Violent Crime Charges

Violent crime charges are among the most serious in the criminal justice system – they often carry severe penalties, including long prison terms and even life sentences. If you’re accused of a violent offense in San Jose, Santa Clara County, or the greater South Bay (assault, robbery, gang-related crime, or worse), you need the very best defense. The prosecution will use the full force of the law against you. At VIB Law, we fight back just as hard for our clients.

Early action is critical in violent crime cases. We believe in immediately investigating the incident: locating and interviewing witnesses, gathering surveillance footage or other evidence, and getting background information on any accusers or witnesses. This proactive approach can uncover evidence of self-defense, mistaken identity, or exaggeration before the trail goes cold. Our firm often brings in professional investigators and experts (e.g., forensic analysts, use-of-force experts) at the earliest stages to strengthen your case.

Patrick Valencia

Senior Partner, Criminal Defense Attorney

Riccardo Ippolito

Partner, Criminal Defense Attorney

Contact Us Today

We’re ready to stand by you 24/7 and fight for you when it matters most.

Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.

For Urgent Matters:

Call: (408) 920-9720 or Toll-Free: 1-877-766-5245

Why Choose VIB Law for Violent Crime Criminal Defense

  • Team of Experts

    Our violent crime defense team includes former prosecutors who understand how the state builds cases. We have successfully defended clients in cases ranging from bar-fight assaults to gang-related felonies and homicides.

  • Resource-Intensive Defense

    Violent felony cases require a law firm with significant resources. Unlike solo attorneys, we have a full team to conduct thorough investigations, research complex motions, and dedicate time to your case. This means no stone is left unturned in your defense.

  • Track Record of Success

    We’ve obtained not guilty verdicts and case dismissals in serious cases like armed robbery and attempted murder. For example, recently we secured the dismissal of a PC 245(a)(1) assault with a deadly weapon charge after proving mistaken identity through surveillance footage. In another case, a PC 187 murder charge was reduced to voluntary manslaughter after we demonstrated strong provocation evidence. Our experience gives us the insights to craft winning strategies.

  • Aggressive Motions Practice

    We file and argue all viable pre-trial motions (to suppress illegally obtained evidence, to dismiss insufficient charges, etc.). Murder cases especially demand top-notch legal research and motion work – our ability to fight the government in court motions is a key part of our success.

  • Defenses Tailored to You

    Whether it’s establishing an alibi, proving self-defense, or highlighting police procedural errors, we build a defense strategy suited to the facts. We often utilize expert witnesses (e.g., eyewitness identification experts to show mistaken identity, or forensic experts to refute junk science). Every case gets a custom approach.

  • Compassion and Support

    Being charged with a violent crime is terrifying. We understand your future and freedom are at stake. We treat you and your family with respect, keep you informed at every stage, and deliver on our Client Guarantee — you can reach your attorney when you need them, not just during business hours.

  • Local Advocacy Across the South Bay

    At VIB Law, we are deeply connected to the communities we serve. Our violent crime defense attorneys regularly appear in courts throughout San Jose, Santa Clara County, and the greater South Bay, representing clients in cities such as Sunnyvale, Cupertino, Mountain View, Milpitas, and Los Gatos. We also defend individuals facing serious charges in surrounding jurisdictions, including Alameda, San Mateo, and Santa Cruz counties. This local experience means we understand how prosecutors, judges, and law enforcement in these areas approach violent crime cases — knowledge that we leverage to build stronger, more strategic defenses for our client

Testimonials

Please Note: All testimonials have been anonymized for privacy and sensitivity.

Practice Area: Violent Crimes

“I recently used Mr. Valencia and was very pleased with his services. I highly recommend him.”
— Former Client

Attorney’s Note: Patrick Valencia
Mr. Valencia provided attentive, competent representation, delivering excellent client satisfaction.

Practice Area: Violent Crimes

“VIB Law successfully represented me in multiple cases with outstanding results every time. Special thanks to Riccardo Ippolito!”
— Former Client

Attorney’s Note: Riccardo Ippolito
Consistent, high-quality defense across varied criminal matters ensured client trust and success.

Practice Area: Violent Crimes

“Thanks to Riccardo and the team for being professional and honest. They were the light at the end of a dark tunnel during a critical time in my life.”
— Former Client

Attorney’s Note: Riccardo Ippolito
Our team provides steady support and transparency throughout difficult cases.

