Violent Crimes Lawyer Baldwin Park, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk wrecking your reputation, ruining your career, and perhaps worst yet, a trip to jail or prison. But you have a chance at a more positive outcome. And when you work with the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard you from these devestating consequences. We defend all of the following violent crime categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our expert Baldwin Park, CA, violent crimes defense lawyers will look into your case, be honest with our recommendations, and find defensive strategies that should be effective for your situation. We view your case, and you as a person, as unique and deserving of individual attention. If you need to craft your defense, call us at (800) 755-5174 or fill out our contact form today for a free, confidential consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Accusations
Our team of Baldwin Park, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. It all starts with the following steps:
- Learn Your Story – We believe that you should be at the center of your defense. We want to hear from you what really happened and why.
- Research the Statutes and Your Case – We'll research the specifics of the charges and Baldwin Park, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Craft a Defense Strategy – We'll recommend a defensive strategy such as defense of others, mistaken identity, or procedural error.
- Negotiatiate With the State – We won't back down in negotiations; we'll fight to secure a plea deal that protects your interests.
- Fight At Trial – If your case reaches trial, we'll present our matchless defense in court and show the judge and/or jury your side of the story.
Understanding Violent Crimes in California: Felony vs. Misdemeanor Charges
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. When you've been accused of a violent crime in Baldwin Park, CA, the state must prove factors like your culpability beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
For instance, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, while battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Both can be misdemeanors or felonies, depending on severity. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. A first-time misdemeanor assault might lead to probation, but aggravating factors like a weapon could mean jail time. Our team of violent crimes lawyers uses a varitey of defense strategies depending on the circumstances, including self-defense, claiming rights violation, and showing alibis.
Major Baldwin Park, CA, Violent Crime Accusations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on somebody." Many people don't realize that to be charged with assault, one only has to attempt to cause harm, regardless of whether or not you actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but you could also potentially face a severe variation on the charges. Aggravated assault is just that: assault with intent to cause serious bodily injury. Another similar one is assault with a deadly weapon: Attempts to harm while using a weapon other than a gun. These variations aren't official charges, but rather subcategories for more serious assault charges
As discussed above, assault only requires an attempt to cause harm. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, rather than simply being attempted. You'll find that in many cases, if you're accused of battery in Baldwin Park, CA, you'll also be accused of assault. On the other hand, criminal threats charges can result even from a nonviolent altercation. All you have to do is intimidate someone. You don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and other charges along those lines. Because of the difference in each of the statutes, it's critical to work with a violent crimes lawyer who knows how to defend each of the charges.
The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in Baldwin Park, CA,:
- False Imprisonment: False imprisonment occcurs when an individual detaining another without just cause, for example, locking another person in a room.
- Kidnapping: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad reasons like forced labor or sex.
- Stalking: To be guilty of stalking in California, you have to both follow a person without their consent, and make a believable threat.
- Terrorist Threats: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – watch out for linked hate crime accusations in these cases.
- Torture: Torture goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
- Mayhem: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- Arson: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- Rioting: RIoting can either consist of starting a riot or participating in one, and is normally a misdemeanor unless it occurs in a jail and/or someone is seriously harmed.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Baldwin Park, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
In many cases, unlawful possession charges are related to a felon in possession of a firearm, but you could also face them for carrying a concealed firearm without a permit or a felon possessing ammunition.
While all Baldwin Park, CA, firearm charges are major, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon is when one person shows another a gun (or other weapon) to intimidate them, not necessarily firing it. This is often prosecuted as a misdemeanor instead of a felony.
On the contrary, discharging a firearm can greatly increase the punishment you're facing. Especially in allegations such as a drive-by shooting or shooting at an inhabited dwelling, it's unlikely that you'd get off with a small fee or community service.
An excellent Baldwin Park, CA, violent crimes defense attorney can not only protect you from a prison sentence and hefty fine, but also from further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
The stakes are high for all kinds of violent crime allegations. Domestic accusations, though, are especially hard to fight. Domestic violence has a wider definition than battery on your spouse; it includes intentional or unintentional harm, threats of abuse, and even just placing someone in fear of harm. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse charges are saved for when someone alleged hurt a child on purpose, while child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, heightening their gravity.
Our household violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We can also help you fight animal cruelty charges, elder abuse charges, and, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Baldwin Park, CA, there's a good chance that they're one of the ones above. But you can also face elevated charges and/or sentencing enhancement should your case fall into certain categories.
One of the most common examples is gang enhancements. When an alleged offender has a past history of supposed gang activity, and this new charge was in some way related to a gang, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You can be convicted of conspiracy if you agree with someone else to break the law, and either one of you does something overt to advance the plan.
