A violent crime charge in Los Angeles can mean years in state prison, a permanent felony record, and consequences that follow you for the rest of your life. Under Cal. Penal Code § 245(a)(1), aggravated assault with a deadly weapon carries up to four years in California state prison — and sentencing enhancements can triple that. Kareem Aref, a partner at Chudnovsky Law and a former prosecutor who handled these cases before switching sides to defend clients, brings insider knowledge of how the government builds violent crime cases. With more than 113 years of combined experience and over 9,000 cases handled across the firm, our team knows how Los Angeles prosecutors think, what evidence they rely on, and where their cases are weakest.
Chudnovsky Law defends clients facing assault, battery, robbery, homicide, and every category of violent felony across Los Angeles County, Orange County, Long Beach, and Santa Monica. Our team has been named Top 100 Trial Lawyers by the National Trial Lawyers Association and holds a 10.0 Superb Rating on AVVO. Call (213) 212-5002 for a free, confidential case evaluation — we'll explain your options and our fee structure in your first call.
On This Page:
- Real consequences of violent crime charges
- How our defense team approaches your case
- Assault vs. battery under California law
- Aggravated assault and deadly weapon charges
- Robbery and carjacking defense
- Homicide and manslaughter charges
- Sentencing enhancements that multiply prison time
- Los Angeles courthouses and local procedures
- What to expect when you hire us
- Frequently asked questions
What Are the Real Consequences of a Violent Crime Conviction in Los Angeles?
A violent crime conviction in California doesn't just mean prison time. It rewrites your entire future. And the penalties are far harsher than most people realize before they sit down with an attorney.
Here's what's actually at stake depending on the charge:
Prison sentences for violent felonies in California are measured in years, not months. A conviction for assault with a deadly weapon under Cal. Penal Code § 245(a)(1) carries two, three, or four years in state prison. But that's the base term. Add a great bodily injury enhancement under Cal. Penal Code § 12022.7, and the judge tacks on three to six additional years. If a firearm was involved, the 10-20-life rule under Cal. Penal Code § 12022.53 can mean 10 extra years just for using a gun, 20 for firing it, and 25 to life if someone was injured.
Murder under Cal. Penal Code § 187 carries 15 years to life for second-degree and 25 years to life for first-degree. Voluntary manslaughter still means three, six, or eleven years.
Beyond prison, the collateral damage is staggering:
- Criminal record: A violent felony conviction is permanent in California. It cannot be expunged under most circumstances and will appear on every background check for the rest of your life.
- Employment: Most employers run background checks. A violent felony disqualifies you from thousands of jobs, professional licenses, and government positions.
- Firearms: A felony conviction triggers a lifetime ban on owning or possessing firearms under both California and federal law.
- Immigration: Non-citizens convicted of aggravated felonies — which includes most violent crimes — face mandatory deportation with no relief available.
- Custody and family law: A violent crime conviction can be used against you in custody proceedings and may result in restricted visitation.
- Housing: Landlords routinely deny applications from anyone with violent felony convictions.
- Three Strikes: California's Three Strikes law counts violent felonies as strikes. A second strike doubles the sentence. A third strike means 25 years to life — regardless of the severity of the third offense.
If you've been arrested or charged, the clock is already running. Witnesses are being interviewed. Evidence is being collected. The prosecution is building its case right now. Every day without a defense attorney is a day the other side gets stronger.
Call Chudnovsky Law at (213) 212-5002 to discuss your charges in a free consultation. We'll walk through what you're facing and explain our flat-fee and payment-plan options so you know the cost upfront.
How Does Chudnovsky Law Defend Violent Crime Cases Differently?
Most criminal defense firms react to the prosecution's case. We reverse-engineer it. As a former prosecutor, Kareem Aref spent years on the prosecution side — filing charges, preparing witnesses, presenting evidence to juries. He knows exactly how the Los Angeles County District Attorney's Office builds violent crime cases because he used to build them.
That insider perspective is the foundation of what we call The Prosecution Mirror Method — a four-stage defense approach that anticipates the government's strategy and dismantles it before trial.
