Violent Crimes

Serious allegations that call for a careful, determined defense.

Violent crime allegations – robbery, carjacking, kidnapping, attempted murder, criminal threats, and assault with a deadly weapon, among others – are prosecuted aggressively in both state and federal court. In California, many of these offenses are classified as “serious” or “violent” felonies, which can trigger lengthy sentences, sentencing enhancements, limits on custody credits, and “strike” consequences under the Three Strikes law that follow a person for the rest of their life. In federal court, violent offenses are often paired with firearms charges that carry mandatory minimum sentences.

Yet these cases are frequently less clear than the charging documents suggest. Eyewitness identifications can be mistaken. Incidents can involve self-defense, mutual combat, or an escalation that the accused did not start. Alleged victims and witnesses may have motives to exaggerate. Effective defense requires a thorough independent investigation, a willingness to challenge the prosecution’s narrative at every stage, and the judgment to know when a case should be tried and when it should be resolved.

IredaleRoth has extensive experience handling violent crime cases in state and federal court, including at trial. Our experiences range from defending people charged for drunken confrontations at a bar, to a conspiracy to commit murder in a foreign country. We have had substantial success in this area as well – in some instances, we have managed to persuade prosecutors not to proceed with charges, and in others we have obtained substantially reduced charges and diversion. 

When facing violent crime charges, key questions often include:

• Is the charged offense a strike? Whether an offense counts as a serious or violent felony has consequences that last long after a case ends. Avoiding a strike can be among the most important goals of the defense.

• Can the enhancements be challenged? Weapon, injury, and gang enhancements can add years – sometimes decades – to a sentence, and recent reforms give judges more discretion to dismiss some of them.

• How reliable is the identification? Eyewitness identification is one of the leading causes of wrongful convictions. Expert testimony and careful cross-examination can expose its weaknesses.