SERIOUS & VIOLENT CRIMES DEFENSE

Overview

If you’ve been charged with a serious or violent felony in California, you are facing the most aggressive prosecution the state has to offer. These charges often carry strike enhancements, mandatory prison terms, and long-term consequences that can follow you for the rest of your life.

At Jones Trial Attorneys, we are experienced trial litigators who do not shy away from high-stakes cases. We fight hard—from the earliest stages of investigation through jury verdict—because your future depends on it.

What Are “Serious” and “Violent” Felonies in California?

Under California Penal Code §§ 667.5 and 1192.7, certain crimes are designated as “serious” or “violent” felonies. These labels trigger enhanced sentencing, including:

• Strike offenses under the Three Strikes Law
• Mandatory prison terms
• Limited eligibility for probation, parole, or early release
• Use of enhancements (e.g., firearm, gang, GBI)

You could face double the sentence for any future felony if you already have one strike—and 25 years to life with two prior strikes.

Common Serious & Violent Crimes We Defend

PC § 187 – Murder

The unlawful killing of another person with malice aforethought. First-degree murder includes premeditated killings, felony murder, or killings with special circumstances (e.g., for financial gain or against law enforcement).

PC § 664/187 – Attempted Murder

A strike felony that carries severe prison terms, often with added enhancements for firearm use or great bodily injury (GBI).

PC § 261 – Rape

Non-consensual sexual intercourse using force, threats, or fraud. A serious felony that requires sex offender registration under PC § 290.

PC § 245 – Assault with a Deadly Weapon (ADW)

Using a weapon or force likely to cause great bodily injury. Can be charged as a “wobbler” or felony depending on the weapon and circumstances.

PC § 211 – Robbery

Taking property from a person’s immediate possession by force or fear. First-degree robbery (in a home or vehicle) is a strike offense.

PC § 451 – Arson

Willfully setting fire to property, structures, or forest land. Arson with injury or on inhabited structures is a violent felony.

PC § 288 – Lewd Acts on a Minor

Involves inappropriate sexual conduct with children under 14. A felony with serious prison exposure and lifetime registration.

Enhancements That Increase Exposure

California law allows prosecutors to “stack” sentencing enhancements that can dramatically increase prison time:

• PC § 12022.5 – Use of a firearm
• PC § 12022.7 – Great Bodily Injury (GBI) enhancement
• Gang enhancements – Under PC § 186.22
• Strike enhancements – Second or third strike penalties
• Multiple victim enhancements

We routinely challenge enhancements as unsupported, unconstitutional, or duplicative—and seek to sever them when prejudicial.

Penalties

Penalties for serious and violent felonies can include:

• State prison terms from 3 years to life
• Strike designation on your record
• Sex offender registration (PC § 290)
• Denial of probation
• Loss of firearm rights
• Loss of voting rights while incarcerated
• Difficulty obtaining housing, employment, or licenses

For clients with prior convictions, the Three Strikes Law can escalate the punishment exponentially—even for cases that seem defensible.

Legal Defenses

Each case presents unique facts, but common defenses in serious and violent felony cases include:

• Mistaken Identity
• Especially in high-stress crimes like robbery or assault, eyewitness error is common and often unreliable.
• Alibi
• Evidence showing you were somewhere else during the time of the alleged offense.
• Self-Defense / Defense of Others
• California law allows use of reasonable force when facing imminent harm.
• Lack of Intent or Mental State
• Many serious felonies require specific intent—without it, the charge may not be valid.
• Unlawful Search or Arrest
• Fourth and Fifth Amendment violations can lead to suppression of evidence and dismissal.
• Consent (for sex crime cases)
• Miscommunication or mutual intoxication can lead to false accusations.
• False Allegations
• Motivated by jealousy, revenge, or family disputes—especially in domestic or custody situations.

Immigration & Collateral Consequences

Most serious and violent felonies are considered aggravated felonies and crimes involving moral turpitude (CIMTs) under federal immigration law.

Convictions may lead to:

• Immediate deportation
• Denial of naturalization
• Permanent inadmissibility
• Loss of DACA, TPS, or asylum eligibility

We coordinate with experienced immigration counsel when needed and explore resolution options that minimize immigration exposure.

Our Trial Strategy

We prepare for trial from day one because these cases don’t settle easily. Our approach includes:

• Independent investigation and expert consultation
• Forensic review of DNA, ballistics, cell phone data, surveillance, etc.
• Aggressive pretrial motions (e.g., Pitchess, suppression, 995)
• Narrative development for opening and closing arguments
• Selective jury selection and voir dire tactics
• Witness impeachment and cross-examination preparation

When necessary, we bring in expert witnesses on forensics, psychology, pathology, gang culture, and more.

Related Offenses

• PC § 422 – Criminal threats
• PC § 273.5 – Domestic violence with injury
• PC § 207 – Kidnapping
• PC § 243(d) – Aggravated battery
• PC § 288.5 – Continuous sexual abuse of a child

We also defend against conspiracy, accessory, and attempt charges in relation to these crimes.

Why Choose Jones Trial Attorneys?

We are not afraid of a courtroom. If you are facing serious or violent felony charges, you need an attorney who’s ready to take your case to trial. Our firm has the skill, experience, and toughness to stand up to the government—and win.

We’ve secured dismissals, not guilty verdicts, and favorable outcomes in cases other attorneys wouldn’t take.

Call Now – Free Consultation

Your life, liberty, and future may depend on what you do next. Let’s fight back—together.

📞 Call (866) JTA-WINS or contact us online to speak with a trial attorney immediately.