Criminal defense
Robbery and firearm charges
Norwalk Superior Court
Not-guilty verdict
Criminal defense
Long Beach Violent Crimes Defense Lawyer
In a violent case the charge is often less important than what is alleged alongside it. Injury findings, weapon findings, and strike allegations can add more time than the offense itself, and each one is a separate fight. The consultation is free.
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The category
What California means by a violent felony
Two statutory lists do the work. Penal Code 667.5(c) defines violent felonies, including murder, attempted murder, voluntary manslaughter, mayhem, specified sex offenses, robbery, arson causing injury, kidnapping, carjacking, and any felony in which the defendant inflicted great bodily injury or used a firearm where that was pleaded and proved. Penal Code 1192.7(c) defines serious felonies, a broader and overlapping list.
The consequences are practical. A violent felony is a strike for life. It caps conduct credits at 15 percent of the sentence under Penal Code 2933.1, so a violent-felony term is served almost in full while an ordinary term is not. And it makes a future felony conviction far worse. Which list an offense falls on, and whether the findings that put it there can be defeated, is frequently worth more than the charge bargaining.
Sources: Penal Code 667.5(c) — the violent felony list; Penal Code 1192.7(c) — the serious felony list; Penal Code 2933.1(a) — conduct credits capped at 15 percent for violent felonies.
The charges
What is usually filed
Assault with a deadly weapon or by means of force likely to produce great bodily injury under Penal Code 245 is the most commonly filed serious violent charge, and it is a wobbler. Battery with serious bodily injury under Penal Code 243(d) is its close relative. Above them sit mayhem, kidnapping, carjacking, criminal threats under Penal Code 422, attempted murder, and homicide.
Criminal threats deserves separate mention because it is charged constantly and is a strike when charged as a felony. It requires a threat of death or great bodily injury that was unequivocal, unconditional, immediate and specific, that actually caused sustained fear, and where that fear was reasonable. Angry words in a heated argument frequently fail one or more of those requirements, and that is a genuine defense rather than a technicality.
Sources: Penal Code 245(a) — assault with a deadly weapon or by force likely to cause great bodily injury; Penal Code 243(d) — battery with serious bodily injury; Penal Code 203 — mayhem; Penal Code 207 — kidnapping; Penal Code 422 — criminal threats.
The enhancements
Where the years actually come from
Penal Code 12022.7 adds three consecutive years for personally inflicting great bodily injury on a non-accomplice, and more where the injury causes coma or permanent paralysis. Penal Code 12022.53 adds 10, 20, or 25 years to life for firearm use, discharge, or discharge causing great bodily injury or death. Penal Code 12022 adds terms for being armed with or personally using a deadly weapon.
These are pleaded separately, proved separately, and defended separately. Whether an injury meets the legal definition of great bodily injury, which is a significant or substantial physical injury rather than any injury, is a question a jury decides and one that medical records frequently do not support as pleaded. And Penal Code 1385 now requires the sentencing court to consider specified mitigating circumstances in deciding whether to dismiss an enhancement, which has made dismissal a realistic request rather than a formality.
Sources: Penal Code 12022.7 — great bodily injury, three years and up; Penal Code 12022.53(b)–(d) — firearm use, discharge, and discharge causing injury; Penal Code 12022 — armed with, or personally using, a deadly weapon; Penal Code 1385(c) — the court’s power to dismiss an enhancement, and the mitigating circumstances it must weigh.
The defense
How violent cases are defended
Self-defense and defense of others is the most frequent complete answer, and California’s rules are favourable where the facts support them: a person who reasonably believes they are in imminent danger may use force reasonably necessary to stop it, has no duty to retreat, and the prosecution must disprove it beyond a reasonable doubt once it is properly raised. Imperfect self-defense, an honest but unreasonable belief, reduces murder to voluntary manslaughter.
