Practice areas

San Francisco Criminal Violent Crimes Defense From a Former Prosecutor

Violent charges range from a misdemeanor shove to a strike felony, and the charging decision often sets that range before a lawyer is involved. Pelta Law defends violent crime charges across San Francisco, Alameda, Santa Clara, San Mateo, Contra Costa, Marin, Solano, Napa and Sonoma counties.

Former prosecutor
Criminal defense since 2008
State Bar No. 253315
Serving 38 California LocationsSan FranciscoOaklandSan JoseRedwood CitySan MateoFremontHaywardDaly CityBerkeleySan RafaelMill ValleyNapaMartinezPittsburgPleasantonSan RamonSanta ClaraMountain ViewLos GatosMenlo ParkHalf Moon BayPacificaSacramentoRosevilleAuburnStocktonModestoMantecaSan JoaquinBeverly HillsLos AngelesSan Fernando ValleySanta BarbaraRiversideSan BernardinoSan DiegoTemeculaWalnut Creek+ Statewide by arrangement Serving 38 California LocationsSan FranciscoOaklandSan JoseRedwood CitySan MateoFremontHaywardDaly CityBerkeleySan RafaelMill ValleyNapaMartinezPittsburgPleasantonSan RamonSanta ClaraMountain ViewLos GatosMenlo ParkHalf Moon BayPacificaSacramentoRosevilleAuburnStocktonModestoMantecaSan JoaquinBeverly HillsLos AngelesSan Fernando ValleySanta BarbaraRiversideSan BernardinoSan DiegoTemeculaWalnut Creek+ Statewide by arrangement

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.

Common questions

Answers before the first call.

General information, not legal advice about any particular case. Ask Marc about the law and deadlines that apply to yours.

What is the difference between assault and battery in California?

Assault under PC 240 is an attempt to use force with the present ability to do it; no contact is needed. Battery under PC 242 is the actual use of force, and any unwanted touching can qualify. The two are often charged together, and the evidence decides which applies.

Can the other person drop the charges?

No. In California the district attorney, not the person who was hurt, decides whether to file and whether to continue a case. That person's account still matters, and a change or refusal to testify affects what the prosecution can prove. Contact can violate a protective order.

Why does a violent felony matter after the case ends?

A violent felony can count as a strike under the Three Strikes law, and it limits custody credits under Penal Code section 2933.1. These effects can last long after the sentence, so they should be reviewed early.

Pelta Law · San Francisco

A place to begin.

Contact Pelta Law to discuss your inquiry. A conflict check comes before any case detail is shared.

Call Marc · 415-963-1152Text MarcContact Pelta LawDo not send case facts or documents in an initial message.