Stage 1: Evidence Audit
We obtain and review every piece of evidence the prosecution has — and identify what they don't have. Police reports often contain inconsistencies. Body camera footage frequently contradicts the officer's written narrative. Witness statements taken at the scene are often incomplete or influenced by the chaos of the moment.
We also identify evidence the prosecution may not yet know exists. Private surveillance camera footage from nearby businesses is typically overwritten within 30 to 90 days. If we don't secure it immediately, it's gone.
Stage 2: Prosecution Theory Mapping
Every prosecutor builds a case around a theory — a narrative that explains what happened and why the defendant is guilty. Kareem Aref reads the case file the way a prosecutor would, identifying the theory they'll present to the jury.
Then we map every weakness in that theory. Does the physical evidence actually support the prosecution's version of events? Are there gaps in the timeline? Did the alleged victim have a motive to fabricate or exaggerate? Our attorneys have handled more than 9,000 cases across the firm — that volume creates a pattern recognition that solo practitioners simply can't match.
Stage 3: Pre-Trial Motion Warfare
Before any trial begins, we file targeted motions to suppress illegally obtained evidence, exclude unreliable witnesses, and challenge the legal sufficiency of the charges. A motion to suppress is a formal request asking the court to exclude evidence that was obtained in violation of your constitutional rights — for example, if police searched your vehicle without probable cause or a warrant.
Many violent crime cases are won or lost at this stage. If we can exclude the prosecution's key evidence, the case often collapses. If we can reduce the charges from a felony to a misdemeanor, the sentencing exposure drops dramatically.
Stage 4: Trial Preparation and Execution
Not every case goes to trial, but every case we handle is prepared as if it will. That distinction matters. Prosecutors can tell when a defense attorney is bluffing about trial readiness. Our team includes attorneys who have handled over 100 jury trials — when we tell a prosecutor we're ready for trial, they know we mean it.
In the courtroom, we present the case through the jury's eyes. We simplify complex forensic evidence, humanize our clients, and expose the prosecution's weaknesses through cross-examination.
What Is the Difference Between Assault and Battery Under California Law?
Assault under Cal. Penal Code § 240 is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person. No physical contact is required. If you swing at someone and miss, that's assault.
Battery under Cal. Penal Code § 242 is any willful and unlawful use of force or violence upon another person. The slightest touching can qualify if it was done in a rude or angry manner.
Most people use these terms interchangeably. California law treats them as entirely separate offenses with different elements of proof and different penalties.
| Charge | Penal Code | Classification | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|---|
| Simple Assault | PC 240 | Misdemeanor | 6 months county jail | $1,000 |
| Simple Battery | PC 242 | Misdemeanor | 6 months county jail | $2,000 |
| Battery Causing Serious Bodily Injury | PC 243(d) | Wobbler (misdemeanor or felony) | 4 years state prison | $10,000 |
| Assault with a Deadly Weapon | PC 245(a)(1) | Wobbler | 4 years state prison | $10,000 |
| Assault with a Firearm | PC 245(a)(2) | Felony | 4 years state prison | $10,000 |
| Assault by Force Likely to Cause GBI | PC 245(a)(4) | Wobbler | 4 years state prison | $10,000 |
The term wobbler means the prosecutor has discretion to file the charge as either a misdemeanor or a felony. This is actually a significant defense opportunity. Our attorneys frequently argue to the court or negotiate with prosecutors to reduce wobbler charges to misdemeanors — which can mean the difference between state prison and probation.
What many people don't realize: the prosecution doesn't need the alleged victim to cooperate in order to file charges. In Los Angeles, the City Attorney's Office and the District Attorney's Office regularly prosecute assault and battery cases even when the victim asks them not to. If there's a police report and medical records, the case can move forward without the victim's testimony.
How Is Aggravated Assault Charged in Los Angeles?
Aggravated assault is not a single charge in California — it's an umbrella term that covers several different statutes depending on how the alleged assault occurred.
The most commonly filed aggravated assault charge is assault with a deadly weapon under Cal. Penal Code § 245(a)(1). But here's what trips up most defendants: a "deadly weapon" doesn't have to be a gun or a knife. California courts have classified beer bottles, rocks, cars, dogs, and even shoes as deadly weapons when used in a way capable of causing death or great bodily injury.
