Crimes against the person are criminal offenses that cause physical harm, bodily injury, or threat of violence to another individual. These crimes include assault, battery, homicide, sexual assault, domestic violence, kidnapping, and false imprisonment. Under both federal and common law, these offenses rank among the most serious offenses because they directly harm victims. At Hurwitz Law Group, we defend clients facing these severe criminal charges. This article covers the main types of crimes against persons, their potential penalties, and how we build strong defenses for the accused.
So, what are crimes against the person? The law defines crimes against the person as offenses involving direct physical harm or threats to another human being. These differ from property crimes, which target a person's property rather than their person. Federal law and state law classify these offenses based on severity, intent, and the harm caused to the victim.
| Crimes Against Persons | Property Crimes |
|---|---|
| Target the victim's body or safety | Target a person's property |
| Include assault, murder, and rape | Include robbery, theft, and burglary |
| Focus on bodily harm or threat | Focus on taking or damaging property |
| Carry harsher penalties | Often carry lighter sentences |
| An intent to harm a person is required | The intent to deprive of property is required |
Intent plays a central role in every criminal case because it determines whether the act was deliberate or accidental. Courts impose severe penalties for personal crimes because they violate a person's fundamental right to safety.
Homicide refers to the unlawful killing of another person and represents the most serious type of crime against persons. Under California Penal Code Section 187, the law classifies homicide based on intent, planning, and the circumstances surrounding the death.
| Charge | Definition | Penalties |
|---|---|---|
| First Degree Murder | Premeditated, planned killing | Life in prison or the death penalty |
| Second Degree Murder | Intentional killing without planning | 15 years to life in prison |
| Involuntary Manslaughter | Unintentional death through negligence | 2 to 4 years in prison |
First-degree murder requires proof that the defendant planned the killing beforehand. Second-degree murder involves intentional killing without advance planning, such as heat-of-passion incidents. Involuntary manslaughter occurs when someone causes death through reckless conduct, such as when a teacher engages in negligent behavior and causes a student's death.
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Many people confuse assault and battery, but the law treats them as separate criminal offenses. Under California Penal Code Section 240, assault involves creating a reasonable apprehension of imminent harm, even without physical contact. A battery requires applying physical force to another person's body.
Key distinctions between assault and battery include:
The prosecution's case often relies on witness testimony and physical evidence of bodily harm. Self-defense remains a common defense strategy when the accused faces a genuine threat. Penalties range from fines for a first offense to years in prison for malicious wounding or aggravated assault.
Sexual assault encompasses criminal charges involving non-consensual sexual contact or sexual intercourse obtained through force or coercion. Under California and federal law, these offenses carry severe consequences.
Common sexual assault charges include:
A law enforcement officer collects evidence through forensic examinations and witness interviews. Convictions carry serious penalties, including lengthy prison sentences and mandatory sex offender registration. Defense strategies may challenge evidence collection, witness credibility, or consent issues in the criminal case.
Domestic violence involves harm, threats, or violence between people in intimate or family relationships. The law defines qualifying relationships as spouses, dating partners, and household members.
Domestic violence offenses include:
Courts impose enhanced penalties for repeat offenses and cases involving children. A conviction impacts child custody decisions for years after the criminal case ends. When a defendant pleads guilty to domestic violence, they face firearm restrictions and other lasting consequences.
Hate crimes are criminal offenses motivated by bias against protected characteristics. When prosecutors prove bias motivation, sentence enhancements significantly increase jail time.
Protected categories under 18 U.S.C. § 249 and federal law include:
A simple assault becomes an aggravated assault with additional prison time when considered a crime of hate. These cases can be prosecuted at the state or federal level, depending on the circumstances. Defense strategies challenge the evidence of bias while protecting constitutional rights.
The self-defense theory justifies using force to protect yourself from imminent harm. The law requires that the force used be reasonable and proportional to the threat faced.
Elements required to claim self-defense:
This defense applies to many crimes against the person, including assault and battery charges. We analyze every case to determine if self-defense provides a path to acquittal or supports a plea bargain for a lesser included offense.
