Facing violent crime charges in West Covina? You’re confronting serious or violent felony STRIKE convictions carrying mandatory prison sentences, 85% minimum custody requirements, lifetime consequences under California’s Three Strikes Law, and permanent criminal records branding you as violent and dangerous. Whether accused of assault, battery, domestic violence, attempted murder, manslaughter, kidnapping, carjacking, or other violent offenses, these convictions destroy your freedom, employment prospects, professional licenses, gun rights, immigration status, and future opportunities throughout Los Angeles County.
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Expert Defense Against Assault, Battery, Domestic Violence, Attempted Murder & Violent Felonies in West Covina, Baldwin Park, Covina, Glendora & All Los Angeles County
West Covina residents face aggressive prosecution for violent crimes in the East Los Angeles Superior Court system. From domestic violence arrests following 911 calls in residential neighborhoods to assault charges arising from confrontations at Westfield West Covina, from carjacking allegations along the 10 Freeway corridor to attempted murder prosecutions involving serious injuries, violent crime accusations carry life-destroying consequences. California Department of Justice statistics[1] reveal that violent crime rates, while lower than property crimes, result in significantly harsher sentences and collateral consequences that follow defendants for life.
The stakes could not be higher. A conviction under Penal Code Section 245(a)(1) for assault with a deadly weapon constitutes a serious felony STRIKE under California’s Three Strikes Law, requiring 85% mandatory prison time served and sentence-doubling for any future felony conviction. Domestic violence convictions under Penal Code Section 273.5 result in mandatory custody time, 52-week batterer’s treatment programs, lifetime firearm prohibition, and immigration consequences including deportation. Attempted murder under Penal Code Sections 664/187 carries life imprisonment with possibility of parole, while first-degree murder convictions result in 25-years-to-life or life without parole sentences.
West Covina’s diverse community, its location at major freeway intersections, vibrant commercial districts along Garvey Avenue and Azusa Avenue, and active nightlife create environments where violent crime allegations arise. Charges stem from domestic disputes in family homes, bar fights near entertainment venues, road rage incidents on congested freeways, gang-related confrontations, and self-defense situations where victims and suspects give conflicting accounts.
Tu Defensor Criminalista provides relentless, strategic defense against all violent crime charges in West Covina and throughout Los Angeles County. We don’t simply process cases—we fight them with every available legal tool. Our approach combines exhaustive investigation, aggressive suppression motions, expert witness presentation, self-defense theories, STRIKE litigation, and trial preparation aimed at achieving dismissals, acquittals, reduced charges, or alternative resolutions protecting your liberty and future.
California PC § 245 Assault With a Deadly Weapon Defense Lawyer West Covina
Penal Code Section 245(a)(1) criminalizes assault with a deadly weapon or instrument other than a firearm, while PC 245(a)(2) addresses assault with a firearm. These charges constitute some of California’s most frequently prosecuted violent felonies, arising from incidents involving weapons, hands and feet causing serious injury, vehicles used as weapons, and objects used in dangerous manners.
PC 245(a)(1) assault with a deadly weapon carries 2, 3, or 4 years state prison for standard cases, or 3, 5, or 6 years if great bodily injury resulted. These convictions constitute serious felony STRIKES requiring 85% minimum time served under Penal Code Section 667.5(c). PC 245(a)(2) assault with a firearm carries identical sentencing ranges and STRIKE consequences.
The statute’s elements require prosecutors to prove beyond reasonable doubt that:
You committed an act that by its nature would directly and probably result in force application to another person
You committed the act with a deadly weapon or instrument, or with force likely to produce great bodily injury
You acted willfully
You were aware of facts that would lead a reasonable person to realize the act would directly and probably result in force application
You had present ability to apply force with a deadly weapon or instrument
Each element creates defense opportunities. “Deadly weapon” isn’t limited to traditional weapons like knives or guns—courts have found screwdrivers, bottles, chairs, vehicles, and even hands and feet constitute deadly weapons when used in manners likely to produce death or great bodily injury. This broad definition means prosecutors frequently overcharge cases, labeling objects as deadly weapons when they weren’t used dangerously.
West Covina PC 245 prosecutions commonly arise from:
Bar and Nightclub Altercations: Fights at entertainment venues along Garvey Avenue or near West Covina Transit Center frequently escalate to assault charges when bottles, chairs, or other objects are used. These cases typically involve multiple witnesses with varying accounts, alcohol consumption affecting perception and memory, self-defense claims, and mutual combat scenarios where both parties voluntarily engaged.
