The State of California has nine crimes they deem “crimes against a person.” These are generally punished more severely than crimes that are considered victimless. If you have been charged with any of the following nine crimes then we urge you to contact Chambers Law Firm at 714-760-4088 right away for a legal consultation.
- There are two types of homicide
- Mayhem
- Kidnapping
- Taking hostages
- Robbery
- Attempted murder
- Assault during a felony
- False imprisonment
- Assault and battery
The state of California defines homicide as intentionally killing someone and separates cases into first-degree and second-degree homicide. First-degree murder is the more serious charge and involves planning or otherwise premediating the crime, while second-degree homicide involves a crime of passion. There are very specific circumstances that must apply in order for first-degree murder to apply. If they do not all apply then the charge must be second-degree homicide.
According to California law, mayhem involves any of the following acts: Cutting a person’s nose, lips, or ears; removing a body part of someone else; cutting or otherwise disability a person’s tongue; disabling a part of a person’s body more than temporarily, or permanently disfiguring a person.
The legal definition of kidnapping is moving a person to another location without their consent by using force and / or fear. Aggravated kidnapping is a more serious charge and it involves a victim who is 13 years old or younger, random, bodily harm or death, or is occasioned during a carjacking.
This may seem the same as kidnapping and it does involve kidnapping, but in order for a crime to be considered taking a hostage it must also include: A defendant who was facing a risk of arrest, a defendant trying to protect themselves against arrest by restraining a person, and a defendant that risked physical and / or psychological harm to the victim.
Defined as taking a person’s property when they are in possession of it or when it is in their immediate presence, it must be done using force or fear and without the owner’s consent for it to qualify as robbery.
Treated almost as seriously as murder, attempted murder must involve a person taking action toward accomplishing the murder (not just planning) and the intent to kill. As with murder, there are first- and second-degree attempted murder charges.
Not all assaults are felonies but if they are committed during the act of another felony, then they are felonies and crimes against a person.
False imprisonment, which means unlawfully violating a person’s personal liberty is a felony and crime against a person.
Defined as an unlawful attempt to commit violent injury with the ability to do so, assault is a crime against a person, as is battery, which is actually using force or violence against a person.
If you have been charged with or accused of any of these crimes then you need to work with a criminal defense attorney. You can contact Chambers Law Firm at 714-760-4088 for your free legal consultation.