Most crimes are prosecuted at the state level, but federal law applies in specific situations. According to the Federal Bureau of Investigation, violent crimes remain a priority for law enforcement at all levels.
Federal jurisdiction applies when:
Federal prosecutions often carry harsher penalties than state court cases, and probable cause standards may differ. An attorney's experience in federal court matters greatly when facing these charges.
A conviction for crimes against the person brings severe consequences that last for years. Prison sentences range from months to life, depending on the offense, with murder carrying the harshest potential penalties. A felony conviction creates lasting barriers in multiple areas of life.
Long-term consequences include:
The violation stays on your record and impacts every aspect of your life. These stakes make an aggressive defense essential from the moment criminal charges are filed. California Courts provides resources for defendants seeking to understand their rights during the criminal process.
Early legal intervention often determines the outcome when you face charges for crimes against persons. We conduct thorough investigations and gather evidence that supports your defense while challenging the prosecution's case.
Our defense approach includes:
At Hurwitz Law Group, we fight to protect your rights with determination and skill.
First-degree murder is the most serious crime, requiring premeditation. Second-degree murder involves intentional killing without planning and is considered a less serious offense with different penalties.
Yes, self-defense applies when facing imminent harm. The law requires that the force used be reasonable and proportional to the threat, which can reduce charges to a lesser offense.
Hate crimes are considered crimes motivated by bias. Both federal and state laws prosecute them, with enhanced penalties due to the serious nature of these offenses.
Involuntary manslaughter, a less serious offense than murder, carries 2 to 4 years in prison. Penalties vary by state and circumstance, depending on prior convictions.
Domestic violence involves harm within intimate relationships and is considered a crime distinct from assault. It often includes additional penalties related to personal property and custody.
Yes, sexual assault convictions typically require lifetime registration. The law states this applies regardless of whether the offense involved physical force or non-consensual sexual intercourse.
When you face criminal charges for crimes against the person, every moment matters. The prosecution builds its case from the arrest, and you need an advocate to do the same. At Hurwitz Law Group, we defend clients against violent crime charges, including assault, homicide, and sexual assault. Contact us today for a free, confidential case evaluation. Our team is available 24/7 because protecting your rights requires immediate action.
When a case is dismissed without prejudice, it means the judge or prosecutor has dropped the charges, leaving the door open to refiling later. This is a temporary dismissal, not a permanent end to your legal troubles. The term "prejudice" means harm to a legal claim. Dismissal without prejudice preserves the prosecutor's right to refile the same charges. At Hurwitz Law Group, we help defendants in criminal and civil cases understand what this dismissal means for their future. This article explains the difference and outlines the next steps.
A dismissal without prejudice ends the current lawsuit or criminal case for now. However, the prosecution or plaintiff can refile charges or claims later. The case is dismissed, but it is not permanently closed. Think of it as a pause rather than a final stop.
Several reasons lead to this type of case dismissal:
When a judge dismisses a case without prejudice, the statute of limitations continues to run. Once the limitations period expires, the prosecutor cannot refile charges based on the same facts. We guide defendants through this uncertain period and monitor for any attempt to bring new charges.
Understanding "what does dismissed without prejudice actually mean" in law helps you grasp why this distinction matters. When a case is dismissed with prejudice, it is dismissed permanently. The prosecution cannot refile the same charges on the same grounds. This permanent dismissal protects defendants from facing charges twice for the same conduct.
Double jeopardy rules may also apply when a case is dismissed with prejudice. This constitutional protection stops the government from trying you twice. California courts grant permanent dismissal when prosecutors commit serious misconduct or violate a defendant's rights. A higher judge may also order dismissal with prejudice if the case was appealed and errors were found.
The key differences affect your future. Even a dismissal without prejudice still shows on your record. A case dismissed with prejudice offers stronger protection. Neither equals an acquittal; an acquittal comes only after trial on the merits.
A criminal case can be dismissed at any stage of the prosecution. The judge, prosecutor, or even the defendant's attorney can request dismissal. Under California Penal Code Section 1385, judges have authority to dismiss cases in the furtherance of justice. Knowing these rules helps you understand what to expect.
