San Diego Violent Crimes Attorney: Aggressive Legal Defense
Facing violent crime charges in San Diego can alter the rest of your life. Under California law, convictions carry severe penalties, including lengthy state prison sentences, heavy fines, and permanent criminal records. If you or a loved one is facing violent crime accusations, securing experienced criminal defense representation immediately is critical to protecting your rights.
At our firm, we provide aggressive, strategic defense strategies tailored to California’s strict legal framework.
California Violent Crimes & Statutory Rules
In the state of California, violent crimes encompass several major legal classifications under the California Penal Code. Our defense team provides full-service legal defense across four primary categories:
1. Lewd Acts on a Child Under 14 (Penal Code 288)
Under California Penal Code Section 288, a defendant can be charged with committing lewd or lascivious acts on a minor if any of the following conditions are met:
- Age Gap: The minor is 14 or 15 years old and the defendant is at least 10 years older than the victim.
- Sexual Intent: Any inappropriate touching of a minor under 14 (or causing the minor to touch the defendant) executed with sexual arousal or gratification intent.
- Force or Fear: The use of force, violence, duress, menace, or fear of immediate injury to commit the act.
Note: Acts do not necessarily need to be performed in an explicitly overt manner; conduct that carries the outward appearance of innocent behavior can still be charged under PC 288 if intent is alleged.
2. Homicide & Manslaughter (Penal Code 187 & 193)
Homicide charges in California are divided into three primary legal categories: First-Degree Murder, Second-Degree Murder, and Manslaughter.
- First-Degree Murder (PC 187): The unlawful killing of a human being committed with deliberate malice aforethought. Key legal elements include:
- Specific intent to kill or inflict serious, premeditated bodily harm.
- An act planned beforehand (premeditation).
- Engaging in an inherently dangerous activity known to carry a high probability of death.
- Second-Degree Murder: Unlawful killing committed with intent or implied malice, but without deliberate premeditation.
- Manslaughter:
- Voluntary Manslaughter (PC 193): Unlawful killing during a sudden quarrel or heat of passion. Punishable by 3 to 11 years in California state prison.
- Involuntary Manslaughter: Unlawful killing committed without malice or intent, often during an unlawful non-felony act. Punishable by 2 to 4 years in county jail.
3. Rape (Penal Code 261 & 264)
Under California Penal Code Section 261, rape is defined as non-consensual sexual intercourse accomplished by force, violence, duress, menace, or fear. Classified as a felony, penalties include substantial prison terms and fines up to $10,000:
- Adult Victim (Non-Spouse): Punishable by 3, 6, or 8 years in state prison under PC 264(a).
- Spousal Rape: Punishable by 3, 6, or 8 years in state prison under PC 264(a).
- Minor Victim (Under 14): Punishable by 3, 7, 9, or 11 years in state prison.
- Rape “In Concert” (Assisted by Others): Punishable by 5, 7, or 9 years in state prison. If the victim is under 14, terms increase to 10, 12, or 14 years; for victims aged 14 to 18, terms range from 7, 9, or 11 years.
4. Robbery (Penal Code 211)
Under California Penal Code Section 211, robbery is defined as taking personal property in another person’s possession, from their person or immediate presence, against their will, using force or fear.
- First-Degree Robbery: Applies when property is taken from an inhabited home, an active ATM, or from drivers/passengers of taxis, buses, or public transportation.
- Second-Degree Robbery: All other forms of robbery fall under second-degree charges, carrying serious state prison time and felony record implications.
Premium Defense Service Spotlight
Immediate Legal Intervention & Pre-File Investigation Strategy
When facing high-stakes felony charges in San Diego, waiting until your court date is a costly mistake. Our Pre-File Emergency Defense Service provides immediate, high-priority representation before charges are formally filed by the prosecution.
- Direct Negotiation with Prosecutors: We aim to reject or reduce charges before arraignment.
- Independent Evidence Gathering: Rapid deployment of private investigators to interview witnesses and secure surveillance footage.
- Bail Reduction & Release Strategy: Emergency motions to secure release or lower bail thresholds immediately.
Why Choose Our San Diego Violent Crimes Defense Team?
- Deep Local Court Knowledge: Decades of experience navigating the San Diego County Superior Court system.
- Proven Track Record: History of getting charges dismissed, reduced, or acquitted at trial.
- 24/7 Emergency Availability: Immediate access to legal counsel when law enforcement gets involved.
Request Your Confidential Case Evaluation Today
Do not navigate complex violent crime charges alone. Contact our experienced San Diego criminal defense attorneys today for a free, confidential consultation.
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For all the listed reasons, it is important to have great attorneys on your side.
The Law Offices of William R. Burgener, APC, are equipped to represent and defend the accused on all violent crimes convictions. Mr. Burgener’s talent is apparent due to the sensitive nature of these cases and the special attention each defendant receives throughout this tedious process.
San Diego’s Trusted Criminal Defense Attorney
Attorney William R. Burgener is a certified Criminal Law Specialist, authorized and recognized by the State Bar of California. With over 44 years of experience as a Criminal Justice Act (CJA) attorney on the San Diego panel, he has an in-depth understanding of the court system, having represented clients in all San Diego County courts both state and federal, including Downtown, South Bay, Vista, and El Cajon. He is able to represent statewide and nationally.
With more than 35 years of experience in handling federal and state felonies and misdemeanors, Attorney Burgener has successfully managed thousands of cases, frequently securing favorable resolutions. His extensive trial experience includes over 100 federal and state jury trials, as well as numerous successful motions and expungements.
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