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.
Facing charges in los angeles?
Get fast, trusted defense from a
top-rated firm.
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.
Brian Hurwitz Has 10+ Years of Criminal Defense Experience
Affordable Fees and Payment Plans
We Offer No-Cost, Confidential Phone Consultations
