Violent Crime Attorney in San Jose

Violent Crime Charges We Defend

California law covers a broad range of conduct under the umbrella of violent crimes. Some charges are filed as felonies from the outset; others can be filed as either a misdemeanor or felony depending on the facts and the prosecutor’s discretion. We defend clients against the full range of violent crime allegations, including:

• Murder and Manslaughter: Charges under Penal Code 187 (murder) and Penal Code 192 (voluntary, involuntary, and vehicular manslaughter), each carrying distinct elements and sentencing ranges
• Assault and Battery: Including simple assault (Penal Code 240), battery (Penal Code 242), and assault with a deadly weapon, which can be filed as a felony even without physical injury
• Robbery and Carjacking: Both classified as violent felonies and strike offenses under California law
• Kidnapping: A serious felony with significant sentencing enhancements depending on circumstances
• Criminal Threats: Charges that can be filed when a person allegedly places another in sustained fear, even without physical contact
• Domestic Violence: Violent allegations involving a spouse, cohabitant, or co-parent, carrying enhanced penalties under California law

Our firm also handles assault and domestic violence cases as dedicated practice areas. If your charges fall into one of those categories, we bring the same depth of experience focused on that specific charge type.

What a Violent Crime Conviction Means in California

The stakes in a violent felony case extend well beyond prison time. Most violent offenses qualify as strikes under California’s Three Strikes Law. A second strike doubles the base sentence. A third strike can mean 25 years to life in state prison, though under current California law that outcome generally requires the third offense itself to be a serious or violent felony. Our firm has a dedicated page on the Three Strikes Law for clients who need a closer look at how strike designations work.

Sentence exposure alone tells part of the story. First-degree murder carries 25 years to life; second-degree murder carries 15 years to life; voluntary manslaughter carries three, six, or eleven years in state prison. Aggravating factors, including weapon use, prior criminal history, or the status of the victim, can trigger additional sentencing enhancements under California law.

A conviction also brings collateral consequences that don’t appear in the sentence:

• Permanent loss of the right to own or possess a firearm
• Immigration consequences, including potential deportation for non-citizens
• Revocation or denial of professional licenses
• Barriers to housing and employment
• Impact on child custody and family court proceedings

This is why building a serious defense from the start matters in every violent felony case.

Defense Strategies for Violent Crime Cases

There’s no single approach that fits every case. After reviewing the facts, the evidence, and the prosecution’s theory, we build a strategy tailored to what the record actually supports. Nick Cvietkovich interned at the Santa Clara County Public Defender’s Office, won the first motion he ever argued, and later interned with the California Innocence Project, gaining direct experience with how wrongful accusations are built and dismantled.

The defenses we pursue depend on the specific charges and facts, but common approaches in violent crime cases include:

• Self-Defense and Defense of Others: California law recognizes these as legal justifications when a person reasonably believed force was necessary to protect themselves or another person
• Suppression of Unlawfully Obtained Evidence: Evidence gathered through an unlawful search or seizure can be challenged under the Fourth Amendment; if suppressed, it cannot be used against you at trial
• Mistaken Identity and Alibi: Eyewitness identification is often the primary prosecution evidence in violent crime cases and is also among the least reliable forms of evidence
• Challenging the Elements of the Charge: The prosecution must prove every element beyond a reasonable doubt; we work to identify where that burden can’t be met
• Charge Reduction Negotiations: In some cases, our goal is to negotiate a reduction from a felony to a lesser offense, or from a strike to a non-strike offense, which can dramatically change long-term consequences

Nick Cvietkovich: San Jose Violent Crime Attorney

Nick Cvietkovich is a 6th-generation San Jose resident. He attended Bellarmine College Preparatory, Santa Clara University, and Santa Clara University School of Law. He currently practices in the same building where his great-uncle had a law practice from the 1960s through the 1980s. This isn’t a regional firm with a satellite office in San Jose. This is where he’s from, and this community is who he represents.

A Career Built Around Serious Criminal Defense

Nick’s path was built specifically around serious criminal defense work. He began defending juveniles in Delinquency Court, moved to the DUI team where he won his first trial, and was then recruited to a private firm for major felony and strike cases before opening Law Offices of Thomas Nicholas Cvietkovich. His Jesuit education gave him a foundation of putting others ahead of himself, and that shapes how he approaches clients facing the worst moments of their lives. Clients work directly with Nick, not a junior associate who’s been handed a file.

Recognition and Professional Memberships

Nick has been recognized as a Super Lawyers honoree in 2024 and 2025, Top 40 Under 40, National Trial Lawyers Top 100, and Expertise Best Criminal Defense Attorney in San Jose. He is a member of the National Association of Criminal Defense Lawyers, the Santa Clara County Bar Association, California Attorneys for Criminal Justice, and the California Public Defenders Association.

How Violent Felony Cases Move Through Santa Clara County Courts

Criminal cases in San Jose and throughout Santa Clara County are heard at the Hall of Justice in downtown San Jose, which houses the criminal division of the Superior Court of California, County of Santa Clara. Violent felony charges, including assault with a deadly weapon and robbery, are prosecuted by the Santa Clara County District Attorney’s Central Felony Team at that facility.

Knowing how a case moves through this specific courthouse matters. From arraignment through preliminary hearing, pre-trial motions, and either a plea or trial, each stage presents opportunities for an experienced defense attorney to act. Nick’s deep roots in the Bay Area legal community and his years of practice in these courts mean he knows the system and the people who operate it, and that familiarity can benefit clients whose cases move through Santa Clara County.

Talk to a San Jose Violent Crimes Attorney Today

Violent crime charges move fast in California, and decisions made in the first days of a case can have lasting consequences. Law Offices of Thomas Nicholas Cvietkovich offers free initial consultations for those facing violent charges in San Jose and throughout Santa Clara County. There’s no cost to speak with us and understand your options.