Practice Area: Violent Crimes

“This was my family’s first time needing a lawyer, and Mr. Ippolito was amazing — patient, understanding, and knowledgeable. He reduced my brother’s sentence to less than half what was expected.”
— Former Client

Attorney’s Note: Riccardo Ippolito
Compassionate guidance and skilled negotiation achieved substantially reduced sentencing. There are a lot of cases where dismissal is not an option. However, in this case, we were able to bring a lot of mitigating factors to the DA. This resulted in the DA giving us an offer that our client was very happy with.

Practice Area: Violent Crimes

“I regularly refer cases to Valencia and Ippolito, and clients always report caring and capable service. They handle sensitive criminal defense cases magnificently.”
— Referral Source

Attorney’s Note: Patrick Valencia
Our firm is recognized for professional, empathetic criminal defense work.

Practice Area: Violent Crime
“He helped me get out of trouble and gave me a new future.”
— Former Client

Attorney’s Note: Patrick Valencia
Our work focuses on rehabilitation and fresh starts for clients.

Common Violent Crime Charges and Penalties

Violent crimes encompass a range of offenses, from misdemeanors to life-sentence felonies. In Santa Clara County and surrounding jurisdictions such as Alameda, San Mateo, and Santa Cruz counties, these cases are prosecuted aggressively, and penalties can be severe. Some common charges in California include:

  • Assault (Penal Code 240) & Battery (PC 242): An assault is an attempt to inflict force or violence, and a battery is any willful and unlawful use of force or violence on someone. Simple battery is a misdemeanor (up to 6 months in jail), but aggravated forms (using a deadly weapon or causing serious injury) can be felonies. For example, assault with a deadly weapon (PC 245) can carry several years in prison.
  • Robbery (Penal Code 211): This is the act of taking someone’s property from their person by force or fear. Robbery is always a felony, with first-degree robbery (e.g., in a home or with a weapon) carrying up to 9 years in state prison per count. Using a gun or causing great bodily injury can add significant time through sentencing enhancements.
  • Criminal Threats (Penal Code 422): Threatening someone with death or great bodily harm in a way that places them in reasonable and sustained fear for their safety. This is a “wobbler,” meaning it can be charged as either a felony or a misdemeanor. A felony conviction can result in up to 3 years in prison and is considered a “strike.”
  • Homicide: Murder (PC 187) & Manslaughter (PC 192): Homicide is the killing of one human being by another. The specific charge depends on the mental state of the defendant.
    • Murder (PC 187) is an unlawful killing with "malice aforethought" (intent to kill or a reckless disregard for human life).
      • First-Degree Murder is premeditated, deliberate, or done during a dangerous felony (like robbery). Penalties include 25 years to life, life without parole, or death.
      • Second-Degree Murder includes all other killings with malice. The sentence is typically 15 years to life.
    • Manslaughter (PC 192) is an unlawful killing without malice.
      • Voluntary Manslaughter is an intentional killing in a "heat of passion" or sudden quarrel. It is a felony punishable by up to 11 years in prison.
    • Involuntary Manslaughter is an unintentional killing resulting from criminal negligence or during a non-felony crime. It is a felony carrying up to 4 years in prison.
  • Gun Charges: Using a firearm in the commission of a felony or being a felon in possession of a firearm (PC 29800) dramatically increases penalties.

California’s “10-20-Life” law adds 10 years for using a gun, 20 years for firing it, and 25-to-life for causing great bodily injury or death with a gun during a serious felony. Our attorneys defend clients facing these charges in San Jose and across Santa Clara County, as well as in neighboring areas including Alameda, San Mateo, and Santa Cruz counties..

Defense Focus: Homicide Charges & Possible Outcomes

Our Strategic Approach to Homicide Defense
In every homicide case, our primary objective is to achieve a full acquittal and hear the words "Not Guilty." We begin every case by building a strategy aimed at complete exoneration. Should the facts of the case present extreme challenges, we then pivot to a powerful, multi-layered strategy designed to secure the least severe outcome possible.

1. The Ultimate Goal: Fighting for a Full Acquittal
This is always our starting point. We meticulously dismantle the prosecution's case to show that the state cannot prove its claims beyond a reasonable doubt. A full acquittal can be achieved through several avenues:

Asserting Self-Defense: When evidence shows you were protecting yourself or others from imminent danger of death or great bodily injury, a self-defense argument under PC 197 and California jury instructions (CALCRIM 505) can be the clearest path to a “not guilty” verdict. We investigate every detail — from witness statements to forensic evidence — to build the strongest possible case for justifiable homicide.