Domestic Violence Situations: Family disputes where objects are thrown, household items are used as weapons, or injuries occur often result in PC 245 charges rather than simple battery. Los Angeles County domestic violence statistics[2] show thousands of domestic violence-related calls annually, with many resulting in felony assault prosecutions.
Vehicle as Weapon Cases: Road rage incidents where defendants allegedly drove toward victims, parking lot confrontations involving vehicles, or pursuit situations can generate PC 245(a)(1) charges with vehicles classified as deadly weapons. These cases require careful accident reconstruction and analysis of intent versus accident.
Gang-Related Assaults: Allegations involving gang members or gang territory often include gang enhancements under Penal Code Section 186.22(b), adding substantial prison time to underlying assault convictions.
Defense strategies for PC 245 charges include:
Self-Defense and Defense of Others: California law permits reasonable force to protect yourself or others from imminent harm. If you reasonably believed you or another person faced imminent danger of suffering bodily injury, and you reasonably believed immediate force was necessary to defend against that danger, and you used no more force than reasonably necessary, self-defense justifies your actions. We investigate the complete confrontation timeline, obtain witness statements supporting your account, and present evidence demonstrating reasonable fear and proportional response.
Lack of Deadly Weapon: Many objects aren’t inherently deadly weapons—they become deadly weapons only when used in manners likely to cause death or great bodily injury. We challenge whether the object qualified as a deadly weapon based on how it was actually used. A beer bottle held but not swung isn’t a deadly weapon. A chair used to block someone isn’t a deadly weapon.
No Present Ability to Apply Force: If you lacked actual ability to complete the assault—the weapon was fake, you were too far away, physical barriers prevented contact—the present ability element fails.
Mutual Combat: When both parties voluntarily engage in fighting, mutual combat can reduce assault charges or affect culpability assessment. While not always a complete defense, mutual combat provides negotiation leverage and jury sympathy.
Mistaken Identity: Chaotic confrontations involving multiple people create identification issues. Witnesses frequently misidentify participants, particularly in poorly lit environments or brief encounters.
Accident or No Intent: Assault requires willful acts. Purely accidental contact or unintentional movements don’t constitute assault. We present evidence showing alleged assaults were accidents rather than intentional acts.
Given STRIKE consequences and mandatory custody requirements, PC 245 cases demand immediate, aggressive defense. We conduct independent investigations, interview all witnesses, obtain surveillance footage from businesses and residences, consult use-of-force experts when appropriate, and prepare comprehensive trial presentations.
Expert Defense Against Domestic Violence, Corporal Injury & Spousal Abuse in West Covina, Baldwin Park, Covina, Glendora & All Los Angeles County
Domestic violence charges under Penal Code Section 273.5 (corporal injury to spouse or cohabitant), PC 243(e)(1) (domestic battery), and PC 273d (child abuse) carry unique challenges and devastating consequences beyond standard criminal penalties.
PC 273.5 Corporal Injury to Spouse/Cohabitant: This felony statute criminalizes willfully inflicting corporal injury resulting in a traumatic condition upon an intimate partner. “Traumatic condition” means wound or bodily injury, whether minor or serious, caused by physical force. Visible injuries aren’t required—internal injuries, pain, or minor wounds suffice.
PC 273.5 carries 2, 3, or 4 years state prison, or misdemeanor sentencing with up to one year county jail. With prior domestic violence convictions within seven years, sentences increase to 2, 4, or 5 years mandatory state prison. Great bodily injury enhancements add 3-5 years consecutive.
PC 243(e)(1) Domestic Battery: This misdemeanor criminalizes battery against intimate partners even without visible injury. Maximum penalty is one year county jail, but many cases result in probation with mandatory conditions.
Mandatory Consequences of Domestic Violence Convictions:
52-Week Batterer’s Treatment Program: Courts must order minimum 52-week batterer’s intervention programs as probation conditions under PC 1203.097. Programs cost $50+ weekly and require weekly attendance for one year.
Protective Orders: Courts issue criminal protective orders prohibiting contact with victims, often requiring you to move from shared residences and restricting child custody/visitation.