Identification is the second front, especially in street incidents with brief encounters, poor lighting, and field show-ups. The third is the account itself, because violent cases frequently arise between people with a history, and the initial report is often given by the person who called first rather than the person who was attacked.
Where the incident is not in dispute, the work is the findings: defeating the great bodily injury allegation, the weapon allegation, and the strike, and reducing a Penal Code 245 felony to a misdemeanor under Penal Code 17(b). Those change what the conviction is, not just how long it lasts.
The office
How the Law Offices of Patrick S. Aguirre defends these cases
The office has defended violent felony cases in Long Beach and across Los Angeles County for nearly three decades. The early work is the evidence that disappears: video that is overwritten within days, the client’s own injuries photographed while they still show, witnesses at the scene who never appear in the report, and the 911 audio that shows who was frightened and when.
Nothing on this page predicts a result. The firm has offices in Long Beach and Downey and speaks Spanish.
Frequently asked questions
Common questions
What makes a felony a “violent felony” in California?
Appearing on the list in Penal Code 667.5(c), which includes murder, attempted murder, voluntary manslaughter, mayhem, robbery, kidnapping, carjacking, specified sex offenses, and any felony where great bodily injury was inflicted or a firearm used, where that was pleaded and proved. The classification caps conduct credits at 15 percent and makes the conviction a strike.
Can an assault charge be reduced to a misdemeanor?
Assault with a deadly weapon or by force likely to produce great bodily injury under Penal Code 245(a) is a wobbler, so it can be charged or later reduced to a misdemeanor under Penal Code 17(b). Whether that is available depends on the facts, the injury, any weapon finding, and the record. Assault with a firearm carries additional restrictions.
What counts as great bodily injury?
A significant or substantial physical injury, which is more than minor or moderate harm but does not require permanent or life-threatening damage. It is a question of fact for the jury, and the medical records often show less than the allegation claims, which is why it is worth contesting separately from the charge.
The other person started it. Does that matter?
Yes, and it can be a complete defense. California allows reasonable force to defend yourself or another against what you reasonably believe is imminent harm, with no duty to retreat. Once properly raised, the prosecution has to disprove it beyond a reasonable doubt. Evidence of your own injuries and of who was the aggressor is the most important evidence in the case and the quickest to disappear.
Selected case results
Criminal defense results
A selection from 55 documented results
Criminal defense
Serious felony charges
Riverside Superior Court
Not guilty on all charges after three years in custody
Criminal defense
Domestic violence charge
Westminster Superior Court
Charge dismissed at trial
Client experiences
What clients say
★★★★★
“12 counts 2 felony charges DISMISSED … he got him out of jail FAST.”
★★★★★
“I just walked out of court a free man after getting my case dismissed.”
“From the beginning to the end, Patrick and his professional office staff kept us informed on any updates, concluding the case with a dismissal!”
“Best defense attorney in town. … He cares about his clients and takes every case seriously. The staff is friendly and caring.”
Meet your attorney
Law Offices of Patrick S. Aguirre
A Professional Law Corporation
The future of your case may depend on a successful outcome. It can be stressful to go through the legal process alone—but thankfully, you don’t have to.
The Law Offices of Patrick S. Aguirre will stand up for clients’ interests and rights, providing high-quality representation in personal injury cases and criminal defense matters throughout California from its Long Beach office.
We work with you and for your best interests. Our legal team is compassionate, hard-working, and tenacious—fighting to get the job done right when it matters most. No case is too complicated or insignificant for our full attention. Our clients may move forward into a brighter future free from worry about past mistakes.
We’re the legal team that never gives up. When you need an attorney who will fight for what’s right, turn to us, and we’ll do everything in our power to help. No matter how challenging your situation may seem, there is hope.
“Courage is the most important attribute of a lawyer.”
Robert F. Kennedy
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Talk with our office
Leave your contact information and, if helpful, a short general summary. The office will follow up.
Thank you.
The office received your contact request. If your matter is urgent, call 562-904-4337.