bureau[3], is the largest Antelope Valley city. Violent crimes occur throughout Lancaster at various locations and circumstances.

How Violent Crime Cases Develop

Los Angeles County Sheriff’s Department Response – The Lancaster Sheriff’s Station, located at 501 West Lancaster Boulevard, serves as primary law enforcement for the city. Deputies respond to:

  • 911 calls reporting violence
  • Domestic disturbance calls escalating to violence
  • Gang-related violence
  • Assaults at bars, restaurants, public spaces
  • Robberies at businesses throughout Lancaster
  • Carjackings in parking lots
  • Road rage incidents on Lancaster streets
  • School-related violence

California Highway Patrol Involvement – The California Highway Patrol[4] Antelope Valley office investigates violent crimes on State Route 14 and throughout the region including:

  • Road rage assaults
  • Carjackings on freeways
  • Fatal DUI crashes resulting in manslaughter charges
  • Gang-related violence on highways

Specialized Investigation Units – Serious violent crimes trigger investigations by:

  • Homicide detectives for murders and attempted murders
  • Gang units for gang-related violence
  • Robbery-homicide units for serious robberies
  • Major crimes units for serious assaults

Common Lancaster Violent Crime Locations:

  • State Route 14 during road rage incidents
  • Avenue I corridor near businesses and shopping areas
  • Lancaster Boulevard downtown area
  • Sierra Highway near entertainment venues
  • Residential neighborhoods throughout Lancaster during domestic disputes
  • Parks and public spaces during altercations
  • Shopping center parking lots during robberies
  • Schools and surrounding areas
  • Gang territories throughout the city

Typical Violent Crime Scenarios in Lancaster

Self-Defense Mischaracterized as Assault – Many assault and battery cases involve defendants who were actually defending themselves from aggressors but are arrested because:

  • Police arrive after initial aggression and only see defendant’s defensive actions
  • Actual aggressors claim to be victims
  • Witnesses provide incomplete or biased accounts
  • Defendants have injuries but are still arrested

Mutual Combat Leading to Charges – When two parties engage in fight, often both are responsible, but only one is arrested based on:

  • Who police believe started fight
  • Who has more visible injuries
  • Witness accounts favoring one party
  • Racial or other biases affecting police assessment

Gang-Related Violence Allegations – In Lancaster’s gang-affected areas, violence sometimes occurs between gang members or alleged gang members, resulting in:

  • Gang enhancements adding years to sentences
  • Multiple defendants charged in conspiracy
  • Enhanced penalties under gang statutes
  • Aggressive prosecution targeting gang violence

Domestic Violence Escalating to Serious Charges – Domestic incidents at residences throughout Lancaster can escalate to:

  • Corporal injury charges when injuries occur
  • Assault with deadly weapon when weapons involved
  • Criminal threats when threats are made
  • Child endangerment when children present

Bar Fight Assaults – Altercations at Lancaster bars and restaurants near Lancaster Boulevard and entertainment areas result in:

  • Assault and battery charges
  • ADW charges if weapons or serious force involved
  • Multiple defendants charged
  • Conflicting witness accounts

Robbery and Carjacking – Property crimes involving force result in serious violent crime charges at:

  • Convenience stores along major Lancaster streets
  • Gas stations throughout the city
  • Parking lots where carjackings occur
  • Businesses during armed robberies

False Accusations – Defendants are sometimes falsely accused of violent crimes based on:

  • Mistaken identity by witnesses
  • Revenge motivations by accusers
  • Custody disputes leading to false accusations
  • Racial profiling and bias
  • Misidentification in chaotic situations

Lancaster Law Enforcement and Prosecution

The Los Angeles County District Attorney’s Office[5] Antelope Valley Branch prosecutes violent crimes through specialized units including:

  • Major Violent Crimes unit for murders, attempted murders
  • Hard Core Gang unit for gang-related violence
  • Sex Crimes unit for sexual assaults
  • Domestic Violence unit for serious domestic violence

Prosecutors aggressively pursue maximum penalties including strikes, enhancements, and lengthy prison sentences.

Consequences of Violent Crime Convictions

Violent crime convictions create catastrophic and permanent consequences beyond incarceration.