Lifetime Firearm Prohibition: Domestic violence convictions result in lifetime gun ownership and possession prohibition under federal and California law.
Immigration Consequences: Domestic violence constitutes a deportable offense and crime involving moral turpitude. Non-citizens face deportation, inadmissibility, and naturalization denial.
Professional License Impact: Healthcare providers, teachers, attorneys, and many other licensed professionals face discipline or license revocation for domestic violence convictions.
Custody and Family Law Consequences: Family courts consider domestic violence convictions in custody determinations, often restricting custody and visitation rights.
West Covina domestic violence cases typically begin with 911 calls from residences. Officers respond, observe injuries (or alleged victims claim injuries), and make arrests based on probable cause even when victims request no arrest. California’s mandatory arrest policies under Penal Code Section 13701 require arrests when probable cause exists for domestic violence.
Critical defense considerations for domestic violence cases include:
False Accusations: Domestic violence accusations are easily fabricated and difficult to disprove. Motives for false accusations include custody disputes, divorce proceedings, immigration benefits, revenge for infidelity, or attempts to gain advantage in family court. We investigate accusers’ motives, inconsistent statements, history of false accusations, and circumstances suggesting fabrication.
Self-Defense: You have the right to defend yourself against violent attack, even from intimate partners. If your partner attacked you and you responded with reasonable defensive force, self-defense justifies your actions. We document your injuries, obtain medical records, photograph defensive wounds, and establish you were the victim, not the aggressor.
Accident: Injuries sometimes occur accidentally during arguments—pushing someone away during an argument, accidentally striking someone while gesturing, or injuries from falls during struggles. We present evidence showing injuries were accidental rather than intentional.
Exaggerated or Manufactured Injuries: Alleged victims sometimes claim injuries worse than what actually occurred, photograph old injuries claiming they’re fresh, or self-inflict additional injuries after altercations. We obtain independent medical examinations, compare injury photographs to medical records, and demonstrate inconsistencies.
Lack of Injury: PC 273.5 requires proof of “traumatic condition.” If no injury occurred or injuries were minimal and not “traumatic conditions,” charges should be reduced or dismissed. We challenge medical evidence and injury characterizations.
Victim Recantation: Many domestic violence victims recant accusations, admit they lied, or request charge dismissals. While prosecution can proceed despite recantation, victim cooperation loss significantly weakens cases. We facilitate victim recantations when appropriate and present recantations to prosecutors and courts.
Diversion and Alternative Resolutions: First-time domestic violence defendants may qualify for pretrial diversion under Penal Code Section 1001.70 or informal diversion policies. Successful diversion completion results in dismissal without conviction.
The stigma and consequences of domestic violence convictions make avoiding conviction paramount. We fight aggressively for dismissals, not guilty verdicts, charge reductions to non-domestic offenses, or diversion programs.
Understanding California Violent Crime Laws and Penalties
California categorizes violent crimes across numerous statutes with varying elements, defenses, and sentencing consequences. Understanding this framework is essential for effective defense.
Assault and Battery Offenses:
Simple Assault (PC § 240): Misdemeanor attempt to commit violent injury, up to 6 months jail
Simple Battery (PC § 242): Misdemeanor willful and unlawful force/violence use, up to 6 months jail
Battery Causing Serious Bodily Injury (PC § 243(d)): Felony/misdemeanor with 2-4 years prison if felony
Assault With Deadly Weapon (PC § 245(a)(1)): Serious felony STRIKE, 2-4 years prison (3-6 if GBI)
Assault With Firearm (PC § 245(a)(2)): Serious felony STRIKE, 2-4 years prison (3-6 if GBI)
Homicide Offenses:
Murder (PC § 187): First-degree murder carries 25-years-to-life, life without parole, or death penalty. Second-degree murder carries 15-years-to-life. Murder is the ultimate violent felony STRIKE.
Attempted Murder (PC §§ 664/187): Life imprisonment with parole possibility for standard attempts, life without parole for premeditated attempts. Violent felony STRIKE.