Great bodily injury (GBI) means a significant or substantial physical injury beyond what's considered minor or moderate. A broken nose may or may not qualify. A broken jaw, fractured skull, or injury requiring surgery almost certainly does. The determination is made by the jury, not the judge, and it's one of the most aggressively contested issues in violent crime trials.
Aggravated assault defense strategies we employ include:
- Self-defense: Under California law, you have the right to use reasonable force to defend yourself or others from imminent harm. The force used must be proportional to the threat. We build self-defense cases through witness testimony, physical evidence analysis, and expert reconstruction of the incident.
- Lack of intent: Assault requires a willful act. Accidental contact — even if it causes injury — is not assault. We examine the circumstances to determine whether the prosecution can actually prove intent.
- False accusation: In our experience, a significant percentage of aggravated assault charges in Los Angeles arise from mutual altercations where both parties bear some responsibility, or from allegations motivated by personal grudges, custody disputes, or immigration use. We investigate the accuser's credibility and motive thoroughly.
- Challenging the weapon classification: If the object used doesn't meet the legal definition of a "deadly weapon" as applied by California courts, the charge should be reduced to simple assault.
4,283 violent crimes were reported in Los Angeles in 2022 alone (LAPD Annual Report, 2022). Prosecutors in the Clara Shortridge Foltz Criminal Justice Center — the main criminal courthouse in downtown Los Angeles — handle a massive caseload. An experienced defense attorney who knows how this courthouse operates, how specific prosecutors handle plea negotiations, and how judges tend to rule on motions has an advantage that cannot be replicated by reading a statute.
What Are the Penalties for Robbery and Carjacking in Los Angeles?
Robbery under Cal. Penal Code § 211 is the taking of personal property from another person against their will, accomplished by force or fear. It's always a felony in California. Always.
California divides robbery into two degrees:
- First-degree robbery covers robberies of drivers or passengers of public transportation, anyone inside an inhabited dwelling, and anyone who has just used an ATM. Penalty: three, four, or six years in state prison.
- Second-degree robbery covers all other robberies. Penalty: two, three, or five years in state prison.
Carjacking under Cal. Penal Code § 215 carries even stiffer penalties: three, five, or nine years in state prison. And unlike regular robbery, carjacking counts as a strike under California's Three Strikes law.
Here's what most people miss: robbery and carjacking charges often stack with other offenses. If a firearm was used during a robbery, the 10-20-life enhancement under Cal. Penal Code § 12022.53 applies. That means a second-degree robbery with a gun discharge could result in 25 years in prison — before any other enhancements are added.
Defense strategies for robbery and carjacking center on three key areas:
- Challenging the element of "force or fear." Not every theft involves the level of force or intimidation required for a robbery conviction. We've seen cases where pushing past someone to grab a bag gets charged as robbery when it should be grand theft — a far less serious offense.
- Mistaken identity. Eyewitness identification is notoriously unreliable, particularly in high-stress situations. Research from the Innocence Project shows that mistaken eyewitness identification is the leading cause of wrongful convictions in the United States.
- Claim of right. If you genuinely believed the property belonged to you, California law provides a defense — even if you used force to take it.
Can You Be Charged with Murder Even If You Didn't Kill Anyone?
Yes. California's felony murder rule means you can be charged with murder if someone dies during the commission of certain inherently dangerous felonies — even if you didn't intend for anyone to die and even if someone else pulled the trigger.
Under Cal. Penal Code § 189, first-degree felony murder applies when a death occurs during the commission of arson, rape, carjacking, robbery, burglary, mayhem, kidnapping, or certain other specified felonies. The penalty is 25 years to life.
California did reform its felony murder rule in 2019 through Senate Bill 1437, which narrowed who can be convicted under this theory. Now, to be convicted of felony murder, a person must have been the actual killer, acted with intent to kill, been a major participant in the underlying felony and acted with reckless indifference to human life, or the victim must have been a law enforcement officer killed in the line of duty.
Key insight: This reform created a new avenue for post-conviction relief. If you or someone you know was convicted of felony murder before 2019 under the old, broader standard, a petition for resentencing may be available.