Another common sentence enhancement is when an alleged action is charged as a hate crime. While hate crimes can be standalone offenses, they are often used as enhancements to other charges. The prosecutor in Baldwin Park, CA may charge another crime as a hate crime if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Furthermore, our Baldwin Park, CA, violent crimes attorneys can help guard you against California's three strikes law. For alleged repeat offenders, this law can become a tremendous hurdle. Previous felony convictions may count as "strikes" against you. With one prior strike, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. With two prior strikes, you are facing 25-years-to-life in prison, with additional restraints on early release.
Procedural and Governance Charges Defense Lawyers
Baldwin Park, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a similar set of charges, though this can penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
In most cases, if you're accused of a violent crime in Baldwin Park, CA, you'll be in municipal court against a local prosecuting attorney. But for more serious cases, a federal prosecutor may fight against you. You don't want to go to federal court alone. You don't want to face the full force of the United States government without help. The Law Offices of David S. Chesley, Inc., is prepared to be your defense attorney for federal crimes as well as state charges.
Additional Miscellaneous Violent Crime Defense Services We Offer
- Aggravated Battery
- Assault With Force Likely to Produce Great Bodily Injury
- Battery On a Spouse or Cohabitant or Dating Partner
- Contempt for Violating a Domestic Violence Court Order
- Corporal Injury on a Spouse or Cohabitant
- Dissuading a Witness or Victim/Witness Intimidation
- Expungement/Record Clearance After Violent Crime Conviction
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer for charges like armed robbery, where force or fear is used to take property. Penalties can reach 9 years in prison, especially if a weapon is involved. First-degree burglary, entering a residence with intent to steal, is a felony with 2-6 years. Carjacking (PC 215) involves taking a vehicle by force, punishable by up to 9 years.
Because of the importance of witness testimony, it's important to work with a leading violent crimes defense lawyer to build your defense. We can present your side of the story, challenge the prosecution's witnesses, and show an alternative interpretation of the events. If you're on parole or have priors, you could face sentencing enhancements if convicted. Depending on the nature of the alleged crime and your relationship with the victim, you might alse be up against a restraining order.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges need high-quality defense lawyers. When you're picking a lawyer to defend you in Baldwin Park, CA, you want a firm with the below 3 qualities:
- Prior Success: You want to be represented by an attorney who knows the ins and outs of the California court system. Our team is know for our successful violent crime defense results.
- Expansive Legal Experience: Our team has over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have experience in how the state prosecutes these cases, and how to fight against them.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Baldwin Park, CA. We are familiar with local prosecutors and judges, and will use them to your advantage.
To maximize your chances of beating violent crimes charges, you need lawyers with all of the above attributes. And with the Law Offices of David S. Chesley, Inc., you'll get those qualities.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Baldwin Park, CA, clients, as it dramatically enhances sentences for repeat offenders. This law can be devastating for repeat offenders, who face a sentence of 25 years to life after a third serious or violent felony conviction. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
You need a law office with extensive resources to fight against Three Strikes cases. And the Law Offices of David S. Chesley has those resources. Key strike eligible offenses include armed robbery, assault with a deadly weapon, and kidnapping. On your second strike, sentences are doubled, and on your third, you can be facing a life sentence.
Baldwin Park, CA, Three Strikes Law Defense Strategies:
- File Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Motion for Resentencing: After Proposition 36 was passed in 2012, thousands of people have been resentenced. Our legal team will petition for a reduction in sentences when your third strike was non-violent.
- Avoiding New Strikes: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. Showing lack of intent is key in thse cases.
- Constitutional Challenges: If the sentence is wildly out of proportion for the alleged crime, we can argue that it is cruel and unusual. This would make it unconstitutional for the court to give such a sentence to you. We can also look into prior cases to see if there were any procedural errors that should have resulted in an acquittal.
- Impact on Parole and Life After Conviction: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
A Baldwin Park, CA, client with two priors faced a third strike for assault on a peace officer. By proving self-defense and procedural errors (improper Miranda), we got the charge reduced, avoiding life. The District Attorney often pushes hard, but jury trials reveal biases in victim testimony. With over 20 years defending Three Strikes, I've secured dismissals in 70% of cases by exploiting weaknesses.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Baldwin Park, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Staunch Defenses Against Violent Crime Charges – Call Us Right Away
Don't try to face violent crimes accusations alone. The legal system is complicated. The Baldwin Park, CA, district attorney is formidable. And the penalties are oppressive. If you're lacking an expert violent crimes lawyer to defend you, your innocence and constitutional rights are at risk.
At the Law Offices of David S. Chesley, Inc., we don't take a passive approach to your defense. We don't accept a poor plea deal, just because it was the first one offered. We fight. We start every case by listening to our client, and protect your rights from day one until the case is over.
Contact us now to begin putting together your defense. Call (800) 755-5174 or let us know how we can help you on our online contact form to speak with amember of our legal team about how to protect your rights.
We also offer the following legal services in Baldwin Park, CA:
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