Voluntary Manslaughter (PC § 192(a)): Killing during sudden quarrel/heat of passion, 3-11 years prison
Involuntary Manslaughter (PC § 192(b)): Killing without malice during unlawful act or lawful act with criminal negligence, 2-4 years prison
Vehicular Manslaughter (PC § 192(c)): Varying sentences based on gross negligence, ordinary negligence, or intoxication
Sexual Assault Offenses:
Rape (PC § 261): Serious and violent felony STRIKE, 3-8 years prison, or 6-9 years if victim was minor
Rape of Unconscious Person (PC § 261(a)(4)): Serious felony, 3-8 years prison
Sexual Battery (PC § 243.4): Misdemeanor or felony depending on circumstances
Lewd Acts With a Child (PC § 288): Serious felony, 3-8 years prison or more based on specifics
Robbery and Carjacking:
Robbery (PC § 211): Serious felony STRIKE, first-degree carries 3-9 years, second-degree 2-5 years
Carjacking (PC § 215): Violent felony STRIKE, 3-9 years prison, life with prior violent felony
Kidnapping Offenses:
Simple Kidnapping (PC § 207): Felony, 3-8 years prison
Aggravated Kidnapping (PC § 209): Life imprisonment with parole possibility for kidnapping for ransom, extortion, or to commit robbery or sexual offenses
Mayhem and Torture:
Mayhem (PC § 203): Maliciously disabling or disfiguring victim, serious felony STRIKE, 2-8 years prison
Torture (PC § 206): Life imprisonment, violent felony STRIKE
According to California Department of Corrections and Rehabilitation data[3], violent offenders comprise a significant portion of California’s prison population, with average sentences far exceeding property crime sentences. Understanding specific charge elements and potential defenses for each offense is critical.
California Three Strikes Law and STRIKE Consequences for Violent Crimes
California’s Three Strikes Law imposes dramatically enhanced sentences on defendants with prior serious or violent felony convictions. Most violent crimes qualify as STRIKES, making understanding Three Strikes consequences essential.
Serious Felonies under Penal Code Section 1192.7 include murder, attempted murder, manslaughter, rape, sodomy by force, oral copulation by force, lewd acts on children, robbery, residential burglary, assault with intent to commit rape or robbery, assault with deadly weapon, assault with force likely to produce GBI, assault with firearm, and numerous others.
Violent Felonies under Penal Code Section 667.5 include murder, voluntary manslaughter, mayhem, rape, sodomy by force, oral copulation by force, lewd acts on children under 14, robbery, carjacking, kidnapping, torture, and others.
STRIKE Consequences:
First STRIKE – 85% Minimum Time: Serious felony convictions require serving at least 85% of imposed sentences under PC 667.5(c), eliminating most custody credits and half-time credit availability.
Second STRIKE – Sentence Doubling: Under PC 667(e)(1), if convicted of any felony with one prior STRIKE, your sentence doubles. A standard three-year felony becomes six years. A robbery conviction (2-5 years) with one prior STRIKE becomes 4-10 years.
Third STRIKE – 25-Years-to-Life: Under PC 667(e)(2)(A), conviction of any felony with two prior STRIKES results in mandatory sentence of 25-years-to-life, regardless of the current felony’s severity. Even nonviolent felonies trigger this mandatory minimum with two prior STRIKES, though Proposition 36 provides limited relief when the third strike is non-serious and non-violent.
Additional STRIKE Consequences: STRIKE convictions eliminate probation eligibility for most defendants, require consecutive sentencing for multiple STRIKES, and trigger five-year serious felony prior enhancements under PC 667(a) for each prior serious felony.
The Three Strikes Law’s severity makes avoiding STRIKE convictions absolutely critical. Even if current charges carry minimal prison time, STRIKE convictions create lifetime exposure to extreme sentences. Our defense priorities include:
Achieving outright dismissals through suppression motions or trial acquittals
Negotiating charge reductions to non-STRIKE offenses
Litigating Romero motions under People v. Superior Court (Romero) to strike prior STRIKES
Filing PC 995 motions to dismiss charges after preliminary hearings
Presenting compelling mitigation to judges and juries
Recent reforms provide limited relief. Senate Bill 620 allows courts to strike firearm enhancements. AB 518 allows striking gang enhancements. Proposition 36 allows resentencing of some third-strikers. However, these remedies don’t guarantee relief, making initial case resolution paramount.
Defending Against Murder and Attempted Murder Charges
Murder and attempted murder charges represent the most serious criminal prosecutions. These cases require specialized expertise, substantial resources, and unwavering commitment to defense.
