Marc Pelta is a former prosecutor and has practiced criminal defense since 2008. This page covers the violent charges the practice handles and how each one connects to the other pages on this site.
01The violent charges
Assault and battery. Assault under PC 240 and battery under PC 242 are the most common violent charges, and they are often filed together. The assault and battery page explains each charge, including PC 243 and 245.
Domestic violence. Corporal injury to a spouse or intimate partner (PC 273.5) can be filed as a felony. Battery on an intimate partner (PC 243(e)(1)) is a misdemeanor. Both carry protective orders and other consequences, described on the domestic violence page.
Criminal threats and other violent felonies. Criminal threats are often charged as wobblers. Robbery (PC 211) is a violent felony, and first-degree residential burglary (PC 459) is a strike, as the felony defense page explains.
02Felony or misdemeanor
Many violent charges are wobblers, which means the prosecutor can file them as a felony or a misdemeanor. A judge may later reduce a felony wobbler under Penal Code section 17(b). The filing decision is therefore the first point of review.
03Strikes and custody
A violent felony can count as a strike under the Three Strikes law, and a violent felony also limits custody credits under Penal Code section 2933.1. Violent felonies and the offenses listed in section 1192.7(c) are serious felonies, and both lists drive future sentencing.
04What a former prosecutor looks for
A former prosecutor reads the charging document first, then the police report and the evidence behind each count. The aim is to see how the charge was built and where it can be narrowed or reduced before anything is decided.
05Talk to Pelta Law
Call or text Marc with a name, a callback number and the county. A conflict check comes before any case detail is shared, and the first review is a 20-minute phone call, by arrangement.