At The Nieves Law Firm, APC, we defend people facing violent crime charges in San Jose and throughout Santa Clara County. We have been doing this work since 2012.

When someone in your family is arrested for assault, robbery, domestic violence, or a charge with a gang enhancement attached, the case starts moving before anyone has time to think. Our job is to slow it down, explain what your loved one is actually facing, and fight the charge instead of processing a quick plea. Se habla español.

That covers assault with a deadly weapon (PC § 245), robbery (PC § 211), domestic violence causing injury (PC § 273.5), criminal threats (PC § 422), and homicide, plus gang enhancements under PC § 186.22 that can add years on top of the base charge.

Santa Clara County prosecutors file these cases aggressively, and cases are heard at the Hall of Justice on West Hedding Street. We know that courthouse, we know how these charges get filed and negotiated here, and we prepare every case as if it is going to trial.

Your first conversation with us is confidential and protected by attorney-client privilege, and we will explain how fees work before you commit to anything.

What Clients Say About The Nieves Law Firm 

“They took the time to clearly explain every step of the legal process.” Conan L.

“Grace was the victorious attorney who appeared in court for me, fully prepared and completely in control of the narrative.” Ms. Espinoza

“He truly cares about people, not just cases.” Channing W.

Assault Charges vs. Robbery Charges in California

Assault, battery, robbery, and attempted murder all get filed as violent charges, but the Santa Clara County District Attorney’s Office must prove very different things for each one, and that difference decides how your family member’s case is fought.

  • Simple assault (PC § 240) means an attempt to use force on someone. No injury and no contact is required.
  • Battery (PC § 242) means actual unwanted touching, even without a visible injury.
  • Assault with a deadly weapon (PC § 245) requires force likely to cause great bodily injury, and CALCRIM No. 860 tells the jury a fist, a car, or a bottle can count. It does not have to be a gun or a knife.
  • Robbery (PC § 211) is a theft charge with force or fear added, and under CALCRIM No. 1600 the DA must prove the intent to steal existed at the moment the force was used.
  • Attempted murder (PC § 664/187) requires proof of a direct step plus the specific intent to kill, per CALCRIM No. 600. Intent to hurt is not enough.

How The Nieves Law Firm Helps Clients in San Jose

The Nieves Law Firm defends people in San Jose and Santa Clara County who are facing violent crime charges and cannot afford to lose their freedom, their family, or their immigration status.

What You Get With The Nieves Law Firm

Criminal defense is all we do

This is not a general practice that handles a little of everything. Criminal defense has been the firm’s single focus since 2012, from DUI and domestic violence to drug and theft charges.

We speak your language

Se Habla Español. You get real bilingual help so you understand every step and never sign something you did not fully grasp.

We know how a charge affects your status

Every case is reviewed for immigration consequences, no matter the charge. Even a misdemeanor can threaten a green card, a visa, or a DACA renewal, and we treat that risk seriously.

We prepare to win, which gives you leverage

Prosecutors negotiate differently when they know an attorney is ready to take a case to trial. That readiness often changes what they put on the table.

Trusted where it counts

Attorney Jo-Anna Nieves has been called on for legal insight by ABC News, Court TV, Forbes, and Nancy Grace Crime Stories. When you need focused criminal defense experience in Santa Clara County courts, that track record matters.

You stay informed

You are treated like a person, not a case number. We explain everything so you always know where your case stands.

Does a Violent Crime Conviction in California Trigger Immigration Consequences for San Jose Residents?

Yes. A violent crime conviction can lead to removal proceedings, block a green card or citizenship application, and make a non-citizen inadmissible, even when the person has lived here legally for decades.

  • Murder under PC § 187, which is treated as an aggravated felony with almost no relief available
  • Robbery under PC § 211, often classified as a theft or violent aggravated felony depending on the sentence
  • Assault with a deadly weapon under PC § 245, which frequently qualifies as a crime of violence
  • Domestic violence convictions under PC § 273.5, which are a separate removal ground under federal law

California’s sanctuary laws limit how local agencies share information with ICE, but they do not stop federal immigration authorities from acting on a conviction. A conviction can also threaten a state license under the California Business and Professions Code.

