CALIFORNIA CRIMINAL LAWYERS

Los Angeles Torture

Understanding Charges of Torture in California

Torture is an unforgivable crime that not many people are familiar with in the United States since it is not a part of everyday life. Nonetheless, there are protections in place for those who suffer from torture or have been wrongly accused of the crime. It is essential to comprehend what torture entails to avoid being charged with such an offense, which could be detrimental.

The State of California has a three-prong test to prove that the defendant is guilty of torture. The perpetrator must have intentionally inflicted bodily harm or severe pain on another person to cause unjust, cruel pain and suffering. Additionally, the act must have been purely for the purpose of extortion, revenge or an exceedingly sadistic motive. What stands out about California’s PC 206 definition of torture is that the victim does not have to have experienced extreme pain or harm for the defendant to be charged with torture. The key factor is that the defendant had the intent to cause the severe pain, regardless of whether they actually followed through with their actions.

If one is charged with torture in California, it is considered a felony instead of a misdemeanor due to the severity of the crime. The penalties for torture can include life imprisonment and a fine of up to $10,000. Defendants who face torture charges, whether innocent or guilty, must seek legal representation immediately. It is due to the magnitude of the charge and the harsh nature of the consequences that may follow if convicted. Hiring a skilled defense attorney can provide relief as some defense theories cases can explore. For example, the defendant may claim they were falsely accused, acted in self-defense or defense of a third party, or did not intend to cause cruel pain to the victim.

If you are currently facing charges for committing torture or would like to file charges against an offender, it is crucial to have legal representation. Our firm specializes in providing legal counsel to individuals facing such charges. To determine if our firm is the fit for your situation, we recommend scheduling a consultation with one of our experienced attorneys. During this appointment, you will discuss the details of your case with the legal professional, and they will assess whether it’s the right fit for our firm. By retaining our services, you will have taken the first step towards achieving resolution in your legal matter. Therefore, do not hesitate to contact us to schedule a consultation appointment today. Our firm is honored to serve and aid you in your upcoming legal case.

Defending a Torture Charge in California

Various legal defense theories can assist a defendant when facing torture charges. People wrongly accused must fight back against such heinous crimes by hiring a skilled defense attorney. The defendant can claim that they were not at the scene of the torture. Perhaps they can prove that they could not have committed the crime due to an alibi or witnesses who saw them elsewhere at the time of the torture. This defense theory is useful in proving one’s innocence since it dismisses the prosecution’s claim that the defendant was the perpetrator.

Another possible defense theory that our firm has seen and can apply in cases of torture is involuntary actions. Suppose a defendant was subject to a threat or coerced into committing torture. In that case, it is an involuntary action, meaning that they did not act under their free will, and thus should not be convicted of torture charges.

In some cases, the defendant may have acted in self-defense or to defend third parties. For example, if the victim was attacking the defendant or a loved one, the defendant may have resorted to extreme measures due to the life-threatening nature of the situation. It becomes a case of justifiable use of force and, hence, a potential defense theory.

There are also cases where the defendant’s intent was not to cause the victim pain or harm, even if it still happened. If torture resulted from unintended consequences, such as an accidental fall or slip, the defendant should not be convicted of torture charges.

Charging a Torturer in California

Torture victims in California can file charges against their torturers. Torture is a severe crime, and perpetrators should be brought to justice. Our firm helps victims achieve justice by identifying and filing appropriate charges against offenders. Suppose you are a victim of torture; we recommend seeking professional legal counsel to determine the course of action.

One possible charge can be for assault, where the victim experienced force or fear caused by the torturer. However, if the victim has permanent mental or psychological damage, a charge of aggravated assault is more appropriate. The victim may also have grounds to file civil tort claims against the torturer, pursuing damages for the harm inflicted.

Another charge to consider is false imprisonment. If the victim was deprived of their freedom of movement due to torture, they could file charges against the torturer. If the victim was restrained against their will, it implies that they did not voluntarily consent to the torture, making the act an illegal one.

Suppose the torture occurred in a domestic setting or relationship. In that case, the victim can file charges of domestic violence against the offender if the offender has an intimate relationship with the victim. Charges for domestic violence can help stop the cycle of abuse and protect the victim from future harm.

Conclusion

Torture is a horrific crime with severe legal consequences. It is essential to have a good understanding of the definition of torture in California, including the potential penalty for violations, common defense theories, and legal options available for victims. If you are a victim of torture or accused of torturing someone, contact our law firm. We will give you the legal advice and representation that you need.