Violent Crime Lawyer in Los Angeles

Los Angeles violent crimes attorney Douglas Miranda at Miranda Rights Law Firm can provide the legal guidance and defense representation you’ll need if you’re charged with a criminal offense that is a serious or violent crime in California.

California’s three strikes law imposes a 25-year-to-life prison sentence on defendants who receive a conviction for a serious or violent felony after they already have two serious or violent criminal offenses on their criminal record.

Voters amended the original law in 2012 by passing Proposition 36 to ensure that life sentences are imposed for only the most violent and serious crimes. If you’re charged with a third violent or serious felony after two violent or serious felony convictions, you face a 25-year-to-life sentence.

Contact Miranda Rights Law Firm at 213-255-5838 — your first consultation is free.

How Did Proposition 36 Change the Three Strikes Law?

Proposition 36 narrowed the three-strikes law so that only a serious or violent third felony triggers the 25-year-to-life sentence, eliminating the prior rule that allowed any felony — including minor offenses — to count as a third strike.

Before Prop 36, a third strike could be triggered by any felony charges, including shoplifting or simple drug possession, if the offender had two previous strikes. Under Proposition 36, the third strike must also be serious or violent to trigger the 25-to-life sentence.

Under California law, the 25-to-life sentence can still be imposed if the defendant has a prior conviction for an “extraordinary” crime (like murder or certain sex crimes) or if the new crime involves a firearm or a large quantity of drugs.

What Crimes Are Strikes Under California Penal Code?

A “strike” under California’s three strikes law is a conviction for a serious or violent felony as defined by California Penal Code sections 667.5 and 1192.7 — categories that cover a wide range of violent crimes from robbery to rape.

A strike under the three strikes law is a conviction for a serious or violent felony. Serious felonies include first-degree burglary, robbery, child sex trafficking, and any felony offense where an assailant inflicts a serious injury or uses a deadly weapon.

Violent felonies include murder, attempted murder, voluntary manslaughter, kidnapping, and rape. Violent felony convictions from other states may count as prior convictions. Several juvenile crimes also count as strikes if the defendant was 16 or older at the time of the crime.

If you’ve been falsely accused of a serious or violent crime or if you were acting in self-defense, promptly contact Miranda Rights Law Firm.

Violent Crime Charges in Los Angeles County: What’s Actually at Stake

Violent crimes in Los Angeles County are prosecuted aggressively, and even a first-time felony conviction can mean years in California state prison, lifetime registration requirements, loss of firearm rights, and severe damage to employment and housing prospects.

The stakes in a violent criminal case extend well beyond the prison sentence itself. A felony conviction in Los Angeles enters the public court records and follows a defendant for life. Depending on the specific charge, the legal consequences can include:

California state prison time — violent felonies typically carry determinate sentences under California Penal Code section 1170, or indeterminate sentences (such as 15-to-life or 25-to-life) for the most serious offenses like first degree murder or second degree murder.
A strike on your record — any conviction qualifying as a serious or violent felony counts as a strike under California Penal Code section 667, meaning future felony offenses carry dramatically elevated penalties.
Deadly weapon enhancements — if a deadly weapon was used or a peace officer was the victim, California Penal Code section 12022 and related enhancements can add years — sometimes decades — to an underlying sentence.
Sex offender registration — certain violent crimes, including rape and other offenses covered on our Los Angeles sex crimes page, require lifetime registration under California Penal Code section 290.
Loss of civil rights — a felony conviction results in the loss of the right to possess firearms and can affect voting rights, professional licenses, and immigration status.

Understanding what the prosecution must prove — and where their case can be challenged — is the foundation of any effective criminal defense in a violent crime matter.

How Violent Crimes Are Charged and Prosecuted in Los Angeles

The Los Angeles County District Attorney’s Office decides whether to charge a violent crime as a misdemeanor crime or a felony crime based on the specific facts, the defendant’s prior record, and the severity of harm alleged — and those charging decisions directly shape the defense strategy.

California criminal law classifies most violent offenses as felony crimes, though some — like simple assault or criminal threats in certain circumstances — can be charged as either a misdemeanor crime or a felony (these are called “wobblers”). The Los Angeles County DA’s office files violent criminal charges in state court; cases involving federal law — such as crimes on federal property or certain firearm offenses — are prosecuted in federal courts.

Once charges are filed, the criminal court process moves through arraignment, preliminary hearing (for felonies), pre-trial motions, and trial. At each stage, a skilled criminal defense lawyer can challenge the prosecution’s case:

Pre-arraignment — before formal charges are filed, an attorney may present exculpatory evidence to the DA’s office to prevent charges from being filed at all.
Preliminary hearing — a judge decides whether there is probable cause to hold the case for trial. Challenging the prosecution’s evidence here can sometimes end the case early.
Pre-trial motions — a criminal defense attorney can move to suppress illegally obtained evidence, dismiss charges for insufficient evidence, or challenge the constitutionality of a search or arrest.
Plea negotiations — in appropriate cases, negotiating a favorable plea bargain can reduce a violent felony charge to a lesser offense, eliminating a potential strike and reducing exposure to California state prison.
Trial — the prosecution must prove every element of the charge beyond reasonable doubt. A not-guilty verdict requires only that the jury harbor reasonable doubt — the defendant is not required to prove innocence.