A voluntary dismissal happens when the prosecutor chooses to drop charges. The prosecution may voluntarily dismiss a case for strategic reasons. Perhaps the evidence fell apart, or a witness changed their story. When prosecutors voluntarily dismiss charges, they often preserve the right to refile later.
An involuntary dismissal occurs when the judge dismisses the case against the prosecutor's wishes. Courts order this when the prosecution fails to follow rules or commits legal errors. This means the prosecutor cannot refile the same charges. We file motions seeking involuntary dismissal when the prosecution violates our client's rights.
Prosecutors and judges drop charges for many reasons throughout the legal process:
When a judge determines the case cannot proceed, dismissal follows. The prosecutor may request time to gather additional evidence before the judge decides. If the limitations expire during this delay, the case ends permanently.
A dismissal without prejudice creates uncertainty for defendants. The current case ends, but you may still face charges if the prosecutor decides to refile. You remain in legal limbo until the statute of limitations expires. This waiting period causes stress for defendants and families.
Your criminal record may still show the arrest and charges even after the case is dismissed. Background checks often reveal this information. Employment and housing applications may ask about arrests, not just convictions. We help clients pursue record sealing when eligible.
The prosecution can refile charges any time before the limitations expire. Different crimes have different limitation periods under California law. Felonies typically carry longer sentences than misdemeanors. We advise clients to keep their lawyer informed and available if charges are brought.
Dismissal without prejudice appears in both civil and criminal law. However, civil procedure rules differ from criminal rules. In a civil case, the plaintiff has more freedom to dismiss and refile a claim. A party in a civil lawsuit can often voluntarily dismiss without court approval early in the case.
Federal court rules also differ from state court procedures. The Federal Rules of Civil Procedure govern a civil case in federal court. These rules set specific deadlines for when a plaintiff can dismiss a case without prejudice. Criminal cases in federal court have separate rules that protect defendants differently.
Some situations involve both a criminal case and a civil lawsuit from the same facts. The dismissal of one does not automatically affect the other. We understand how both systems work and guide clients through overlapping legal matters.
Taking the right steps after your case is dismissed protects your future. California law provides paths to clear your record. Record sealing removes arrest information from public view. This helps when employers or landlords run background checks. California Courts provides resources for defendants seeking to understand their options.
Keep all documents related to your dismissal in a safe place. You will need proof that the case ended if charges resurface. If the prosecutor decides to refile charges, you need your attorney ready with a defense strategy. The prosecution may have gathered additional evidence since the first case.
We provide support to clients even after dismissal. Monitoring for refiled charges protects you from surprises. Having a criminal defense lawyer ready gives you an advantage if the case returns.
Yes, the prosecutor can refile the same charges before the statute of limitations expires. You should keep a lawyer on standby in case charges are returned. This is especially important because a case dismissed voluntarily often leaves the door open for refiling, unlike a case dismissed involuntarily with prejudice.
No, dismissal does not establish innocence. It means the case ended without a verdict on the merits. The prosecution could still refile unless the case was dismissed involuntarily with prejudice, which can protect against future prosecution under the principle of double jeopardy.
Prosecutors must file before the limitations run out. Felonies have longer periods than misdemeanors under California law.
Yes, the arrest and charges may still appear. You may need to pursue record sealing to remove them from public view.
The judge may dismiss without prejudice, so the prosecutor can refile in the correct court. This resolves jurisdictional issues without permanently ending the case.
We monitor for refiled charges, pursue record clearing, and provide criminal defense if the prosecution brings new charges against you.
A dismissal without prejudice requires continued attention from an experienced attorney. The case may be over today, but the threat remains until the limitations expire. You need a criminal defense lawyer who will watch out for your interests.
At Hurwitz Law Group, we help defendants navigate dismissals in California courts. We know what it takes to achieve permanent dismissal when possible. Our team is available around the clock to answer your questions.
Call us at (323) 244-4147 to schedule your free consultation. Your conversation with us remains confidential.
Facing criminal charges in Santa Monica? A Santa Monica criminal defense attorney at Hurwitz Law Group can start protecting your rights today. An arrest can leave you scared, confused, and worried about your job, your family, and what happens at your first court date.