First-Degree Murder includes willful, deliberate, and premeditated killings, felony murders (killings during dangerous felonies like robbery or burglary), and murders by specific means (poison, explosives, etc.). Sentences include 25-years-to-life, life without parole possibility (LWOP), or death penalty based on special circumstances.
Second-Degree Murder includes all murders with malice aforethought not qualifying as first-degree murder. Sentences range from 15-years-to-life to life imprisonment.
Attempted Murder under PC 664/187 requires proving specific intent to kill and a direct but ineffective step toward killing. Willful, deliberate, and premeditated attempted murder carries life imprisonment. Standard attempted murder carries 5-9 years prison, doubled with one prior STRIKE.
Defense strategies for homicide cases include:
Self-Defense and Imperfect Self-Defense: Reasonable belief in imminent deadly threat justifying lethal force constitutes complete self-defense. Even unreasonable but genuine belief (imperfect self-defense) reduces murder to voluntary manslaughter. We reconstruct events, demonstrate reasonable fear, present forensic evidence supporting self-defense narratives, and retain use-of-force experts.
Heat of Passion/Provocation: Killings during sudden quarrels or heat of passion upon adequate provocation reduce murder to voluntary manslaughter. The provocation must be sufficient to cause ordinary person to act rashly without due deliberation. We investigate provocative circumstances, victim conduct, and defendant emotional state.
Lack of Intent: Second-degree murder and attempted murder require proving malice or specific intent to kill. Accidental deaths, deaths from reckless conduct without malice, and acts without actual intent to kill don’t constitute murder. We present evidence showing lack of intent, accidental causation, or lesser mental states.
Diminished Capacity/Mental Impairment: While not complete defenses, evidence of mental impairment, intoxication, or diminished capacity can negate specific intent elements, reducing first-degree to second-degree murder or murder to manslaughter. We retain psychiatric experts, obtain mental health records, and present comprehensive mitigation.
Challenging Forensic Evidence: Homicide cases involve complex forensic evidence including autopsy reports, ballistics, DNA, blood spatter analysis, and accident reconstruction. We retain independent experts who challenge prosecution expert opinions, identify forensic errors, and present alternative interpretations.
Alibi: Establishing you were elsewhere when the crime occurred provides complete defense. We investigate alibis thoroughly, obtain corroborating evidence, and present compelling alibi evidence to juries.
Murder cases require extensive investigation, expert consultation, and trial expertise. We’ve handled numerous homicide cases and understand the specialized demands these prosecutions require.
Your Constitutional Rights During Violent Crime Investigations
Constitutional protections provide critical safeguards during violent crime investigations. Understanding and asserting these rights prevents self-incrimination and preserves defense options.
Fourth Amendment – Search and Seizure: Police need warrants supported by probable cause to search your home, vehicle, or person, subject to limited exceptions. Warrantless searches are presumptively unreasonable. You can refuse consent to searches. State clearly: “I do not consent to this search.” Never physically resist, but verbal refusal preserves Fourth Amendment challenges.
Common search issues in violent crime cases include:
Unlawful vehicle searches during traffic stops
Searches exceeding warrant scope
Searches based on invalid consent
Cell phone searches without warrants
DNA collection without proper authority
Successful suppression motions under PC 1538.5 exclude illegally obtained evidence, often resulting in dismissals when critical evidence is suppressed.
Fifth Amendment – Right Against Self-Incrimination: You cannot be compelled to answer police questions or provide incriminating information. Exercise this right immediately: “I am invoking my right to remain silent and my right to an attorney. I will not answer questions without my lawyer present.”
Police use sophisticated interrogation tactics designed to elicit admissions, including:
Minimizing offense seriousness
Claiming evidence against you is overwhelming
Suggesting cooperation will help you
Making promises of leniency
Befriending you to lower defenses
Claiming your side of the story is necessary
These tactics are legal, making silence crucial. Statements you believe are exculpatory often provide evidence for prosecution.
Sixth Amendment – Right to Counsel: You have the right to counsel at all critical stages. Once formal charges are filed, police cannot question you without counsel unless you initiate contact and waive rights.
Miranda Warnings: Police must advise you of Miranda rights before custodial interrogation. Statements obtained in violation of Miranda are inadmissible. We analyze whether you were in custody, whether interrogation occurred, whether Miranda was properly given, and whether any waivers were knowing and voluntary.