Homicide charges we defend include:
- First-degree murder (PC 187 / PC 189) — premeditated and deliberate killing: 25 years to life
- Second-degree murder (PC 187) — intentional killing without premeditation: 15 years to life
- Voluntary manslaughter (Cal. Penal Code § 192(a)) — killing in the heat of passion or imperfect self-defense: 3, 6, or 11 years
- Involuntary manslaughter (Cal. Penal Code § 192(b)) — unintentional killing resulting from criminal negligence: 2, 3, or 4 years
- Vehicular manslaughter (Cal. Penal Code § 192(c)) — death caused by driving with negligence: misdemeanor to 6 years depending on circumstances
The difference between murder and manslaughter often comes down to the defendant's mental state at the time of the killing. Premeditation means the defendant considered and planned the killing in advance — but "in advance" can mean seconds, not days. Heat of passion means the defendant was provoked to such an extent that a reasonable person would have acted rashly and without deliberation.
These distinctions are the battlefield where homicide cases are won and lost. Reducing a murder charge to voluntary manslaughter can mean the difference between 25 years to life and 11 years. Our attorneys analyze every piece of evidence — text messages, phone records, witness accounts, toxicology reports — to establish the mental state that supports the least serious charge supported by the facts.
Call (213) 212-5002 for a Free Consultation
If you are looking to hire a assault and battery defense attorney, we invite you to call (213) 212-5002 for a Free consultation.
How Do Sentencing Enhancements Multiply Prison Time in California?
California's sentencing enhancement system can transform a moderate prison sentence into a decades-long one. Enhancements are additional terms added on top of the base sentence for the underlying crime. They don't replace the original sentence — they stack on top of it.
The most consequential enhancements in violent crime cases:
| Enhancement | Penal Code | Trigger | Additional Prison Time |
|---|---|---|---|
| Great Bodily Injury | PC 12022.7 | Victim suffered significant physical injury | 3–6 years |
| Personal Use of Firearm | PC 12022.53(b) | Personally used a firearm during the crime | 10 years |
| Firearm Discharge | PC 12022.53(c) | Personally and intentionally discharged a firearm | 20 years |
| Firearm Causing GBI or Death | PC 12022.53(d) | Discharged a firearm causing great bodily injury or death | 25 years to life |
| Criminal Threats | PC 422 | Threat to commit a crime resulting in death or GBI | Up to 3 years (standalone felony) |
| Gang Enhancement | PC 186.22(b) | Crime committed for the benefit of a criminal street gang | 2–15 years |
Criminal threats under Cal. Penal Code § 422 deserve special attention. This charge doesn't require any physical violence at all — only a verbal or written threat that causes the victim sustained fear. It's a wobbler, and prosecutors in Los Angeles frequently file it alongside assault and battery charges to increase the total sentencing exposure.
A common scenario we see: a bar fight results in charges for assault with a deadly weapon (4 years) plus a great bodily injury enhancement (3 years) plus criminal threats (3 years) — suddenly a fistfight has a potential sentence of 10 years in state prison. Our goal in these situations is to attack each charge and enhancement individually, eliminating the weakest counts through motions and negotiation before the case ever reaches a jury.
Not sure how enhancements apply to your charges? Call (213) 212-5002 and we'll review the specific allegations in a free consultation.
Where Will My Violent Crime Case Be Heard in Los Angeles?
Los Angeles County is the largest county court system in the United States, and where your case is assigned matters more than most defendants realize. Different courthouses have different cultures, different prosecutors, and different judicial tendencies.
Key courthouses for violent crime cases in Los Angeles County:
- Clara Shortridge Foltz Criminal Justice Center (CCB) — 210 West Temple Street, downtown Los Angeles. This is the main felony courthouse for central Los Angeles. Serious violent felonies — murders, armed robberies, aggravated assaults with significant injuries — are typically prosecuted here. The District Attorney's Major Crimes Division operates out of this building.
