San Diego Criminal Attorney Explains Violent Crimes in California Law Office of David P. Shapiro
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 Published On Feb 29, 2024

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Law Office of David P. Shapiro
3500 5th Avenue 304
San Diego, CA 92103
619-295-3555
https://www.davidpshapirolaw.com/

Transcript:
I've been a criminal defense attorney in San Diego since 2007 I could tell you that defending against violent crimes is one of the more difficult things that we could do and I say that because you're dealing with usually an alleged victim or let's be real in many cases a victim of a really bad act that's affected him mentally that's affected him emotionally and it's probably affected him physically as well and defending against these cases comes with a lot of emotion a lot of emotion on both sides both obviously from the client the criminally accused as well as the alleged victim and their families whether they are living or not in this video we are going to discuss the many different types of violent crimes particularly the violent crimes that we see a lot of in San Diego we're going to talk about things like murder and homicide we're going to talk about sex crimes and what that looks like from an Inc Court perspective from a public perception perspective and from consequences that last on those types of offenses far beyond what may happen in the courtroom through the trial process and then we're also going to talk about more common offenses like robbery and stuff along those lines torture uh aggravated kidnapping stuff like that that we see far too often quite frankly as a society but things that we need to deal with and we're also going to talk about some defenses some successful defenses talk about some specific cases that we've had some success with employing such defenses on violent crime offenses here in San Diego and stressing the significance of making sure you surround yourself with the right team of defense attorneys and Law Firm when you are facing violent criminal charges first thing people think about when you say violent crime is homicide right homicide could come in many different forms homicide could be murdered right generally speaking homicide is the unlawful killing of a human being when homicide is charged as murder that usually implies that there was malice involved meaning you someone else lost their life and that there was malice on your part if you are the accused murder in California could be first degree or second degree first degree from a penalty perspective is at least 25 to life if convicted second degrees 15 to life assuming there's no weapons no special circumstances those types of things and the difference between first and second degree is the term pre meditation meaning there was some thought it wasn't like a heat of passion type thing or you know a felony DUI that turned into a murder so generally when we talk about premeditation in California that could be seconds it doesn't need to be this elaborate planning months hiring a hit man all the things you see on TV when you start talking about premeditation and levels underneath murder are different variations of manslaughter there you're dealing with usually like if it's a fight or if you think you have a right to defend yourself maybe it could be imperfect self-defense you know not enough to get you convicted of murder but certainly you went above and beyond what the law permits as it relates to what is permitted for self defense or defense of another sometimes it's just gross negligence it could be gross negligence being behind the wheel of a vehicle while under the influence of alcohol it could be something that you did that was so outrageous that you could be charged Char not with murder but charged with a different form of manslaughter and at the lowest level there's misdemeanor manslaughter which is a lot of times you'll see if there's a traffic collision and a vehicle code violation was violated and someone lost their life not rising to the level of a DUI or anything along those lines there are many defenses to different levels of homicide quite frankly depending on what the actual charge is starting at the top murder well maybe it wasn't you maybe you had have an alibi defense maybe it was you and you actually have a lawful defense maybe you had a right to defend yourself maybe you had a right to defend someone else specifically in 2019 this firm handled a pretty well publicized self-defense homicide case our client was involved in a romantic relationship with someone who is still technically legally married that individual's spouse came home found our client literally in bed with his then wife and reacted in a way that many people would with violence with aggression but our client had a right to defend himself because when our client was getting struck in the head with a pipe over and over again despite not initiating any
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