Recording Police Encounters: California law permits recording police in public, including during arrests and detentions, as long as you don’t interfere with their duties. Video documentation preserves evidence and can reveal constitutional violations.
The American Civil Liberties Union[4] provides detailed guidance on constitutional rights during police encounters. We advise all clients to exercise these rights fully.
Penalties and Collateral Consequences of Violent Crime Convictions
Violent crime conviction consequences extend far beyond prison sentences, creating lifetime repercussions affecting every aspect of life.
Assault with deadly weapon: 2-4 years prison (STRIKE)
Robbery: 2-9 years prison (STRIKE)
Rape: 3-8 years prison (STRIKE)
Attempted murder: 5-9 years or life imprisonment (STRIKE)
Murder: 15-years-to-life, 25-to-life, LWOP, or death
Sentences increase with enhancements including great bodily injury (PC § 12022.7, 3-6 years), firearm use (PC § 12022.5, 3-10 years), firearm discharge (PC § 12022.53, 10-20 years or 25-to-life), gang participation (PC § 186.22(b), 2-15 years), and prior serious felony convictions (PC § 667(a), 5 years each).
Parole and Post-Release Community Supervision: After release from state prison, violent offenders face mandatory parole periods. California Department of Corrections and Rehabilitation statistics[5] show that parole violations frequently result in re-incarceration.
Lifetime Firearm Prohibition: Violent felony convictions result in lifetime prohibition on firearm ownership and possession under California and federal law.
Immigration Consequences: Violent crimes constitute aggravated felonies and crimes of moral turpitude under immigration law. Non-citizens face mandatory deportation, inadmissibility, and permanent bars to re-entry. U[6].[6]S. Immigration and Customs Enforcement[6] prioritizes removal of non-citizens with violent crime convictions.
Sex Offender Registration: Sex crimes including rape, sexual battery with specific circumstances, and lewd acts require lifetime registration under Penal Code Sections 290-290.024, creating public disclosure, residency restrictions, and employment limitations.
Professional License Consequences: Violent crime convictions result in automatic disqualification or discretionary denial for numerous professions. California Department of Consumer Affairs[7] licensing boards impose severe discipline for violent convictions.
Employment Consequences: Criminal background checks reveal violent convictions. Employers rarely hire applicants with violent criminal histories, particularly for positions involving vulnerable populations, positions of trust, or security-sensitive roles.
Housing Consequences: Landlords reject applicants with violent criminal records. Public housing authorities exclude applicants and terminate existing tenants based on violent convictions.
Family Law Consequences: Family courts consider violent crime convictions, particularly domestic violence, in custody and visitation determinations. Violent offenders face restricted or supervised visitation and custody loss.
Voting Rights: Felons in state prison cannot vote under California Constitution Article II, Section 4. Voting rights restore upon release from prison and parole completion.
Jury Service: Felony convictions permanently disqualify you from jury service under Code of Civil Procedure Section 203.
These collateral consequences often exceed direct criminal penalties. Avoiding conviction through dismissal, acquittal, or charge reduction is therefore paramount.
Why Choose Tu Defensor Criminalista for West Covina Violent Crime Defense
Violent crime charges demand the highest level of legal expertise, investigative resources, and trial skill. Selecting defense counsel is the most critical decision you’ll make.
Extensive Violent Crime Defense Experience: We handle all violent crime cases including murder, attempted murder, assault, robbery, kidnapping, domestic violence, sexual assault, and other serious felonies. We understand charge elements, available defenses, and strategic approaches for each offense type.
Los Angeles County Superior Court Expertise: We practice extensively in East Los Angeles Superior Court where West Covina cases are prosecuted. We know the judges, prosecutors, courtroom procedures, and local practices. This knowledge creates tactical advantages and better outcome prospects.
Aggressive Investigation and Litigation: We conduct thorough independent investigations including witness interviews, scene examinations, surveillance footage procurement, expert consultations, and forensic analysis. We file aggressive suppression motions, challenge all evidence, and prepare every case for trial.
Trial Experience: We’ve tried numerous violent crime cases to verdict including assault, robbery, attempted murder, and homicide cases. Trial experience creates confidence in case evaluation and negotiation while ensuring readiness for trial when necessary.
Expert Witness Network: Violent crime cases often require expert witnesses including forensic pathologists, crime scene reconstructionists, use-of-force experts, DNA experts, ballistics experts, and psychiatric experts. We maintain relationships with top experts and present compelling expert testimony.
