Common Defenses to Violent Crime Charges
Defense attorneys may use a range of strategies when fighting violent crime charges. Some common elements in a defense include:
- The victim or witnesses aren’t being truthful: Victims and witnesses can misinterpret or misconstrue events, and sometimes they flat-out lie.
- Mistaken identity: In some cases, the defendant may be mistaken for the actual perpetrator.
- Fourth Amendment: The fourth amendment protects us from illegal searches and seizures. If critical evidence was discovered during an illegal search, it may be excluded.
- Police error: Some cases are thrown out because of impropriety or misconduct on the part of law enforcement.
- Chain of custody: When evidence is found at the crime scene, it is taken into police custody, sent to a crime lab for analysis, and then sent back to the police department. While the evidence is changing hands, the police are required to keep a chain of custody record documenting who has the evidence and when. If the record is flawed, the defense may argue that the evidence submitted is not actually the evidence taken from the crime scene.
- Entrapment: The police cannot coerce a person into committing a crime.
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Our Criminal Defense Case Results
At the Law Offices of Justin E. Sterling, we know results matter. It’s your life and your future on the line. We have successfully defended individuals facing serious criminal charges, secured dismissals, not-guilty verdicts, and achieved life-changing outcomes in both state and federal courts. While every case is unique, these examples reflect our experience and commitment to justice.
Robbery & Violent Felony Defense Crimes
- Three Strikes Armed Robbery – DISMISSED
The client, facing 25 years to life, was released the same day after charges were dismissed before jury selection. - Attempted Murder – NOT GUILTY ON ALL COUNTS
Acquittal after trial involving DNA, fingerprint, and eyewitness identification experts. Client avoided 35 years to life. - Robbery Charges – REDUCED & TREATMENT ORDERED
Psychiatric evidence led to a non-strike disposition and court-ordered mental health treatment.
Common Penalties for Violent Crimes
The punishment for a violent crime hinges on whether the crime is charged as a misdemeanor or a felony. In California, misdemeanor offenses may result in jail sentences of less than 1 year, while felony offenses can lead to prison terms of more than 1 year. The most serious felony offenses could land a person in prison for life.
There are also punishments besides incarceration. Defendants may be saddled with hefty fines and forced to forfeit certain civil liberties, such as gun ownership. A conviction could also affect a person’s job prospects, housing search, child custody matters, and personal relationships.
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