Crimes Against Persons

Crimes against the person include a broad range of criminal offenses involving victims who were injured, killed, or threatened with injury or death. The most serious the injury inflicted, the harsher the potential penalties you will face. If you were charged with a crime against persons, you should call the seasoned Orange County criminal defense attorney William M. Weinberg. He has nearly 30 years of legal experience he can bring to bear on your unique situation.

There are nine categories of crimes against persons enumerated under Title 8 of the California Penal Code, including:

• Homicide,
• Assault and battery,
• Assaults with intent to commit a felony,
• Hostage-taking,
• Robbery,
• Attempts to kill,
• Mayhem,
• Kidnapping,
• False imprisonment.

Homicide occurs when somebody deliberately kills another person. Broadly, the two different categories of homicide are murder and manslaughter. However, there are seven types of homicide charges:

• Capital murder,
• First degree murder,
• Second degree murder,
• Felony murder,
• Voluntary manslaughter,
• Involuntary manslaughter,
• Vehicular manslaughter.

Other than vehicular manslaughter, each of these are felony charges. Each is defined differently. To prove murder under California Penal Code 187a, for example, a prosecutor would need to prove beyond a reasonable doubt that you unlawfully killed a human being or fetus with malice aforethought.

Capital murder is a charge that requires the prosecutor to also show the murder took place under a specific circumstance. The specific circumstances that can cause a murder charge to be elevated to a capital murder charge are enumerated under Penal Code section 190.2 PC. They include:

• Killing someone to stop him or her from testifying as a witness,
• Killing a law enforcement officer,
• Killing someone for financial gain,
• Killing multiple victims,
• Murder that is also a hate crime
• Gang killing.

When capital murder is charged, you can face capital punishment or life in prison without possibility of parole.

Manslaughter can be voluntary or involuntary. Voluntary manslaughter occurs when someone is killed during a fight, in the heat of passion, or because of an honest but unreasonable need he needs to defend himself.

California Penal Code section 664/187(a) defines attempted murder. A crime is considered attempted when it can be show that you had a specific intent to complete an act and also deliberately moved towards completing it.

Assault and battery are commonly charged crimes against persons. You can be charged with assault even if you didn’t make actual contact with another person. Rather, under Penal Code §240, to prove assault the prosecutor must show that your actions could have resulted in an injury; it must be shown beyond a reasonable doubt that you: (1) made an illegal attempt to commit a violent injury on someone, (2) while you had the present ability to apply that force. Even making a gesture like you’re planning to slap someone could count as an assault so long as you had the ability to actually slap the person.

Battery is illegal under Penal Code sections 242 and 243.

There are defenses we may be able to raise on your behalf for assault or battery charges including self-defense, defense of others, insufficient evidence or no willfulness in acting. For example, if you were pushed and accidentally fell into someone, there would be no assault or battery.

Assaults with intent to commit a felony include any sort of attempts with intent to perpetrate rape, sodomy, mayhem, oral copulation, gang rape, and lewd and lascivious acts on a child.

William Weinberg is a trustworthy criminal defense attorney who develops strong defenses for people in Orange County fighting charges of crimes against persons. He understands when it’s appropriate to negotiate a plea bargain, and when it could be appropriate to try a case. With years of experience defending “every crime in the book,” he can put his knowledge to work for you. Call our Irvine office at (949) 474-8008 or fill out our online form to set up an appointment.