STRIKE Litigation Expertise: We understand Three Strikes Law intricacies and litigate STRIKE allegations aggressively. We file Romero motions seeking to strike prior STRIKES, negotiate charge reductions eliminating STRIKE consequences, and present mitigation demonstrating why STRIKE sentences would be unjust.
Immigration Consequences Expertise: For non-citizen clients, we coordinate with immigration counsel to structure resolutions minimizing deportation risk and preserving immigration status when possible.
Personalized Client Service: You receive individualized attention with direct attorney access, regular case updates, and involvement in strategic decisions affecting your case.
Proven Results: Our track record includes dismissed murder charges, not guilty verdicts in assault and robbery cases, reduced charges avoiding STRIKE consequences, stricken enhancements saving decades of prison time, and preserved immigration status for non-citizens.
Violent crime charges threaten everything. You need defense counsel who will fight relentlessly with skill, experience, and resources necessary to achieve the best possible outcome.
The Criminal Justice Process for Violent Crimes in West Covina
Understanding how violent crime cases proceed through Los Angeles County courts helps you anticipate challenges and make informed decisions.
Arrest and Booking: Violent crime arrests occur through investigations, witness identifications, or immediate apprehension at crime scenes. You’re transported to West Covina Police Department for booking, then transferred to county jail pending arraignment. Bail for violent crimes is typically substantial.
Bail Hearings: Violent crime bail often exceeds $100,000, with murder cases having no-bail holds or multi-million-dollar bail. We file bail motions arguing for reduced bail based on community ties, employment, minimal flight risk, and constitutional rights to reasonable bail.
Arraignment: Your first court appearance typically occurs within 48 hours if in custody. Courts advise you of charges, constitutional rights, and potential penalties. We enter not guilty pleas preserving all defense options. Courts address custody status and bail.
Preliminary Hearing: Felony violent crimes require preliminary hearings within 10 court days if in custody or 60 calendar days if out. Judges determine whether probable cause exists to believe you committed charged offenses. Prosecutors present witnesses and evidence. We cross-examine witnesses vigorously, challenge evidence, and sometimes present defense evidence. Preliminary hearings provide critical discovery opportunities and can result in charge reductions or dismissals.
Pretrial Proceedings: Cases proceed through several months of pretrial litigation involving discovery, suppression motions, expert witness exchange, plea negotiations, and trial preparation. Complex violent crime cases involve extensive discovery including forensic reports, medical records, surveillance footage, and witness statements.
Suppression Motions: We file PC 1538.5 motions challenging illegal searches and seizures. Successful motions exclude critical evidence often forcing dismissals or favorable plea agreements.
Plea Negotiations: Most violent crime cases resolve through negotiation. We leverage case weaknesses, constitutional issues, and mitigating evidence to negotiate charge reductions, STRIKE dismissals, or alternative dispositions. Reducing STRIKE charges to non-STRIKE offenses eliminates 85% custody requirements and Three Strikes consequences.
Trial: If negotiation fails, cases proceed to jury trial. Violent crime trials involve weeks of testimony, expert witnesses, forensic evidence, and complex legal issues. We prepare comprehensive trial presentations including opening statements, witness examination, evidence presentation, expert testimony, and closing arguments.
Sentencing: Following conviction or plea, sentencing occurs at separate hearings. Probation departments prepare pre-sentence investigation reports. We present extensive mitigation including character letters, mental health evaluations, substance abuse assessments, and personal background. Judges impose sentences within statutory ranges.
Appeals: Convictions can be appealed based on legal errors, evidentiary issues, prosecutorial misconduct, or insufficient evidence. Appeals must be filed within 60 days of sentencing.
This process creates multiple intervention opportunities. Early retention of experienced counsel maximizes favorable outcome prospects.
Frequently Asked Questions – Violent Crimes
What’s the difference between assault and battery in California?
Assault (PC § 240) is the attempt to commit violent injury on another person, while battery (PC § 242) is the actual willful and unlawful use of force or violence. You can be convicted of assault even if no contact occurs, as long as you attempted to use force. Battery requires actual physical contact.
Can I claim self-defense if I started the fight?