Legal Defenses to Violent Crime Charges in Los Angeles

Common legal defenses in violent crime cases include self-defense, defense of others, false accusation, mistaken identity, insufficient evidence, and challenging the reliability of witness testimony — all of which depend heavily on the specific facts of the case.

The right defense strategy depends entirely on what happened and what the evidence shows. Among the most commonly raised legal defenses in Los Angeles violent crime cases:

Self-defense or defense of others — California Penal Code section 198.5 recognizes the right to use reasonable force to protect yourself or another person from imminent harm. If the force used was proportionate to the threat, self-defense is a complete defense to charges like assault, battery, or even homicide.
Mistaken identity — eyewitness misidentification is one of the leading causes of wrongful convictions. We scrutinize photo lineups, identification procedures, and witness reliability to challenge the prosecution’s case.
Lack of intent — many violent crimes require proof of specific criminal intent. If the prosecution cannot prove the required mental state, a guilty verdict is not legally supportable.
False accusation — individuals who are falsely accused of violent crimes face the full weight of the criminal justice system. We investigate the circumstances of the accusation, including potential motives to fabricate.
Constitutional violations — if police obtained evidence through an unlawful search or failed to honor a defendant’s Miranda rights, that evidence may be suppressed, weakening or eliminating the prosecution’s case.

If the Police Arrest You

If you are taken into custody on a violent crime charge, exercise your constitutional rights immediately: remain silent, do not answer questions without an attorney present, and contact a criminal defense lawyer as soon as possible.

Exercise your rights if you are taken into custody and charged with a serious or violent crime. Be cordial, but insist on your right to remain silent and your right to an attorney. You can say, “I would rather not answer questions until my lawyer can be here,” and say nothing more.

If you face violent or serious criminal charges after two convictions for violent or serious felonies, life in prison is a real possibility. Contact Miranda Rights Law Firm immediately by calling 213-255-5838. If you are charged with a violent crime, your first consultation is free.

Can you avoid a 25-year-to-life sentence after a third violent or serious felony conviction? In some cases, Los Angeles violent crimes lawyer Douglas Miranda may file a “Romero motion” on your behalf, asking the court to dismiss one or both of the first two convictions.

If the judge grants your Romero motion, a conviction in your pending violent or serious felony case would be considered a first or second rather than a third strike.

Frequently Asked Questions: Violent Crime Defense in Los Angeles

What is the difference between a serious felony and a violent felony in California?

California Penal Code section 1192.7 defines serious felonies, while section 667.5 defines violent felonies. The two categories overlap but are not identical — for example, robbery appears on both lists, while certain assault offenses appear only as serious felonies. Both categories trigger strike status under the three strikes law, but violent felonies generally carry harsher base sentences and more significant sentencing enhancements.

Can a violent crime charge be reduced to a misdemeanor?

Some violent offenses are “wobblers” under California criminal law — meaning the prosecutor has discretion to charge them as either a misdemeanor crime or a felony, and a judge can reduce a felony wobbler to a misdemeanor at sentencing or after successful probation. Straight felonies (like first-degree murder or second-degree murder) cannot be reduced this way. Whether a reduction is possible depends on the specific charge, the facts, and the defendant’s record.

What happens if I already have one or two strikes on my record?

With one prior strike, a new serious or violent felony conviction doubles the minimum sentence. With two prior strikes, a new serious or violent felony conviction — under the post-Proposition 36 rules — triggers a 25-year-to-life sentence. An attorney may file a Romero motion to ask the court to dismiss a prior strike in the interest of justice, which can dramatically change the sentencing outcome.

How does self-defense work as a defense to murder charges?

California recognizes both perfect and imperfect self-defense in murder cases. Perfect self-defense — where the defendant reasonably believed deadly force was necessary to prevent imminent death or great bodily injury — is a complete defense and results in acquittal. Imperfect self-defense — where the belief was honest but unreasonable — reduces first-degree murder or second-degree murder to voluntary manslaughter, which carries a significantly lower sentence than a murder conviction.

Does a violent crime conviction affect immigration status?

Yes. Under federal immigration law, a conviction for a crime involving moral turpitude or an aggravated felony — categories that include most violent crimes — can result in deportation, inadmissibility, or denial of naturalization. Non-citizen defendants facing violent criminal charges in Los Angeles County should ensure their criminal defense attorney understands the immigration consequences before any plea deal is accepted.

Defend Your Future with Miranda Rights Law Firm

If you’re not guilty of a violent crime, fight the charge — but do not act as your own criminal defense lawyer. A mistake could put you in a California state prison, even if you’re innocent. Instead, call Los Angeles violent crimes lawyer Douglas Miranda at Miranda Rights Law Firm.

If you’re charged with a violent or serious felony, you’ll need an experienced Los Angeles criminal defense attorney with a strong track record and a reputation for legal excellence. Attorney Douglas Miranda will speak to the witnesses, review the physical evidence in your case, and build an aggressive, effective defense strategy tailored to your situation. He will seek to have the case dismissed, negotiate an acceptable plea bargain, or aggressively defend you at trial. We represent clients facing violent criminal charges throughout Los Angeles County, in both state and federal courts.

Call Miranda Rights Law Firm at 213-255-5838 to schedule a free case review. Se Habla Español.