Understanding the Evidence in San Jose Violent Crime Cases

Violent crime cases in San Jose often turn on body camera footage, 911 recordings, surveillance video, eyewitness accounts, and forensic evidence.

Body Camera, 911, and Surveillance Evidence

Body camera footage can reveal what happened before and during an arrest, while 911 recordings may show whether a caller’s initial account differs from later statements. Surveillance footage from nearby businesses or residences can also be critical, but it may be deleted quickly if it is not preserved.

Eyewitness and Forensic Evidence

Defense counsel can challenge eyewitness identifications based on factors such as lighting, distance, stress, and lineup procedures. DNA, firearm evidence, and chain of custody can also be examined for weaknesses. In cases involving gang enhancements, attorney review may focus on officer opinions, social media evidence, and the basis for the allegation.

Early investigation is important so favorable evidence can be preserved and challenged before key hearings.

The Team Behind The Nieves Law Firm

The Nieves Law Firm, APC was founded in 2012 by attorney Jo-Anna Nieves and defends people facing criminal charges across the Bay Area and Sacramento, including Santa Clara County. The work is built around clients who have too much to lose: a job, a professional license, an immigration status, a family counting on them.

Jo-Anna Nieves is trusted by ABC News, Court TV, Forbes, and Nancy Grace Crime Stories for criminal defense legal insight. The team serves English and Spanish-speaking clients so families can ask questions in the language they think in.

Our Process for Violent Crimes Defense in San Jose

1. Confidential case consultation

You tell us what happened and we explain the charges in plain language, in English or Spanish. We assess the immediate risks first: the arraignment date, bail, and any protective order already in place.

2. Case investigation and evidence preservation

We independently review police reports, San Jose Police Department body cam footage, witness statements, and crime lab results. Preservation demands go out early, before footage is overwritten or lost.

3. Strategy development

The defense theory is built around the specific charge, whether that is assault with a deadly weapon (PC § 245(a)(1)), robbery (PC § 211), or attempted murder. We also account for what your family member stands to lose: immigration status, a license, a job.

4. Pre-trial motions

We file motions to suppress illegally obtained evidence, challenge eyewitness identification, and fight strike priors. Bail modification hearings at Santa Clara County Superior Court can bring your loved one home while the case is pending.

5. Negotiation from a position of trial readiness

Prosecutors treat a case differently when defense counsel is prepared to put it in front of a jury. That preparation is the leverage behind every conversation with the District Attorney’s office.

6. Trial or resolution

If the offer does not protect what matters, we try the case. If a negotiated resolution is the stronger path, it is one that guards your family member’s freedom, record, and future, not just a quick plea.

Common Questions About Violent Crime Cases 

What is considered a violent crime under California law?

California treats a crime as violent when it involves force, the threat of force, or serious bodily injury to another person.

Penal Code § 667.5(c) lists the offenses that qualify as violent felonies, including murder (PC § 187), robbery (PC § 211), and assault with a deadly weapon that causes great bodily injury (PC § 245).

A violent felony conviction counts as a strike under California’s Three Strikes law and requires serving 85 percent of the sentence.

What is the difference between assault and battery under California Penal Code?

Assault (PC § 240) is an attempt to use force on someone, and battery (PC § 242) is the actual unwanted touching. You can be charged with assault even if nobody was touched or hurt. Under CALCRIM No. 915, the prosecution must prove your family member acted willfully and had the present ability to apply force, which is often where a defense begins.

What are the penalties for assault with a deadly weapon in San Jose?

Assault with a deadly weapon (PC § 245(a)(1)) is a wobbler, meaning it can be filed as a misdemeanor or a felony depending on the facts and the person’s record. A felony conviction carries two, three, or four years in state prison, and more if great bodily injury is alleged under PC § 12022.7.

Can a violent crime charge be reduced to a misdemeanor?