- Airport Courthouse — 11701 South La Cienega Boulevard, Los Angeles. Handles cases from the LAX area, Santa Monica, Malibu, Beverly Hills, Culver City, West Hollywood, Mar Vista, Venice, Playa del Rey, Pacific Palisades, and western Los Angeles. Our Santa Monica office is minutes from this courthouse.
- Long Beach Courthouse — 275 Magnolia Avenue, Long Beach. Serves Long Beach, Lakewood, Signal Hill, San Pedro, Wilmington, and surrounding communities. Our Long Beach office gives us immediate familiarity with the prosecutors and procedures here.
For cases in Orange County, proceedings are handled at the Central Justice Center in Santa Ana or the Harbor Justice Center in Newport Beach, the West Justice Center in Westminster, or the North Justice Center in Fullerton. Our Newport Beach office positions us within the local legal community there.
Why local knowledge matters: Each courthouse has its own filing procedures, arraignment calendars, and informal practices that don't appear in any handbook. Knowing which deputy district attorneys handle certain case types, understanding how specific judges approach sentencing, and having established relationships with court staff all contribute to more effective representation. Our attorneys appear in these courthouses regularly — not once a year when a case happens to land there.
Over 5,000 cases handled by Robert K. Weinberg alone — a former Orange County Deputy District Attorney with more than 30 years of practice — give our team deep familiarity with how cases move through both Los Angeles and Orange County courts.
What Should You Expect When You Hire Chudnovsky Law?
We make three concrete commitments to every client facing violent crime charges:
Commitment 1: You'll speak with an attorney — not a paralegal, not an intake coordinator — within 24 hours of your first call. Criminal cases move fast. When you call (213) 212-5002, you'll be connected with a member of our legal team who can begin evaluating your case immediately. If you're calling after an arrest, we can often appear at your arraignment within 48 hours.
Commitment 2: You'll know your fee structure before you retain us. Many violent crime cases are handled on a flat fee, which means you'll know the total cost of representation upfront. For more complex matters — homicide cases, multi-defendant conspiracies, cases involving multiple enhancements — we discuss a clear fee arrangement during your first consultation. We also offer payment plans. The first consultation is always free and confidential.
Commitment 3: You'll receive regular case updates without having to chase us. One of the most common complaints about criminal defense attorneys is that clients can't reach them. We provide direct contact information for your attorney and proactively update you when there are developments — hearing dates, plea offers, discovery production, motion rulings. You won't wonder what's happening with your case.
Our multilingual team serves clients in English, Spanish, French, Italian, Amharic, Hebrew, and Portuguese — a reflection of the diverse communities across Los Angeles and Orange County. We've been featured on The Washington Post, the American Bar Association, and Martindale-Hubbell, and hold a 5-star peer-reviewed rating on Martindale-Hubbell alongside a perfect 10.0 on Justia.
Not sure if your situation warrants hiring a defense attorney? That's exactly what the free consultation is for. No pressure, no obligation — just a straightforward assessment of what you're facing and what your options are. Call (213) 212-5002.
What Defenses Apply to Violent Crime Charges in California?
Every violent crime charge has specific elements the prosecution must prove beyond a reasonable doubt. If any single element fails, the charge fails. The defense strategies below aren't abstract legal theories — they're approaches our team has applied across thousands of cases.
Self-Defense and Defense of Others
California law permits the use of reasonable force to protect yourself or another person from imminent harm. The key word is "reasonable." A proportional response to a genuine threat is lawful. The prosecution bears the burden of proving that the defendant was NOT acting in self-defense once the defense is raised.
But here's where cases get complicated: "Who started it?" matters. If the defendant was the initial aggressor, the self-defense claim becomes more difficult — though not impossible. California law allows even an initial aggressor to claim self-defense if they clearly communicated their desire to stop fighting and the other person continued the attack.
Lack of Intent
Many violent crime charges require proof that the defendant acted willfully — meaning intentionally, not accidentally. If you tripped and knocked someone down a staircase, that's not battery. If you threw a punch during a mutual shoving match and the other person fell and hit their head, the charge may be battery, but the resulting injury may not have been intended. The distinction between the act and its consequences is critical for both the charges filed and the sentencing exposure.