Prison Sentences and Strikes

Lengthy Incarceration:

  • Murder: 15 years to life, 25 years to life, or life without parole
  • Attempted murder: Life with possibility of parole
  • Manslaughter: 3-11 years
  • Robbery: 2-9 years depending on degree and circumstances
  • Assault with deadly weapon: 2-6 years
  • Carjacking: 3-9 years (life with firearm use)
  • All with enhancements for weapons, great bodily injury, gang involvement

Three Strikes Law – Most violent crimes are strikes under California’s Three Strikes Law meaning:

  • Second strike: Sentence doubled for next felony
  • Third strike: 25 years to life for any felony
  • Limited ability to strike priors
  • Devastating impact on any future charges

Custody Requirements:

  • Most violent felonies require 85% custody before parole eligibility
  • No good time/work time credits reducing sentences
  • Decades in custody for serious convictions

Loss of Rights and Privileges

Firearm Rights:

  • Lifetime prohibition on firearm ownership and possession
  • Federal and state prohibitions
  • No restoration available

Voting Rights:

  • Loss of voting rights while incarcerated and on parole
  • Restoration only after completing parole

Professional Licensing:

  • Revocation or denial of professional licenses
  • Teaching credentials revoked
  • Healthcare licenses suspended or revoked
  • Contractors, real estate agents, and other licensed professionals face discipline

Immigration Consequences

For non-citizens, violent crime convictions are catastrophic. According to the U.S. Citizenship and Immigration Services[6], aggravated felonies and crimes of violence result in:

  • Mandatory deportation without relief
  • Permanent inadmissibility
  • No possibility of return
  • Deportation even for legal permanent residents

Employment and Housing

Employment Devastation:

  • Felony convictions eliminate most employment opportunities
  • Violent crime convictions viewed as most serious by employers
  • Government employment unavailable
  • Professional careers destroyed
  • Difficulty finding any employment with violent crime record

Housing Discrimination:

  • Eviction from housing
  • Denial of rental applications
  • Public housing unavailable
  • Landlords refuse to rent to violent offenders
  • Lifelong housing challenges

Sex Offender Registration

Certain violent crimes require registration as sex offenders under PC 290:

  • Rape and sexual assault
  • Lewd acts with minors
  • Kidnapping with sexual intent
  • Lifetime registration requirement in many cases
  • Residency restrictions near schools and parks

Restitution to Victims

Courts order full restitution to victims including:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Funeral expenses in homicide cases
  • Often totaling hundreds of thousands of dollars

Defenses to Violent Crime Charges

Violent crime charges can be defended through various strategies depending on case-specific facts.

Self-Defense and Defense of Others

California law allows reasonable force to defend yourself or others from imminent harm. We establish self-defense by proving:

  • You reasonably believed you or others faced imminent danger of suffering bodily injury or being touched unlawfully
  • You reasonably believed immediate use of force was necessary
  • You used no more force than reasonably necessary
  • California’s “Castle Doctrine” provides no duty to retreat in own home

We present evidence including:

  • Injuries you sustained from the actual aggressor
  • Witness testimony supporting your account
  • Evidence showing alleged victim was aggressor
  • Prior violence or threats by alleged victim
  • 911 calls or statements showing fear for safety
  • Expert testimony on reasonable force

Lack of Intent

Many violent crimes require specific intent. We demonstrate:

  • No intent to kill (for murder/attempted murder)
  • No intent to commit assault
  • Actions were accidental not intentional
  • Recklessness rather than intent
  • Involuntary conduct

False Accusations and Mistaken Identity

False accusations occur due to:

  • Revenge motives
  • Custody disputes
  • Financial incentives
  • Mental illness
  • Mistaken identity

We defend by:

  • Exposing accuser’s motives
  • Presenting alibi evidence
  • Demonstrating misidentification
  • Showing physical impossibility
  • Challenging unreliable witness identifications

Insufficient Evidence

Prosecution must prove guilt beyond reasonable doubt. We challenge:

  • Lack of physical evidence
  • Unreliable witness testimony
  • Lack of forensic evidence linking you to crime
  • Gaps in prosecution’s case
  • Reasonable doubt throughout evidence

Violation of Constitutional Rights

We challenge cases involving:

  • Illegal searches and seizures
  • Coerced confessions without Miranda warnings
  • Denial of right to counsel
  • Due process violations
  • Brady violations (prosecution hiding exculpatory evidence)

Accident or Misfortune

Some violent incidents are accidents:

  • Unintended consequences of lawful actions
  • Tragic accidents not criminal acts
  • No criminal intent or malice
  • Misfortune not criminality

Diminished Capacity and Mental Health

Mental illness or impairment can affect:

  • Ability to form specific intent
  • Criminal responsibility
  • Appropriate venue (mental health treatment vs. prison)

We present:

  • Psychiatric evaluations
  • Mental health history
  • Expert testimony on mental state
  • Evidence supporting diminished capacity

Voluntary Intoxication (Limited Defense)

While not complete defense, voluntary intoxication can negate specific intent for certain crimes.

Heat of Passion (Murder to Manslaughter)

For murder charges, we argue heat of passion reduces murder to voluntary manslaughter when:

  • Adequate provocation occurred
  • You acted in heat of passion
  • No time for cooling off
  • Reasonable person would have acted similarly

Excessive Force by Police

When defendants injured during arrests, we argue:

  • Police used excessive force
  • Defendant’s response was reasonable self-defense
  • Charges should be dismissed due to police misconduct

The Criminal Justice Process

Investigation and Arrest

Violent crime investigations involve:

  • Crime scene investigation
  • Evidence collection
  • Witness interviews
  • Forensic analysis
  • Video surveillance review
  • Suspect identification

Arrests occur through:

  • At-scene arrests during incidents
  • Arrest warrants after investigations
  • Identification by witnesses
  • Forensic evidence linking suspects

Bail for violent crimes is substantial: $50,000-$100,000 for assaults, $100,000-$1,000,000+ for attempted murder/murder, often no-bail holds.

Arraignment

At Antelope Valley Courthouse, you’re:

  • Advised of charges
  • Given complaint
  • Enter plea
  • Bail reviewed
  • Future dates set

We strongly recommend immediate attorney representation.

Preliminary Hearing

For felonies, preliminary hearings determine if sufficient evidence exists. We:

  • Cross-examine prosecution witnesses
  • Challenge evidence
  • Seek dismissals
  • Lock witnesses into testimony
  • Evaluate case strengths and weaknesses

Pretrial Proceedings

Discovery: We obtain:

  • Police reports
  • Forensic evidence
  • Autopsy reports (homicides)
  • Medical records
  • Witness statements
  • Video evidence
  • Expert reports

Investigation: We conduct:

  • Witness interviews
  • Scene investigation
  • Expert consultations
  • Forensic analysis
  • Background investigation of accusers
  • Alibi investigation

Motion Practice: We file motions to:

  • Suppress illegally obtained evidence
  • Dismiss charges
  • Strike prior convictions
  • Exclude unreliable evidence
  • Obtain officer personnel records (Pitchess)

Negotiations: We negotiate for:

  • Dismissals
  • Reduced charges (murder to manslaughter, robbery to theft, etc.)
  • Striking enhancements
  • Favorable pleas minimizing consequences

Trial

If cases proceed to trial, we provide:

  • Jury Selection – Selecting fair jurors who can objectively evaluate evidence
  • Opening Statements – Framing defenses and themes
  • Cross-Examination – Attacking prosecution witnesses’ credibility and reliability
  • Defense Case – Presenting your testimony, witnesses, experts, and evidence
  • Closing Arguments – Emphasizing reasonable doubt and defense theories

Sentencing

If convictions occur, we present mitigation seeking:

  • Minimum sentences within statutory ranges
  • Striking strikes when possible (Romero motions)
  • Dismissal of enhancements
  • Alternatives to maximum custody
  • Consideration of rehabilitation potential

Frequently Asked Questions

Will I definitely go to prison for violent crime charges?

Not always. Outcomes depend on specific charges, evidence, criminal history, and defenses. Some defendants receive probation, especially for lesser violent crimes or with strong self-defense claims.

Can murder charges be reduced?

Sometimes. Murder can be reduced to manslaughter based on heat of passion, imperfect self-defense, or lack of malice. This dramatically reduces sentences.

What if I was defending myself?

