Attorney Timothy F. Riley is an experienced San Diego criminal defense lawyer with extensive knowledge in defending clients accused of violent offenses. At Timothy Riley Law, APC, we can identify issues that others may miss and have a keen ability to narrow the focus on issues that are important for to our clients’ defense. If you are suspected of murder, aggravated assault, or any other violent crime, you need an experienced criminal defense attorney to fight against the heavy weight of the government resources. A skilled lawyer not only looks for ways to get the charges against you reduced or dismissed but also focuses on developing an effective criminal defense trial strategy.
As a former public defender, Attorney Timothy F. Riley has defended countless serious and violent felonies achieving success where others failed. Attorney Riley offers a comprehensive view of the criminal justice system and appreciates that the true art of defense relies on thorough investigation, constant client communication, cutting edge technology and the continued passion to vigorously defend against such allegations. With strike laws often sending people to prison for decades and life, it is imperative that you have an experienced attorney on your side, prepared to properly defend you or a loved one.
Attorney Riley has a 30-year track record as a successful San Diego criminal defense lawyer. He has demonstrated success for those facing criminal charges, both felonies and misdemeanors in San Diego and throughout California. Timothy Riley is a skilled lawyer who not only looks for ways to get the charges against you reduced or dismissed but also focuses on developing an effective criminal defense trial strategy.
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What is Considered a Violent Offense in California?
In California, violent offenses can include many crimes from murder to assault and battery. A “violent felony” is defined as murder (including attempted murder and voluntary manslaughter), rape (and other sex crimes), any crime likely to cause great bodily injury, any felony punishable by death or life imprisonment, robbery, arson, kidnapping, carjacking, extortion, burglary, and more (California Penal Code section 667.5).
Murder
Under California Penal Code section 187, murder is “the unlawful killing of a human being, or a fetus, with malice aforethought.” Malice aforethought is defined under Penal Code section 188 as a state of mind which can be express or implied for purposes of murder. Express malice is intent to kill and implied malice is a conscious disregard for human life. In California, murder is further divided into first degree and second degree murder.
First Degree Murder versus Second Degree Murder
First degree murder is defined in California Penal Code section 189 as any murder “perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to penetrate metal or armor, poison, lying in wait, torture, or by any other kind of willful, deliberate, and premeditated killing, or that is committed in the perpetration of, or attempt to perpetrate, [a felony], or murder that is perpetrated by means of discharging a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict death, is murder of the first degree.” Additionally, a person who aides and abets another in murder or in the commission of a felony during which a person died is guilty of murder in same degree as the actual killer.
First degree murder is punishable by death, life imprisonment without parole, or a prison term of 25 years to life (California Penal Code section 190). However, under California Penal Code section 190.2, first degree murder committed under specific circumstances disqualifies the defendant from receiving a sentence of 25 years to life in prison. A first degree murder committed under any circumstances described in California Penal Code section 190.2 may only be punished by death or life imprisonment without parole. If the commission of a first degree murder is also a hate crime, it is punishable by life imprisonment without parole (California Penal Code section 190.03).
Per California law, all murders which are not defied as first degree murder are second degree murder (California Penal Code section 189). You can also be charged with second degree murder if you kill someone while driving under the influence of alcohol or drugs and the intoxicated driving is the cause of death.
Second degree murder is punishable by prison term of 15 years to life (California Penal Code section 190). However, if the victim was a peace officer, second degree murder is punishable by life imprisonment or a prison term of 25 years to life. If you are convicted of second degree murder and have previously been convicted of first degree murder you may be sentenced to either life in prison without parole or a prison term of 15 years to life (California Penal Code section 190.05).
Assault and Battery
While many people think of assault and batter as a single crime, they are actually two separate crimes. Assault is defined by California Penal Code section 240 as “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.” Battery is defined by California Penal Code section 242 as “any willful and unlawful use of force or violence upon the person of another.”
Assault is punishable by a fine not to exceed $2,000, imprisonment in county jail not to exceed six months, or both (California Penal Code section 241). However, if an assault is committed against a “peace officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care” it is punishable by a fine not to exceed $2,000, imprisonment in county jail not to exceed one year, or both (California Penal Code section 241).
Battery is punishable by a fine not to exceed $2,000, imprisonment in county jail not to exceed six months, or both (California Penal Code section 243). However, if a battery is committed against a “peace officer, firefighter, emergency medical technician, lifeguard, process server, traffic officer, code enforcement officer, animal control officer, or search and rescue member engaged in the performance of their duties, or a physician or nurse engaged in rendering emergency medical care” it is punishable by a fine not to exceed $2,000, imprisonment in county jail not to exceed one year, or both (California Penal Code section 243).
Great Bodily Injury
In California, a person who inflicts great bodily injury in the commission of a crime will be charged with an enhancement to their sentence under California Penal Code Section 12022.7. Great bodily injury is defined as “a significant or substantial physical injury.” An enhancement means that an addition prison term will be added to your sentence if you are found guilty. For great bodily injury the enhancement rages from three to five years (California Penal Code section 12022.7).