Yes, in many cases. Wobbler charges like assault with a deadly weapon (PC § 245) or corporal injury on a spouse or partner (PC § 273.5) can be reduced to misdemeanors through negotiation, a PC § 17(b) motion, or after successful probation. Reductions happen when an attorney presents the full picture early, before the Santa Clara County District Attorney’s office locks into a position.

Will a violent crime conviction make me deportable if I am not a U.S. citizen?

It can. Many violent offenses qualify as crimes involving moral turpitude or aggravated felonies under federal immigration law, which can lead to removal, denial of a green card, or loss of a visa, even for lawful permanent residents.

The Nieves Law Firm looks at immigration exposure alongside the criminal case from the first meeting, because the plea language chosen can matter more than the sentence itself.

What happens at an arraignment for a violent crime charge in San Jose?

At the arraignment, held at the Hall of Justice on West Hedding Street, the charges are read, a plea is entered, and the judge sets or reviews bail. It usually takes place within 48 hours of arrest, not counting weekends and holidays. Having a private attorney at that first appearance matters, because bail arguments and release conditions are decided fast.

How does a felony violent crime conviction affect a professional license in California?

State licensing boards, including nursing, contracting, security, and commercial driving, can suspend, deny, or revoke a license after a conviction for a crime substantially related to the job. Violent felonies are almost always treated as substantially related. Boards run their own hearings separate from the criminal court, so the outcome of the criminal case shapes what happens next.

Do I have to go to trial, or can my case be negotiated?

Most cases resolve without a trial, but the strength of that negotiation depends on whether the prosecutor believes your attorney will actually try the case. Prosecutors move differently when the defense has filed motions, interviewed witnesses, and prepared for a jury. The Nieves Law Firm builds every case as if it is going to trial, which is what creates real leverage at the negotiating table.

How long does a violent crime case take to resolve in Santa Clara County?

A misdemeanor may finish in three to six months, while a felony with enhancements can run a year or longer. Cases involving gang allegations under PC § 186.22, witnesses requiring expert testimony, or extensive discovery take the most time. Rushing a serious case is usually worse than waiting, since the additional months often produce the evidence that changes the outcome.

Local Resources in San Jose for Violent Crimes 

  • Santa Clara County Superior Court
    The trial court handling criminal cases filed within the county.
  • Hall of Justice, Main Courthouse
    Primary downtown facility where felony arraignments and criminal trials are conducted.
  • Santa Clara County District Attorney’s Office
    Prosecutes criminal cases on behalf of the state in this county.
  • Santa Clara County Public Defender’s Office
    Provides court-appointed legal representation to eligible defendants who cannot afford an attorney.
  • Santa Clara County Main Jail
    Adult detention facility where individuals awaiting trial or serving short sentences are held.
  • Santa Clara County Sheriff’s Office
    Operates county jails and provides law enforcement services in unincorporated areas.
  • San Jose Police Department
    Municipal law enforcement agency that investigates crimes and makes arrests within the city.
  • Santa Clara County Probation Department
    Supervises individuals placed on probation and prepares presentence reports for the court.
  • Santa Clara County Office of the Medical Examiner-Coroner
    Investigates deaths and provides forensic findings used as evidence in criminal proceedings.
  • Santa Clara County Criminal Justice Information Center
    Manages court records and criminal history information for the county.
  • Bay Area Legal Aid, San Jose Office
    Nonprofit providing civil legal services to low-income residents navigating related legal challenges.
  • Crime Victims Assistance Center (CVAC)
    County-run office that connects crime victims with counseling, emergency funds, and support services.

Facing Violent Crime Charges in San Jose? Protect Everything You Have to Lose.

Someone you love has been arrested on a violent charge in Santa Clara County, and the case is already moving.

The Nieves Law Firm, APC defends people facing violent charges in San Jose and the surrounding communities and prepares every case as if it is going to trial. Prosecutors negotiate differently when they know the defense is ready.

Call us to talk about what your family member is facing and how representation works, including what to expect on fees. Your call is confidential and protected, and asking questions costs you nothing.

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