DEFENSE ATTORNEY IN SACRAMENTO
Crimes Against Another Person
Crimes against persons is a term used to define the general group of criminal offenses that involve bodily harm, the threat of such, and other actions against individuals.
There are 9 types of crimes against persons as defined by California Law:
- Attempts to Kill
- Assault with Intent to Commit a Felony Other than Murder
- False Imprisonment and Human Trafficking
- Assault and Battery
Homicide is defined as the intentional killing of another person. California state recognizes two types of murder – first and second degree. First degree murder is more severe and includes planning, premeditation, and deliberation. There is a list of specific circumstances that must apply to a case for it to be considered first degree murder. If the specific case does not meet any of the specific circumstances, the crime is considered second degree murder.
The legal definition of mayhem under California Penal Code 203 is performing one of the following acts, unlawfully and maliciously:
- Removing a part of someone’s body
- Disabling a part of someone’s body more than temporarily
- Permanently disfiguring someone
- Cutting or disabling someone’s tongue
- Cutting a person’s nose, ears, or lips
- Putting someone’s eye out or damaging the eye in such a way that it is useless for the purpose of ordinary sight
Simple kidnapping is defined by moving a person to another location without their consent and using force or fear.
Aggravated kidnapping is the same act as simple kidnapping but is more serious and carries harsher punishment because it includes one or more of the following aspects:
- The victim is under 14 years of age
- The victim is held for ransom
- The victim suffers bodily harm or death
- The victim is kidnapped during a carjacking
Taking a hostage is somewhat similar to kidnapping as it involves moving or containing a person without their consent. For the crime to be considered hostage-taking, the following elements must be established in addition to kidnapping elements (moving or restraining the victim against his or her will through force or fear):
- The defendant was facing the threat or risk of imminent arrest
- The defendant intended to protect him or herself against the threat of arrest by restraining the victim
- The defendant substantially increased the risk of physical or psychological harm to the victim or intended to use the victim as a shield
Robbery is defined by the taking of personal property in the possession of another individual from that person directly or from that person’s immediate presence. This act must be done against the property owner’s consent and accomplished through force or fear.
Attempt to Kill
Attempted murder is treated in California almost as seriously as actual murder. In order to make a strong case for attempted murder, the following must be established:
- The defendant took an actual action towards accomplishing the death of another person. This means that there has to be more than just planning – the plan or physical action must have been initiated to be considered attempted murder.
- The defendant’s intention was to kill the victim
As with actual murder, there are first and second degrees to attempted murder. Similar to actual murder, first degree attempted murder must include willful, deliberate, premeditated planning and all other attempted murders fall into the second degree.
Punishment for attempted murder is extremely severe – first degree attempted murder can result in life in prison or up to $10,000. Attempted murder is always a felony and that carries its own consequences.
Assault During a Felony Other than Murder
Assaults are not automatically felonies. However, when the accused party commits an assault in order to commit a felony, such as including robbery, rape, sodomy, mayhem, oral copulation, another assault, child molestation, etc., this is considered a crime against persons as is an additional felony. This also includes the use of chemical agents, such as chloroform, to inoculate an individual so a felony may be committed.
False Imprisonment and Human Trafficking
The state of California defines false imprisonment as the unlawful violation of the personal liberty of another with the intent to pimp, pander, kidnap for prostitution, hire a minor for porography, extort or blackmail, or to obtain labor or services.
Unlawful deprivation or violation of an individual’s personal liberty may be accomplished through fraud, deceit, coercion, violence, duress, or the reasonably believed threat of violence to the victim or to another person.
Assault and Battery
Assault is defined by the unlawful attempt, coupled with the current ability, to commit violent injury to another person. Battery is the actual use of force or violence against another person.
Have You Been Accused?
If you have been accused of any of the above crimes against persons, it’s vital that you seek legal representation as soon as possible. The crimes are complicated and can be difficult to prove so long as you have someone on your side who understands the nuances in the law.
LET THE LAW OFFICES OF ALIN CINTEAN PROTECT YOUR RIGHTS
The Law Offices of Alin Cintean offers comprehensive criminal defense from the beginning of your case through the final appeal. Let our defense attorney in Sacramento defend your rights. Contact us online or by telephone at (916) 441-3500 to arrange a personal consultation with Alin Cintean today.