Our team moves quickly to examine the police report, challenge weak evidence, and explain every option in plain terms before you make any decision. We defend misdemeanor and felony charges, from driving under the influence (DUI) and domestic violence to drug, theft, and violent crime allegations. Call (323) 244-4147 any time, day or night, for a free, confidential case evaluation with our team.
Hurwitz Law Group represents people charged with crimes throughout Santa Monica from our Los Angeles office at 6565 Sunset Blvd. Our attorney has more than 10 years of criminal defense experience, and our firm has handled thousands of cases. Clients have also left more than 100 five-star reviews.
When you work with us, you can expect the following:
Every case starts with a free, confidential phone case evaluation. We listen to what happened, review the charges, and give you an honest assessment of the risks and options in front of you.
Our firm defends felonies and misdemeanors at both the state and federal levels. Each type of charge calls for its own defense strategy, and we build that strategy around the evidence in your case.
Assault allegations can stem from a fast-moving argument, a crowded bar, or a simple misunderstanding. We examine witness statements, video, and claimed injuries to test the prosecution's version of events. When the evidence supports it, we raise self-defense or challenge who started the confrontation.
A domestic violence arrest can bring a criminal protective order, time away from home, and pressure on your family. Our team moves early to protect your rights and gather the full story. Learn more about our Santa Monica domestic violence defense and how we respond to these charges.
Drug cases often turn on how police found the evidence. We review the stop, the search, and any lab testing for errors or constitutional problems. Our Santa Monica drug crime defense covers possession, possession for sale, transportation, and other drug-related charges.
A DUI arrest can affect your criminal record, your driving privileges, and your job. We look closely at the traffic stop, field sobriety tests, and breath or blood results. Explore our Santa Monica DUI defense to see how we challenge these cases from the first day.
Some investigations move into federal court, where federal agents and federal prosecutors handle the case. We defend clients facing federal charges and work to protect their rights from the investigation stage forward. Early representation can shape how an investigation unfolds.
A restraining order can limit where you live, where you go, and who you may contact. We help people respond to restraining orders and criminal protective orders, prepare for hearings, and understand the terms carefully so they can avoid new charges.
A sex crime accusation can threaten your reputation, your career, and your freedom before any court date. We handle these cases with discretion and a detailed review of the evidence. Our Santa Monica sex crime defense addresses allegations ranging from indecent exposure to sexual battery.
Shoplifting, petty theft, and grand theft charges can follow you into job applications and background checks. We review surveillance footage, loss-prevention reports, and the claimed value of the property. Read more about our Santa Monica petty theft defense and related charges.
Violent crime charges, such as robbery or assault with a deadly weapon, can carry the possibility of state prison and lasting consequences. We scrutinize identification evidence, police interviews, and forensic findings. Our goal is to expose weaknesses in the case and pursue the strongest available defense.
Knowing what comes next can ease some of the fear after an arrest. Most cases follow a similar path, though not every case includes every step.
Santa Monica has its own local prosecutors. The Santa Monica City Attorney's Office prosecutes state and local misdemeanor offenses arising in the city. Felony cases go to the Los Angeles County District Attorney's Office.
Knowing which office holds your case helps us plan negotiations and look for alternatives, such as diversion.
After an arrest, the police send a report to the prosecutor. The prosecutor reviews it and decides whether to file charges and whether to file them as misdemeanors or felonies. Under the rules for how criminal charges are filed in California, a person in jail generally cannot be held more than 48 hours without charges, not counting days the court is closed.
If no charges are filed by that deadline, the person must be released; however, the prosecutor might still file charges later. That window is a key reason to call a lawyer right away, since we can begin gathering information before a filing decision is made.
At the arraignment, which is usually your first court date, the judge explains the charges, your constitutional rights, and your right to a court-appointed lawyer if you cannot afford one. You will then be asked to enter a plea, most commonly guilty, not guilty, or no contest.
If you are still in custody, the judge decides whether to release you on your own recognizance, release you under supervision, set bail, or hold you without bail. People charged only with misdemeanors are typically released on their own recognizance, although some cases, such as those involving domestic violence, follow different rules. The judge may also issue a criminal protective order at this hearing.