False Allegations and Witness Credibility
In our practice, we regularly encounter violent crime charges built primarily on one person's word. Bar fights where the person who called 911 first becomes the "victim" and the other becomes the "defendant." Domestic disputes where accusations serve as use in a custody battle. Neighborhood conflicts that escalate. We investigate every accuser's background, motive, and consistency to identify claims that don't hold up under scrutiny.
Insufficient Evidence
The prosecution must prove guilt beyond a reasonable doubt — the highest standard of proof in American law. If the physical evidence doesn't match the accusation, if witnesses contradict each other, if there are gaps in the surveillance footage, the case has weaknesses we can target. Our evidence audit process during the first 72 hours of representation is specifically designed to identify these vulnerabilities.
Constitutional Violations
If police conducted an unlawful search, failed to read Miranda rights before a custodial interrogation, or obtained a confession through coercion, the evidence gathered may be suppressed. A suppression ruling can gut the prosecution's case entirely.
How Does a Violent Crime Arrest Affect Your Immigration Status?
For non-citizens, a violent crime conviction doesn't just mean prison time — it can mean permanent removal from the United States with no possibility of return.
Under federal immigration law, most violent crimes qualify as aggravated felonies — a term of art in immigration law that carries mandatory deportation consequences. An aggravated felony doesn't need to be "aggravated" in the common sense of the word. Simple battery convictions have been classified as aggravated felonies when a sentence of one year or more is imposed.
What most people don't know: it's the sentence imposed, not the sentence served, that triggers the immigration consequences. A one-year jail sentence with probation instead of actual custody still counts as an aggravated felony for immigration purposes. This is why negotiating the specific sentence — not just the charge — is critical for non-citizen defendants.
Our team coordinates criminal defense strategy with immigration consequences in every case involving a non-citizen client. Sometimes the difference between deportability and safety is the specific plea language or the length of the sentence by a single day.
A Pre-Arrest Investigation Checklist for Violent Crime Suspects
If you suspect you're under investigation — or if you've been contacted by police but not yet arrested — the steps you take right now can determine whether charges are ever filed. Use this checklist:
- Do not give a statement to police without an attorney present. You have the absolute right to remain silent under the Fifth Amendment. Anything you say can and will be used against you. Politely decline to answer questions and ask for an attorney.
- Do not contact the alleged victim. Even a well-intentioned phone call can be construed as witness intimidation or a violation of a protective order you may not know exists.
- Preserve all evidence in your favor. Text messages, voicemails, social media posts, surveillance footage, photographs of injuries or the scene — save everything. Do not delete anything from your phone.
- Write down everything you remember. Memory fades quickly. Details about the sequence of events, who was present, what was said, and the physical layout of the location are all critical for your defense.
- Contact a criminal defense attorney immediately. Pre-charge intervention can sometimes prevent charges from being filed at all. Once the DA files, options narrow.
Evidence fades faster than people think. Surveillance footage from businesses along Vermont Avenue or security cameras in a Hollywood nightclub is typically overwritten within 30 to 90 days. Witness memories degrade. Physical evidence at a scene in Koreatown or Venice Beach gets cleaned up. The sooner we begin investigating, the more material we have to work with.
The information on this page is for general informational purposes and does not constitute legal advice. Every case is unique — past results do not guarantee future outcomes. Contact a qualified attorney to discuss your specific situation.
You're facing charges that can alter the course of your life. The prosecution has already started building their case against you. Every day without a defense attorney is a day the government gets stronger and your options get fewer. Chudnovsky Law has defended thousands of clients across Los Angeles County and Orange County — our eight-attorney team brings experience from both sides of the courtroom, including former prosecutors who understand exactly how the government operates. Call (213) 212-5002 now for a free, confidential consultation. We'll review your charges, explain the process, and discuss our fee structure — no commitment required.
Frequently Asked Questions
How much does a violent crimes defense lawyer cost in Los Angeles?
Many violent crime cases are handled on a flat fee, which means you know the total cost before you retain the firm. More complex matters like homicide or multi-defendant cases involve a fee arrangement discussed in detail during your first meeting. Chudnovsky Law offers payment plans and a free initial consultation at (213) 212-5002 so you can understand the cost structure before making any commitment.