Challenging the Evidence: We aggressively attack the prosecution's evidence, including witness testimony, forensic reports (DNA, ballistics), and police procedures. If we can demonstrate faulty evidence or create reasonable doubt, the entire case against you can fall apart.

2. Alternative Strategy: Securing a Reduction of Charges
When the evidence makes an acquittal unlikely, our focus shifts to convincing the prosecutor or jury that a lesser charge is more appropriate. This can dramatically reduce potential penalties.

Second-Degree instead of First-Degree Murder: We aggressively challenge any claim of premeditation or deliberation. If the intent isn't clear, reducing the charge from first-degree to second-degree murder can eliminate the possibility of life without parole and take the death penalty off the table.

Manslaughter instead of Murder: We can present evidence of a "heat of passion" provocation or "imperfect self-defense" (where you genuinely feared danger but your response was considered excessive). This can turn a potential life sentence for murder into a determinate (fixed) sentence for manslaughter.

3. Final Defense: Mitigation and Damage Control
In the most challenging cases, our focus becomes minimizing the penalty and fighting for the lowest possible sentence.

Mental Health Mitigation: If a client has underlying mental health issues (like PTSD or schizophrenia), we work with forensic psychologists to show how this may have impacted their actions. This can be used to negate intent (like premeditation) or to persuade a judge or DA to offer a lower charge.

Negotiating Favorable Plea Deals: When facing overwhelming evidence (like a confession or multiple eyewitnesses), a strategic plea bargain may be the best option to avoid a life sentence. We focus on negotiating for a determinate sentence (a set number of years) instead of an open-ended life term, giving you certainty and control over the outcome.

From complete exoneration to a mitigated sentence, our strategy is always tailored to achieve the absolute best result for you. Each year matters, and we fight for every one.

Contact Us Today

We’re ready to stand by you 24/7 and fight for you when it matters most.

Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.

For Urgent Matters:

Call: (408) 920-9720 or Toll-Free: 1-877-766-5245

Frequently Asked Questions for Violent Crime Charges

Arrest & Detention in the Context of Violent Crimes

1. I’ve been arrested for Homicide. What’s the difference between Murder (PC 187) and Manslaughter (PC 192)?
I was arrested for Assault with a Deadly Weapon (PC 245(a)(1)). What qualifies as a “deadly weapon”?
I’ve been arrested for Criminal Threats (PC 422). Do I have to intend to carry out the threat?
I was arrested for Domestic Violence (PC 273.5). Does the victim need visible injuries?
7. For Assault with a Firearm (PC 245(a)(2)), does the gun have to be loaded or fired?

Court Process for Violent Crimes

How does the prosecution prove “Great Bodily Injury” (GBI) in an assault case (PC 245(a)(4))?
How does the prosecution prove “gross negligence” in a Vehicular Manslaughter (PC 192(c)) case?
In a Domestic Violence (PC 273.5) trial, what must be shown to prove a “traumatic condition”?

Rights & Protections for Violent Crime Cases

Can I claim self-defense against a Murder (PC 187) charge?
If I’m charged with Domestic Violence (PC 273.5) and the victim doesn’t want to press charges, will the case be dropped?

Sentencing / Disposition for Violent Crimes

What are the penalties for Murder (PC 187)?
What are the penalties for Assault with a Deadly Weapon (PC 245(a)(1))?
What are the penalties for Vehicular Manslaughter (PC 192(c))?
What are the penalties for Criminal Threats (PC 422)?

Appeals & Sentencing of Violent Crime Convictions

What are common grounds for appealing a violent crime conviction?
What’s the deadline to file an appeal in California for a felony conviction?
Can a Criminal Threats (PC 422) conviction be expunged?
Can I seal my arrest record if I was arrested but not convicted?

Contact Us Today

We’re ready to stand by you 24/7 and fight for you when it matters most.

Take the First Step to Protect Your Future: Schedule a free, confidential consultation. An experienced defense attorney will listen to your story and outline a plan – at no charge. We offer flexible scheduling (evenings or weekends) and payment plans, because everyone deserves top-quality defense regardless of budget.

For Urgent Matters:

Call: (408) 920-9720 or Toll-Free: 1-877-766-5245