Violent Crimes

San Diego Violent Crime Defense Attorney

California classifies violent offenses across a wide spectrum. A simple assault under Penal Code § 240 — an unlawful attempt to commit a violent injury — is a misdemeanor carrying up to six months in county jail. But assault with a deadly weapon under § 245(a)(1) is punishable by two, three, or four years in state prison. Battery causing serious bodily injury under § 243(d) is a wobbler that can reach four years. Domestic violence charges under § 273.5 carry two, three, or four years, with enhanced penalties if there’s a prior conviction within seven years. And charges like robbery (§ 211), attempted murder (§ 664/187), or murder (§ 187) carry potential life sentences.

The range of consequences means the defense strategy matters enormously. Whether a charge is filed as a misdemeanor or felony, whether it qualifies as a strike under California’s Three Strikes law, and whether the prosecution can prove the specific elements all turn on the facts — and on how effectively those facts are challenged.

If you’re facing violent crime charges in San Diego County, contact Angelo at (858) 255-1803 or request a free consultation online.

How Angelo Defends Violent Crime Cases

Violent crime cases carry high stakes and require an attorney who has actually tried these matters. Angelo has taken attempted murder, felony assault, and domestic violence cases through trial in San Diego County — and has secured outcomes including attempted murder charges reduced to simple battery and cases with 25-to-life exposure dismissed entirely.

Assault and Battery Defense

The legal definitions of assault and battery are narrower than most people realize. Assault under § 240 requires an unlawful attempt coupled with a present ability to commit injury — words alone aren’t enough. Battery under § 242 requires willful and unlawful use of force. When charges escalate to assault with a deadly weapon (§ 245) or battery causing serious bodily injury (§ 243(d)), the prosecution must prove additional elements that create specific avenues for defense: what constitutes a “deadly weapon,” whether the force was actually likely to produce great bodily injury, and whether the injury meets the statutory definition of “serious.”

Domestic Violence Defense

Domestic violence cases under Penal Code § 273.5 require proof that the defendant willfully inflicted corporal injury resulting in a “traumatic condition” on a spouse, cohabitant, or dating partner. The related charge of domestic battery under § 243(e)(1) is a misdemeanor but still carries mandatory participation in a 52-week batterer’s treatment program upon conviction.

These cases often arise from emotionally charged situations where the evidence is more complicated than the initial police report suggests. False accusations, mutual altercations, and exaggerated claims are common. Angelo examines the full circumstances — 911 call recordings, witness statements, medical records, and the alleged victim’s own account — to build a defense that challenges the prosecution’s narrative.

See also: Post-Conviction Relief (for expungement of prior domestic violence convictions)

Criminal Threats, Robbery, and Felonies Carrying Life Exposure

Criminal threats under Penal Code § 422 is a wobbler — but as a felony, it qualifies as a strike. Robbery under § 211 is a straight felony involving the taking of property by force or fear. Attempted murder (§ 664/187) carries a sentence of five, seven, or nine years for most cases, and life with the possibility of parole if the attempt was willful, deliberate, and premeditated. When charges carry strike consequences or life exposure, trial preparation isn’t optional — it’s the only thing that creates meaningful leverage.

• Simple assault (PC § 240/241) — Misdemeanor. Up to 6 months jail, $1,000 fine. Enhanced to up to 1 year if committed against a peace officer.
• Simple battery (PC § 242/243(a)) — Misdemeanor. Up to 6 months jail, $2,000 fine.
• Battery causing serious bodily injury (PC § 243(d)) — Wobbler. Up to 1 year jail or 2, 3, or 4 years state prison.
• Domestic battery (PC § 243(e)(1)) — Misdemeanor. Up to 1 year jail. Mandatory 52-week batterer’s program.
• Domestic violence — corporal injury (PC § 273.5) — Wobbler. 2, 3, or 4 years state prison or up to 1 year jail. Enhanced to 2, 4, or 5 years with a prior within 7 years.
• Assault with a deadly weapon (PC § 245(a)(1)) — Wobbler. 2, 3, or 4 years state prison or up to 1 year jail.
• Criminal threats (PC § 422) — Wobbler. Up to 1 year jail or state prison. Strike offense as a felony.
• Robbery (PC § 211) — Felony. Strike offense.
• Attempted murder (PC § 664/187) — Felony. 5, 7, or 9 years; 15 years to life if willful, deliberate, and premeditated.
• Murder (PC § 187) — Felony. 15 years to life (second degree) or 25 years to life (first degree).