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Violent Crime Defense

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Violent crime defense concerns the defense of people accused of offenses that involve the use or threat of physical force against another person. This category covers a range of allegations, from offenses involving threats or physical altercations to the most serious charges, and these cases are typically treated as among the gravest matters in criminal law.

The core protections of criminal law apply with particular importance here, given the stakes. They include the presumption of innocence, the government's obligation to prove guilt beyond a reasonable doubt, the right to remain silent, the right to a lawyer, and the right to challenge the evidence and witnesses presented. Because the consequences can be severe, careful examination of the government's evidence is central.

These cases often raise distinctive issues. Questions of intent and state of mind can be important, since the law may treat conduct differently depending on what a person intended. Recognized defenses, such as self-defense or defense of others, can apply in some circumstances. Identity, the reliability of witness accounts, and the interpretation of events are also frequently contested.

For a non-lawyer, the key points are that an accusation is not proof of guilt, that the government carries the burden of proof, and that violent crime charges can carry serious and lasting consequences. Anyone questioned about, investigated for, or charged with a violent offense generally benefits from consulting an experienced defense lawyer as soon as possible.

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Related practice areas

Assault and Battery DefenseDrug Crime DefenseDUI and DWI LawFederal Criminal DefenseJuvenile LawProbation and Parole ViolationsSex Crime DefenseTheft and Property Crime Defense

Primary law

The governing U.S. Code, statutes and founding documents for Violent Crime Defense.

Key definitions

Defined terms that recur in violent crime defense — each links to its dictionary entry.

FelonyMens ReaSelf DefenseAssaultBatteryHomicideMalice AforethoughtProvocationManslaughterAggravated AssaultDeadly WeaponIntent

Key cases of the U.S. Courts of Appeals

The most-cited decisions applying U.S. Code Title 18 (Crimes and Criminal Procedure) — beyond the landmark cases above.

Violent Crime Defense by state

Courts, law libraries and state-specific resources. State law governs much of this area, so deadlines and rules vary by state.

Further reading

  • Peace Through Agreement: Replacing War with Non-Violent Dispute-Resolution Methods - Hardcover
    Peace Through Agreement: Replacing War with Non-Violent Dispute-Resolution Methods - Hardcover
    Gerald Rabow
  • Violent Crime in North America - Hardcover
    Violent Crime in North America - Hardcover
  • Struggles for the Human: Violent Legality and the Politics of Rights - Hardcover
    Struggles for the Human: Violent Legality and the Politics of Rights - Hardcover
    Lara Montesinos Coleman
  • Violent Impacts: How Power and Inequality Shape the Concussion Crisis - Paperback
    Violent Impacts: How Power and Inequality Shape the Concussion Crisis - Paperback
    Kathryn Henne
  • The Handbook of Human Rights Investigation 2nd Edition: A comprehensive guide to the investigation and documentation of violent human rights abuses - Paperback
    The Handbook of Human Rights Investigation 2nd Edition: A comprehensive guide to the investigation and documentation of violent human rights abuses - Paperback
    Dermot Groome
  • The Creation of Dangerous Violent Criminals - Paperback
    The Creation of Dangerous Violent Criminals - Paperback
    Lonnie H. Athens
  • Incarcerated Resistance: How Identity, Gender, and Privilege Shape the Experiences of America's Nonviolent Activists - Hardcover
    Incarcerated Resistance: How Identity, Gender, and Privilege Shape the Experiences of America's Nonviolent Activists - Hardcover
    Anya Stanger
  • Struggles for the Human: Violent Legality and the Politics of Rights - Paperback
    Struggles for the Human: Violent Legality and the Politics of Rights - Paperback
    Lara Montesinos Coleman
  • Forensic Victimology: Examining Violent Crime Victims in Investigative and Legal Contexts - Hardcover
    Forensic Victimology: Examining Violent Crime Victims in Investigative and Legal Contexts - Hardcover
    Brent E. Turvey
  • Violent Non-State Actors in Modern Conflict - Paperback
    Violent Non-State Actors in Modern Conflict - Paperback
  • A Violent Peace: Race, U.S. Militarism, and Cultures of Democratization in Cold War Asia and the Pacific - Paperback
    A Violent Peace: Race, U.S. Militarism, and Cultures of Democratization in Cold War Asia and the Pacific - Paperback
    Christine Hong
  • Abstracts of Fauquier County, Virginia. Wills, Inventories and Accounts, 1759-1800 - Paperback
    Abstracts of Fauquier County, Virginia. Wills, Inventories and Accounts, 1759-1800 - Paperback
    John K. Gott
  • The Scandal of White Complicity in US Hyper-Incarceration: A Nonviolent Spirituality of White Resistance - Paperback
    The Scandal of White Complicity in US Hyper-Incarceration: A Nonviolent Spirituality of White Resistance - Paperback
    A. Mikulich
  • Creating Positive Policing Narratives For Countering Violent Extremism - Paperback
    Creating Positive Policing Narratives For Countering Violent Extremism - Paperback
    Nadia Gerspacher
  • Violent Impacts: How Power and Inequality Shape the Concussion Crisis - Hardcover
    Violent Impacts: How Power and Inequality Shape the Concussion Crisis - Hardcover
    Kathryn Henne
  • No Justice, No Peace: The Ethics of Violent Protests - Hardcover
    No Justice, No Peace: The Ethics of Violent Protests - Hardcover
    Avia Pasternak
  • Incarcerated Resistance: How Identity, Gender, and Privilege Shape the Experiences of America's Nonviolent Activists - Paperback
    Incarcerated Resistance: How Identity, Gender, and Privilege Shape the Experiences of America's Nonviolent Activists - Paperback
    Anya Stanger

This overview is general legal information, not legal advice, and does not create an attorney–client relationship. Laws vary by state and change over time — consult a licensed attorney about your situation.