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Violent Crimes

A violent crime charge in California carries consequences that no other category of offense quite matches — strike designations, serious prison exposure, and a record that affects housing, employment, and reputation for years. The stakes are real, and the legal issues are complex. At the Law Office of Nic Cocis, we defend individuals facing assault, battery, robbery, domestic violence, and related charges in Murrieta and throughout Southwest Riverside County. Nic Cocis has handled over 1,000 criminal cases — including murder — and has been doing this work since 1999.

How California Classifies Violent Crimes

From Assault to Murder: The Legal Landscape

California’s violent crimes statutes cover a wide range of conduct, and the distinctions between charges matter enormously for what you’re actually facing.

Assault under Penal Code § 240 is defined as an unlawful attempt to commit a violent injury on another person, coupled with the present ability to do so. No physical contact is required. A misdemeanor assault carries up to six months in county jail. Aggravated assault — assault with a deadly weapon under § 245 — is a wobbler with felony exposure up to four years in state prison.

Battery under Penal Code § 242 requires actual physical contact — any willful and unlawful use of force or violence on another person, however slight. Simple battery is a misdemeanor. Aggravated battery causing serious bodily injury is a wobbler. Battery with a firearm, battery on a peace officer, or battery resulting in great bodily injury are felonies. Great bodily injury enhancements under § 12022.7 add three to six years to the base sentence.

Robbery — Penal Code § 211 — takes property from a person using force or fear and is always a felony and always a strike. The force doesn’t have to be significant; courts have found robbery where a defendant merely pushed past someone while grabbing a bag. What matters is that some force or intimidation connected to the taking.

Murder under Penal Code § 187 is the most serious charge our office handles. First-degree murder carries 25 years to life. Second-degree murder carries 15 years to life. The distinction between first and second degree turns largely on premeditation and deliberation — elements we contest through the evidence and the circumstances of the case. Nic Cocis has defended murder charges in this county and knows these cases require a level of attention and preparation that routine criminal matters don’t.

Strikes and Their Consequences

Many violent crime charges qualify as “serious” or “violent” felonies under Penal Code § 1192.7 and § 667.5, which means they count as strikes under California’s Three Strikes law. A second strike doubles the mandatory minimum. A third strike — if the current offense is also serious or violent — can result in 25 years to life. Even a single strike on your record affects future sentencing on any subsequent felony conviction.

This is why the specific charge matters so much. A battery reduced to simple battery — not qualifying as a strike — has a completely different long-term profile than an aggravated battery conviction. We evaluate strike exposure from the first conversation.

How We Can Help with Violent Crime Charges

Our violent crime defense practice covers the full range of charges under California law. The defense strategy depends entirely on the specific charge, the evidence, and the facts — but we start from the same place every time: examining what the prosecution can actually prove.

Our violent crime defense services include:

Contesting intent, identification, and the circumstances of the alleged offense
Raising self-defense and defense of others claims under Penal Code § 198.5 and related provisions
Challenging witness statements, eyewitness identification, and surveillance evidence
Seeking wobbler offenses to be treated as misdemeanors rather than felonies
Building the record for trial in serious felony and murder cases
Advising on Three Strikes exposure at every stage of the case

Self-Defense and the Burden of Proof

California law recognizes the right to use force — including deadly force — in defense of yourself or others when you reasonably believe you’re in imminent danger of being killed or suffering great bodily injury. The prosecution must prove the killing or injury was not in self-defense once the issue is raised. That burden is real, and we know how to build a self-defense case through evidence, witness accounts, and the physical circumstances of the incident.

What to Expect When You Work with Us

01

Immediate Assessment

Violent crime cases move quickly. Charges are often filed within days of an arrest, and the early stages of a case — including what you say to investigators — can affect the outcome substantially. We move fast and advise you from the start on what to do and what not to do.

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02

Evidence and Witness Investigation

We review the police report, interview witnesses, examine physical evidence, analyze surveillance footage, and assess any statements made at the scene. In serious cases involving injury or death, we work with investigators and experts who can reconstruct events independently of the prosecution’s narrative.

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03

Legal Strategy and Motions

Whether the defense is self-defense, lack of intent, mistaken identity, or a factual challenge to the prosecution’s theory, we build the argument from the evidence and file motions where the law supports them.

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04

Trial Preparation and Representation

Nic Cocis has tried cases involving the most serious charges California courts see. He prepares every case as if it’s going to trial — because that’s the only way to negotiate from strength when the stakes are this high.

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Facing Violent Crime Charges in Murrieta or the Surrounding Area?

If you’re facing a violent crime charge, you need an attorney who has handled these cases and knows this courthouse. Contact the Law Office of Nic Cocis for a consultation. We serve clients in Murrieta, Temecula, Menifee, Lake Elsinore, Wildomar, Winchester, Canyon Lake, French Valley, and throughout Southwest Riverside County.

Schedule a Consultation Call Law Office Of Nic Cocis Today

Why Choose the Law Office of Nic Cocis?

Murder Case Experience

Has defended the most serious charges California courts handle

Over 1,000 Cases Since 1999

Extensive background in felony litigation at every level

Southwest Justice Center Familiarity

Knows the court, the judges, and the prosecutors

Prosecutorial Training

Understands how violent crime cases are built from the inside

Frequently Asked Questions

Yes, in cases where consent is legally cognizable. Adult complainants who freely and voluntarily agreed to sexual contact present a genuine consent defense. However, consent is not available as a defense when the alleged victim is under the age of consent in California (18 for most purposes), when the victim was unconscious or incapacitated, or when the victim was institutionalized or otherwise legally incapable of consenting. Where consent is a viable defense, we build the record — communications, prior relationship history, and witness accounts — that supports it.

California law permits what’s called “imperfect self-defense” in limited circumstances. Even if you were the initial aggressor, you may be able to claim self-defense if you clearly communicated your intent to stop fighting and the other party continued to escalate. The claim won’t reduce a charge to lawful conduct, but it can reduce first-degree murder to second-degree or voluntary manslaughter, which carries dramatically different sentencing. Self-defense claims are fact-intensive and require building a record from the beginning. We assess every available argument.

In California, the decision to prosecute rests with the District Attorney’s office, not the complaining witness. A victim who declines to cooperate or recants can still be subpoenaed to testify. However, without a cooperative victim, the prosecution’s case is often significantly weakened. The DA must independently prove the elements of the offense, and a recanting or uncooperative witness creates real problems for that effort. This dynamic plays out frequently in domestic violence cases, and we know how to work within it.

It depends on the charge and whether the case goes to trial. Misdemeanor assault and battery cases can resolve in a few months. Felony cases — especially those involving serious injury or a Three Strikes allegation — typically take six months to two years. Murder cases can run longer, particularly when expert witnesses, forensic evidence, and extensive discovery are involved. The timeline matters to your life. We keep you informed at every stage so there are no surprises.

Great bodily injury under Penal Code § 12022.7 is a sentence enhancement that applies when the victim suffers a significant or substantial physical injury. It’s not just any injury — broken bones, lacerations requiring stitches, and similar harm typically qualify. The enhancement adds three to six years to the underlying sentence and elevates a misdemeanor battery to a felony. In serious cases, the prosecution often tacks on multiple enhancements. We examine every enhancement allegation and contest those that aren’t supported by the evidence.

Areas We Serve

  • Murrieta

  • Menifee

  • Wildomar

  • Canyon Lake

  • Temecula

  • Lake Elsinore

  • Winchester

  • French Valley

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