Donte T Wyatt -
How can your criminal attorney effect your crimes of violence case?
Crimes of Violence
Crimes of Violence is a general term that describes a series of crimes involving varying types of assaults battery,
threats and even murder. All of these crimes involve violent acts directed towards a specific victim. These crimes
can be subdivided into Domestic Violence, general Assault and Batteries and Mayhem and Murder.
Domestic Violence includes all assaults batteries, rapes and criminal threats and murders and attempted murders
where there is a relationship between the accused and the alleged
Generally the relationship is of an intimate nature such as a married or previously married couple, two people that
are (or were) in a dating relationship or were or are currently cohabitants, or finally share a child. The criminal
justice assign specific statues to enhance the punishment or allow different evidentiary rules to apply to these
types of cases. For example if a person commits a simple battery on a stranger they may be charged with violating
Penal Code section 242, however if there is a relationship between the parties the District Attorney has the
alternate choice of charging the person accused of the crime with a violation of Penal Code section 243(e)(1). If
the accused is convicted of violating Penal Code section 243(e)(1) the court may require the person convicted of
the crime to participate in the 52 week domestic violence rehabilitation program, which would not be required for a
person convicted of violating Penal Code section 242.
General Assault and Battery is simply a violent crime of varying degrees of violence where there is
no additional factors such as a relationship between the parties. This can include simple battery in violation of
Penal Code section 242 or Battery with serious bodily injury in violation of Penal Code section 243(d). It further
would include simple assault in violation of Penal Code section 240 or the aggravated assaults such as Assault with
force likely to inflict Great Bodily injury or with a deadly weapon in violation of Penal Code section 245(a)(1).
All of the general assaults can be charged with enhancements that further describe the crime and add additional
punishment. These allegations can be attached to most other crimes of violence including domestic violence charges.
The include but are not limited to allegations that involve the actual infliction of Great Bodily injury with in
the meaning of Penal Code section 12022.7; personal or vicarious use of a deadly weapon in violation of Penal Code
section 12022(b)(1), or personal armed of a gun in violation of Penal Code section 12022(a)(1) or who uses a gun
during the commission of a felony with in the meaning of Penal Code section 12022.5.
Mayhem, Torture and Murder
The crime of mayhem involves the an assault or battery that leaves to the personal disfigurement of the victim.
Aggravated Mayhem involves the permenant disfigurment of a victim but there is the additional requirement that the
mayhem was committed with extreme indifference to the physical and psychological well being of the person or
intentionally cause the permanent disability or disfigurement.
Torture is similar to mayhem but it involves intentionally great bodily injury with the intent to cause cruel or
extreme pain or is done for sadistic purposes or for revenge extortion or persuasion.
Murder is the illegal killing of a human being with malice aforethought. Malice aforethought can be manifested by
the intent to kill or engaging in conduct that shows reckless disregard for human life. In addition, murder can be
elevated to First Degree if the death is cause during the commission of an inherently dangerous or serious felony
or the murder is acted out in a certain way as prescribed by statue, such as lying in wait, in a premeditated
fashion or by poison.
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