Representing Clients Charged With Serious Crimes
Allegations of violent behaviors often stem from chaotic and emotionally intense situations where it can be challenging to discern the facts. Whether an argument got out of control, you were forced to act in self-defense, or you were wrongfully accused, our criminal defense lawyers can help you create a strong defense strategy.
Call John Malek Law Group at 986-233-0486 to schedule a confidential consultation to learn more about your options and next steps.
What Crimes Are Considered Violent Offenses?
Violent offenses can involve situations that resulted in actual injury as well as threats of violence. Common charges that can be considered a violent offense in Idaho include:
- Assault
- Battery
- Robbery
- Domestic violence
- Sexual assault
- Rape
- Murder/Homicide
Each of these offenses has a separate set of statutory criteria for what must be present for a defendant to be charged. The severity of the charge depends on factors such as whether the alleged victim was injured, the severity of those injuries, whether the action was premeditated, and whether a weapon was used. In most cases, violent crimes are categorized as felony offenses under Idaho criminal law.
How Serious Is a Violent Crime Charge?
Any criminal charge should be taken seriously, but being accused of a violent offense is one of the most serious situations someone can face. While there are some violent crimes that may be classified as misdemeanors, the majority are felony offenses, which can carry lengthy prison sentences and hefty fines, including mandatory minimums. Defendants charged with violent crimes are also more likely to be denied bail because they may be considered a danger to society.
At John Malek Law Group, we believe in being honest and straightforward with our clients. Being accused of a violent crime can have life-changing consequences, and we want to make sure you understand what’s at stake and what matters most when you’re charged with one of these offenses. When you hire our law firm, we’ll be by your side every step of the way.
What If You Acted in Self-Defense?
A critical component of many violent crime cases is whether the defendant acted in self-defense. According to Idaho law, a person has the right to defend themselves, others, and certain places, such as their home, if they have a reasonable belief that they are in imminent danger.
Because there is no duty to retreat in the statute, this is often referred to as a “stand your ground” law. When a defendant claims that they acted in self-defense, the prosecution has the burden of proving beyond a reasonable doubt that the defendant’s use of force wasn’t warranted and that there was no imminent threat to them.
People often have the mistaken belief that claiming self-defense means that they can’t be charged with a violent criminal offense. In reality, there are specific situations where self-defense comes into play, and these cases can be more complicated than they first seem. If you were arrested for acting in self-defense or defense of others, talk to your attorney about what your options are and how to present your case.
What Evidence Is Used in Violent Crimes Cases?
Evidence is a critical part of violent crime cases, both for the prosecution and for the defense. In some cases, there may be actual photos or videos of the alleged incident, either through surveillance or body camera footage. However, even when such videos exist, they don’t always tell the whole story. An experienced criminal defense attorney can determine whether this type of evidence helps or hurts your case and how to adjust your defense strategy accordingly.
Other key pieces of evidence in a violent crime case can include medical records or documentation of the alleged victim’s injuries, forensic evidence placing the defendant at the scene of the crime, and witness statements. In situations involving both state and federal courts, how the evidence was collected and its credibility can also be significant factors in the defense’s case.
Violent crime charges within the Idaho legal system require attention to detail, careful planning, and strong legal representation. Those who are convicted of violent felonies can face long-term prison sentences and even the death penalty in the most serious of cases. Defending yourself starts by hiring an experienced criminal defense attorney to fight for you. If you’ve been arrested for a violent crime, contact the legal team at John Malek Law Group by calling 986-233-0486. We can schedule a free, confidential consultation to discuss your case.