Will I go to jail if I'm charged with assault in Los Angeles?
Simple assault under PC 240 is a misdemeanor carrying up to six months in county jail. However, many first-time misdemeanor assault defendants receive probation, community service, or anger management classes instead of jail time. Felony assault charges — such as assault with a deadly weapon — carry up to four years in state prison plus enhancements that can add years. The outcome depends on the specific facts, your criminal history, and the strength of your defense.
What's the difference between a misdemeanor and felony assault charge?
Simple assault (PC 240) is always a misdemeanor. Aggravated assault — involving a deadly weapon, firearm, or force likely to cause great bodily injury — can be charged as a felony under PC 245. Several assault offenses are "wobblers," meaning the prosecutor decides whether to file them as misdemeanors or felonies based on injury severity, weapon use, and your prior record. Reducing a wobbler from felony to misdemeanor is a common and highly effective defense strategy.
Can assault charges be dropped if the victim doesn't want to press charges?
Not necessarily. In California, the decision to prosecute belongs to the District Attorney or City Attorney — not the victim. Prosecutors regularly proceed with assault and battery cases even when the alleged victim requests that charges be dropped. However, a reluctant or recanting victim can weaken the prosecution's case, and your attorney can use this as leverage in negotiations.
What is California's Three Strikes law, and does it apply to violent crimes?
California's Three Strikes law imposes dramatically increased sentences for defendants with prior serious or violent felony convictions. A second strike doubles the prison sentence. A third strike carries a mandatory term of 25 years to life. Most violent felonies — including assault with a deadly weapon, robbery, carjacking, and murder — count as strikes. If you have prior strikes, the stakes of a violent crime charge increase exponentially.
How long does a violent crime case take to resolve in Los Angeles?
Misdemeanor assault cases often resolve within two to four months through plea negotiations or dismissal. Felony violent crime cases typically take six months to over a year, depending on the complexity of the evidence, the number of charges and enhancements, and whether the case goes to trial. Homicide cases can take one to three years from arraignment to resolution. Your attorney can provide a more specific timeline based on the facts of your case.
Can a violent crime conviction be expunged from my record in California?
California allows expungement of many felony and misdemeanor convictions under Penal Code 1203.4, but there are significant limitations for violent crimes. If you were sentenced to state prison (as opposed to county jail or probation), you are generally not eligible for traditional expungement. Some violent felonies may qualify for a certificate of rehabilitation or a governor's pardon. An attorney can evaluate whether any post-conviction relief options apply to your specific conviction.
What should I do if I'm arrested for a violent crime in Los Angeles?
Exercise your right to remain silent. Do not answer questions about the incident without an attorney present. Do not resist arrest, but clearly state that you wish to speak with a lawyer. Do not contact the alleged victim or discuss the case with anyone other than your attorney. Contact a criminal defense lawyer as soon as possible — ideally before your arraignment, which must occur within 48 hours of a felony arrest.
Does Chudnovsky Law handle cases in both Los Angeles and Orange County?
Yes. We have offices in Los Angeles, Santa Monica, Long Beach, and Newport Beach. Our attorneys regularly appear at courthouses throughout Los Angeles County and Orange County, including the Clara Shortridge Foltz Criminal Justice Center, the Long Beach Courthouse, the Santa Monica Courthouse, the Central Justice Center in Santa Ana, and other facilities. We serve clients across both counties and can often appear at your arraignment within 48 hours of retention.
What if I acted in self-defense — can I still be convicted?
Self-defense is a complete defense to assault, battery, and even homicide charges in California. If you reasonably believed you or another person faced imminent harm and you used proportional force, you are legally justified. The prosecution bears the burden of proving beyond a reasonable doubt that you were NOT acting in self-defense. Building a strong self-defense case requires evidence — witness statements, physical evidence, medical records, and sometimes expert reconstruction of the incident. An experienced attorney can evaluate whether your self-defense claim is viable and how to present it most effectively.
Chudnovsky Law - Los Angeles Office
Address: 1933 S Broadway #1100, Los Angeles, CA 90007, USA
Contact No: (213) 212-5002