Generally, aggressors cannot claim self-defense. However, if you initially aggressed but then withdrew from the confrontation and communicated your withdrawal, and the other person continued attacking you, self-defense may apply to your subsequent defensive actions. Additionally, if the other person’s response was grossly disproportionate to your initial aggression, self-defense rights may be restored.
What is a “STRIKE” offense and how does it affect my sentence?
STRIKE offenses are serious or violent felonies under California’s Three Strikes Law. One STRIKE requires 85% time served. Two STRIKES doubles your sentence for any new felony. Three STRIKES mandates 25-years-to-life regardless of the third offense severity (with limited exceptions under Proposition 36).
How long does a domestic violence protective order last?
Criminal protective orders issued as part of criminal cases can last up to 10 years or permanently. Family court restraining orders typically last 3-5 years but can be renewed. Emergency protective orders issued by police last 5-7 days until court hearings occur.
Can domestic violence charges be dropped if the victim doesn’t want to press charges?
Prosecutors can proceed with charges regardless of victim wishes. While victim cooperation loss weakens cases, prosecutors can use prior statements, 911 calls, photographs, and other evidence to prove cases. However, many prosecutors dismiss cases when victims recant or refuse to cooperate, particularly if other evidence is weak.
What is the difference between first-degree and second-degree murder?
First-degree murder involves willful, deliberate, and premeditated killing, or killing during specified dangerous felonies (felony murder). Second-degree murder includes all other murders with malice aforethought. First-degree murder carries harsher sentences including 25-to-life, life without parole, or death penalty.
Can I get probation for a violent felony conviction?
Probation for violent felonies is generally not available. Penal Code Section 1192.7 violent felonies typically require prison sentences. However, some “wobbler” offenses chargeable as felonies or misdemeanors may allow probation if charged or reduced to misdemeanors.
What happens if I’m convicted of attempted murder?
Attempted murder convictions carry life imprisonment for willful, deliberate, and premeditated attempts, or 5-9 years for standard attempts. Attempted murder is a violent felony STRIKE requiring 85% time served and doubling future felony sentences. You’ll be permanently prohibited from possessing firearms.
How do great bodily injury enhancements work?
Great bodily injury (GBI) enhancements under PC § 12022.7 add 3-6 years to sentences when you personally inflict significant or substantial injury. Prosecutors must prove GBI allegations beyond reasonable doubt, and courts can strike enhancements in the interest of justice in some cases.
Can violent crime convictions be expunged in California?
Penal Code Section 1203.4 allows expungement of some convictions after successful probation completion. However, serious and violent felonies typically don’t qualify for probation, making expungement unavailable. Additionally, expungement doesn’t restore gun rights or eliminate immigration consequences for violent crimes.
What should I do if I’m falsely accused of assault or domestic violence?
Contact an experienced criminal defense attorney immediately. Do not contact the accuser or witnesses, as this may result in additional charges or protective order violations. Preserve all evidence supporting your innocence including text messages, emails, photographs, and witness information. Exercise your right to remain silent and do not make statements to police without counsel.
How does mutual combat affect criminal charges?
Mutual combat occurs when both parties voluntarily fight. While not always a complete defense, mutual combat can reduce charges, affect jury sympathy, and provide negotiation leverage. Courts consider who initiated contact, whether both parties wanted to fight, and whether force used was proportional.
Can I be charged with assault for threatening someone verbally?
Assault requires an act that by its nature would directly and probably result in force application—mere words generally aren’t sufficient. However, criminal threats under PC § 422 criminalizes threatening to commit crimes that would result in death or great bodily injury with intent to terrorize, so verbal threats can result in separate criminal charges.
What is “imperfect self-defense” and how is it different from regular self-defense?
Imperfect self-defense exists when you genuinely but unreasonably believe you face imminent danger requiring deadly force. While complete self-defense results in acquittal, imperfect self-defense reduces murder to voluntary manslaughter. It’s a partial defense recognizing you lacked malice required for murder even though your belief wasn’t objectively reasonable.
How do gang enhancements affect violent crime sentences?
Gang enhancements under PC § 186.22(b) add 2-15 years depending on the underlying offense. Violent felonies with gang enhancements often receive the maximum enhancement period. Recent legislation (AB 518) allows courts to strike gang enhancements in the interest of justice, though prosecutors often vigorously oppose such motions.
Contact Tu Defensor Criminalista for West Covina Violent Crimes Defense
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...
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...
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...
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...
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...
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