Your next court dates depend on the charge. Under California's arraignment rules, an out-of-custody misdemeanor defendant has a right to a trial within 45 days of the arraignment or plea, whichever is later. That deadline shortens to 30 days for someone in custody.
In a felony case, both sides have a right to a preliminary hearing within 10 court days of the arraignment or plea, whichever is later. If that date is delayed for good cause or time is waived, the right to a hearing within 60 days still applies. You should always talk with a lawyer before agreeing to waive time.
After arraignment, both sides exchange evidence in a process called discovery. The prosecution typically provides initial discovery at the arraignment, often including the police report, photographs, or lab reports. Under California's pretrial process, the prosecution must also turn over any information that would hurt its own case, known as exculpatory evidence.
Either side can file motions asking the judge to rule on disputed issues. In a felony case, the preliminary hearing lets a judge decide whether there is enough evidence for the case to move forward, not whether you are guilty. We use this hearing to cross-examine the prosecution's witnesses and test its evidence.
If the judge finds enough evidence, the defendant is "held to answer," and the prosecution files a charging document called an Information.
The California Courts overview of the criminal process notes that most cases do not go to trial. Some resolve through a plea deal, and in some cases the judge decides the case cannot proceed for legal reasons. If neither happens, the case goes to trial, usually before a jury.
We prepare each case with trial in mind, even while we explore negotiated options. If a guilty plea or a jury verdict leads to a conviction, the case moves to sentencing, where we continue to advocate for you.
A defense attorney reviews every piece of evidence, protects your rights at each hearing, and explains your options in plain language. Our team also negotiates with prosecutors and prepares your case for trial when a fair resolution is not on the table.
Yes. Innocent people are sometimes arrested and charged, and a prosecutor's decision to file is based on a police report, not a finding of guilt. You are presumed innocent, but someone still needs to test the evidence and tell your side.
Stay calm and do not resist, even if the arrest feels unfair. Politely say that you want to remain silent and want to speak with a lawyer. Do not discuss the facts with police, other people in custody, or anyone on social media. Call a criminal defense attorney as soon as you can, or ask a family member to call for you.
The difference comes down to seriousness and possible penalties. According to the California Courts guide to criminal court, a misdemeanor conviction could mean county jail time of up to 6 months to a year, depending on the crime. A felony conviction could mean state prison, including life in prison.
A plea bargain is a negotiated agreement with the prosecution. You plead guilty or no contest, often to a reduced charge or in exchange for an agreed sentencing recommendation. Whether to accept one depends on the strength of the evidence, the possible penalties, and how a conviction could affect your record, job, or immigration status.
Yes, but not always. Depending on the facts and the evidence, charges may be dismissed or resolved through diversion. For misdemeanor cases, the Santa Monica City Attorney's Office runs several diversion programs.Â
Every case is different, and past results do not guarantee a similar outcome. Results our firm has obtained in Los Angeles County courts include:
Brian Hurwitz is the founding attorney of Hurwitz Law Group. He committed to criminal defense as a young law-firm intern, after seeing how innocent people were often treated unfairly by police and the courts. Early in his career, he pledged to aggressively challenge government prosecutors on behalf of his clients.
He earned a J.D. from Southwestern University School of Law and a B.S. in Business Economics from the University of Arizona. He was elected to the Criminal Courts Bar Association Board of Directors. Other memberships include the California Public Defenders Association, California Attorneys for Criminal Justice, and the Los Angeles County Bar Association.
His honors include Super Lawyers Rising Star recognition in 2018 and 2022, selection to the National Trial Lawyers Top 100 from 2017 to 2019, and Avvo Clients' Choice awards in 2017 and 2018. He also holds a Martindale-Hubbell Preeminent peer review rating.
The first days after an arrest matter, and you should not have to face them alone. A Santa Monica criminal defense attorney at Hurwitz Law Group can review the charges, explain your options, and start building your defense right away.
We are available 24/7 at (323) 244-4147 for a free, confidential case evaluation with Brian Hurwitz. You can also contact our team online to share the details of your case. Se habla español.