Self-defense is complete defense. If you reasonably believed you faced imminent harm and used reasonable force, you should be acquitted.

Can violent crime charges be dismissed?

Yes. We achieve dismissals through demonstrating false accusations, insufficient evidence, self-defense, or constitutional violations.

What about strikes under Three Strikes?

Most violent felonies are strikes. However, courts can sometimes strike priors under Romero motions based on circumstances.

Will I be deported?

For non-citizens, most violent felonies trigger mandatory deportation. We coordinate with immigration attorneys to minimize consequences when possible.

What if alleged victim was aggressor?

We present evidence showing alleged victim was actual aggressor, establishing self-defense and seeking dismissal or acquittal.

How long are violent crime sentences?

Varies widely: manslaughter 3-11 years, robbery 2-9 years, attempted murder 5 years to life, murder 15 years to life or life without parole.

Can I get probation?

For some violent crimes, probation is possible with strong mitigation, though prison is presumed for most serious violent felonies.

What makes your firm different?

Our extensive experience defending violent crimes, proven trial skills, thorough investigations, expert witnesses, and aggressive advocacy set us apart.

Why Choose Tu Defensor Criminalista

  • Extensive Violent Crime Defense Experience – We’ve defended hundreds of violent crime cases including murders, attempted murders, robberies, assaults, and all violent offenses.
  • Proven Trial Skills – We’re experienced trial attorneys who’ve won numerous violent crime trials. Prosecutors know we’ll take cases to trial and win.
  • Thorough Investigation – We conduct exhaustive investigations, retaining investigators, forensic experts, medical experts, and specialists.
  • Expert Witnesses – We retain qualified experts including forensic pathologists, DNA experts, ballistics experts, and use-of-force experts.
  • Local Lancaster Knowledge – We regularly appear at Antelope Valley Courthouse and understand local judges, prosecutors, and procedures.
  • Aggressive Advocacy – We fight tirelessly for every client, challenging prosecution at every stage.
  • Bilingual Services – We provide fluent Spanish-language services. Hablamos Español.
  • Available 24/7 – Violent crime arrests happen any time. We’re available immediately.

Take Action Immediately

Violent crime charges threaten your freedom for decades. Time is critical.

  • Don’t make statements to police without attorney. Exercise your right to remain silent and request an attorney immediately.
  • Don’t wait to hire an attorney. Early intervention preserves evidence, protects rights, and maximizes defense options.
  • Don’t assume conviction is inevitable. Many violent crime cases are successfully defended through self-defense, false accusations, and insufficient evidence.

Contact Tu Defensor Criminalista immediately.

Contact Information

Service areasServing Lancaster and nearby communities
LanguagesEnglish & Spanish (Hablamos Español)
Get a Free Consultation

Your freedom is on the line. Call now—we’re available 24/7.


Citations and Sources

  1. California Legislative Information – Penal Code Sections 187-189, 192, 203, 207-209, 211-215, 245, 261-264, 422, 664
    https://leginfo.legislature.ca.gov/[1]
  2. California Department of Justice – Crime statistics
    https://openjustice.doj.ca.gov/[2]
  3. U.S. Census Bureau – Lancaster demographics
    https://www.census.gov/quickfacts/lancastercitycalifornia[3]
  4. California Highway Patrol – Law enforcement information
    https://www.chp.ca.gov/[4]
  5. Los Angeles County District Attorney’s Office – Prosecution information
    https://da.lacounty.gov/[5]
  6. U.S. Citizenship and Immigration Services – Immigration consequences
    https://www.uscis.gov/[6]

Sources

  1. California Penal Code Section 187 (leginfo.legislature.ca.gov)
  2. California Department of Justice (openjustice.doj.ca.gov)
  3. U.S. Census Bureau (census.gov)
  4. California Highway Patrol (chp.ca.gov)
  5. Los Angeles County District Attorney’s Office (da.lacounty.gov)
  6. U.S. Citizenship and Immigration Services (uscis.gov)

Client Trust & Avvo Recognition

Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.

I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Christian
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
Nathan
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Connie
He cares and did everything possible to help me resolve my case. I was worried about my hit and run and DUI case. Not only did he go to court...
Pablo M.
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Raul
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
Shereen

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