What is Violent Crime Defense in California?
Violent crimes in California encompass a broad range of offenses under the Penal Code, including simple and aggravated assault (PC §240, §245), battery (PC §242, §243(d)), criminal threats (PC §422), kidnapping (PC §207), false imprisonment (PC §236), and stalking (PC §646.9). Many of these are ‘serious’ or ‘violent’ felonies under PC §667.5 and §1192.7, qualifying as strikes under California’s Three Strikes Law — meaning a future felony triggers double sentencing, and a third strike can mean 25 years to life.
Morris Law PC, A Criminal Defense Firm, represents clients facing these charges across Alameda County and the greater Bay Area. With offices in Oakland and Berkeley, our team brings courtroom-tested defense to every stage of the case — from arrest and arraignment through trial, sentencing, and post-conviction relief.
Charges & Penalties Under California Law
- Simple Assault (PC §240). Misdemeanor: up to 6 months county jail and $1,000 fine.
- Assault with a Deadly Weapon (PC §245(a)(1)). Wobbler: misdemeanor up to 1 year; felony 2, 3, or 4 years state prison. Strike offense.
- Battery (PC §242). Misdemeanor: up to 6 months county jail.
- Battery with Serious Bodily Injury (PC §243(d)). Wobbler: up to 4 years state prison. Strike if great bodily injury.
- Aggravated Assault / Mayhem (PC §203). Felony: 2, 4, or 8 years state prison. Strike offense.
- Criminal Threats (PC §422). Wobbler: misdemeanor up to 1 year; felony 16 months to 3 years. Strike as a felony.
- Kidnapping (PC §207). Felony: 3, 5, or 8 years state prison. Aggravated kidnapping (PC §209): life. Strike offense.
- False Imprisonment (PC §236). Misdemeanor up to 1 year; felony 16 months to 3 years if accomplished by violence.
- Stalking (PC §646.9). Wobbler: misdemeanor up to 1 year; felony up to 5 years state prison.
- Great Bodily Injury Enhancement (PC §12022.7). Adds 3 years to any felony where the victim suffered GBI.
Defenses Our California Lawyers Use
- Self-defense and defense of others. California allows reasonable force in response to an imminent threat of harm (CALCRIM 3470). Stand-your-ground principles apply — you have no duty to retreat in California.
- Defense of property. Reasonable non-deadly force may be used to defend your home or property (PC §198.5 castle doctrine for the home).
- Mistaken identity. Eyewitness identifications are scientifically unreliable. We challenge lineup procedures, show-up identifications, and conduct forensic comparison of surveillance footage.
- Lack of specific intent for criminal threats. PC §422 requires the threat to be unequivocal, immediate, and cause sustained fear. Angry venting, conditional threats, and statements not intended as threats often fail this standard.
- Imperfect self-defense. Under People v. Flannel, an honest but unreasonable belief in the need for self-defense reduces murder to voluntary manslaughter — a crucial mitigation tool.
- Heat of passion / sudden quarrel. Provocation that causes reasonable people to act rashly can negate malice aforethought (PC §192).
- Strike-reduction motions. Under People v. Superior Court (Romero), the court can dismiss prior strikes ‘in the interest of justice’ to avoid disproportionate sentencing.
Where We Defend These Cases
Morris Law PC operates from two East Bay locations. Each office leads the firm-wide defense effort for clients in its surrounding communities — and our team works as a single firm regardless of which office you walk into first.
Oakland Office — Lead Office for Alameda County
1300 Clay St, Suite 600
Oakland, CA 94612
Phone: (510) 824-8831
The Oakland office is one block from the Wiley W. Manuel Courthouse (661 Washington Street) and a short walk from the René C. Davidson Courthouse (1225 Fallon Street), where most Alameda County felony cases are heard. See Oakland violent crime defense services →
Berkeley Office
2001 Addison St, Suite 300
Berkeley, CA 94704
Phone: (510) 350-3225
The Berkeley office serves clients facing charges in Berkeley, Albany, Emeryville, El Cerrito, and across northern Alameda County, as well as UC Berkeley students and faculty. See Berkeley violent crime defense services →
Frequently Asked Questions
What makes a California violent crime a ‘strike’ offense?
PC §1192.7 (serious felonies) and PC §667.5(c) (violent felonies) list the strike offenses. Common strikes include assault with a deadly weapon, criminal threats (felony), kidnapping, mayhem, and any felony where great bodily injury is inflicted. A first strike doubles future sentences; a third strike triggers 25-to-life under the Three Strikes Law.
Can I claim self-defense in a California assault case?
Yes. California has no duty to retreat — you may stand your ground and use force proportional to the threat (CALCRIM 3470). Deadly force is justified only in response to imminent threat of death, great bodily injury, or specific felonies. Your honest belief, even if unreasonable, can reduce the charge under imperfect self-defense.
Is criminal threats a felony in California?
It is a wobbler. PC §422 can be filed as a misdemeanor (up to 1 year jail) or felony (up to 3 years state prison) depending on the alleged threat, prior record, and victim impact. The felony version is a strike. The prosecution must prove the threat was specific, unequivocal, immediate, and caused sustained fear.
What is the difference between assault and battery in California?
Assault (PC §240) is the attempt or threat of force with present ability — no contact required. Battery (PC §242) is the willful, unlawful use of force or violence on another — actual contact, however slight. The classic example: swinging at someone is assault; landing the punch is battery.
Can a great bodily injury enhancement be removed?
Sometimes. PC §12022.7 adds 3 years for inflicting ‘great bodily injury’ on a non-accomplice. Courts have authority under PC §1385 to strike enhancements in the interest of justice — and the 2022 amendments expanded that authority. We push for striking enhancements at sentencing wherever possible.
Speak With a California Defense Lawyer Today
Every case is different — and every hour you wait can narrow your options. Call (510) 330-0814 for a free, confidential consultation with a Morris Law PC defense lawyer. Available 24/7, including evenings and weekends.