Violent Crimes Lawyer Carson, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk destroying your reputation, setting back your career, and perhaps worst of all, a long time in jail or prison. But accusations are not the same as convictions. And when you hire the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these legal and personal consequences. We will fight to protect you from violent crime accusations in each of the below categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our experienced Carson, CA, violent crimes defense lawyers will listen to you about your case, give you upfront, straightforward answers, and find defensive tactics 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 tell us about your case online now for a free, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Carson, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we design our defensive strategy around the specifics of your situation. This is how we do it:
- Listen to Your Story – When we build a defense, it all starts with you. We want to hear from you what really happened and why.
- Research the Law and Your Case – We'll investigate the charges and Carson, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Build a Defense Strategy – Our lawyers will recommend a defensive strategy such as self-defense, lack of intent, or procedural error.
- Plea Bargain 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 – Should your case go to 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 Carson, CA, the state must prove components like intent and harm beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. Many violent crime charges in California are 'wobblers,' meaning that they can be charged as either a misdemeanor or a felony. Misdemeanors have lighter sentences, while felonies can land you in prison for years. 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) involves an attempt or threat to harm, meanwhile battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Each of these can be misdemeanors or felonies, with the state making that decision based on the circumstances. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. First-time offenders facing misdemeanor charges are more likely to avoid prison, but aggravating factors like a weapon could mean jail time. At the Law Offices of David S. Chesley, we will fight for your freedom and protect your rights, mounting a tenacious defense against all charges.
Major Carson, CA, Violent Crime Accusations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
When you ask someone to name an example of a violent crime, there's a good chance they'll mention assault. In fact, the literal definition describes it as attempting "a violent injury on the person of another." Many people don't know that to be charged with assault, there only has to be an attempt at causing harm, not necessarily actually cause harm.
Simple assault charges are usually a misdemeanor, however there are several more serious variations of them. Aggravated assault charge types in particular are very similar to assault: they normally requires that the alleged offender was trying to cause 'serious' harm rather than general harm. Another similar one is assault with a deadly weapon: Assault using a non-firearm weapon. 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, instead of simply being attempted. After a fight, Carson, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the other hand, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. Regardless of whether you wanted to (or even could) follow through on the threats, you can be found guilty.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and similar charges. Due to the difference in each of the statutes, it's critical to hire a violent crimes lawyer who can protect you from any of the possible charges.
Here are some other related violent crimes charges our attorneys defend in Carson, CA,:
- False Imprisonment: This is defined as an incident when one person wrongfully restrains or confines another, and while it might seem like a stretch, it could be as little as grabbing someone's arm (if they are attempting to leave).
- Kidnapping: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for particular, extra heinous purposes 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 – you're also likely to see hate crime charges 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
While most people do still have the right to own a firearm in Carson, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, and you can get in trouble for something as simple as unlawful possession.
Most commonly, these charges are related to a felon in possession of a firearm, but you could also face them for carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Carson, CA, firearm charges are serious, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. This is often prosecuted as a misdemeanor instead of a felony.
On the other hand, discharging a firearm will frequently get you harsher sentences. Especially in allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An experienced Carson, CA, violent crimes defense attorney will fight no just to keep you out of prison, but also to prevent further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
Violent crime charges are bad enough on their own. Domestic accusations, though, are especially hard to fight. Domestic violence isn't just battery on your spouse; it includes injuries of all kinds, threats of harm, and even just making someone think that they could be injured. The other qualifying factor for 'domestic' violence is who the alleged victim is: for it to qualify, they must be someone with a close relationship to the alleged offender, such as a child, spouse, or cohabitant.
If the alleged victim was a child, that can also affect which charges are filed. Child abuse charges are saved for when someone alleged hurt a child on purpose, while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, intensifying their gravity.
Our household violent crimes defense lawyers aren't limited to just conflicts between family members who live together. 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
Some violent crime accusations are just that – the Carson, CA, prosecutor alleges that you committed an action that broke the law. However, you might also need to fight increased charges and/or sentencing enhancement for special circumstances.
One way we frequently see penalties increased is through gang enhancements. If a crime was committed in the furtherance of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You could be found guilty of conspiracy if you make a plan with someone else to commit a crime, and either one of you does something that furthers the commission of the crime.
You could also see increased penalties if you're being charged with a hate crime. Sometimes, a hate crime accusation is its own charge. However, they are frequently used as enhancements to other charges. The district attorney in Carson, CA is likely to apply a hate crime label if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Furthermore, our Carson, 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, if you are convicted of a new felony, the sentence will be doubled, and you will have a harder time securing early release. If a conviction would be your third strike, the penalty could be 25-years-to-life in prison, with further restrictions on parole.
Procedural and Governance Charges Defense Lawyers
Carson, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer carries harsher penalties than simple assault, 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 these ones can penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
For the majority of violent crime charges, you'll be up against the local Carson, CA prosecution. On some occasions, when the accusations are especially severe, a federal prosecutor will take charge. Federal court can be a whole different arena, and you need a law firm with the strength to fight for your rights against the United States government. The Law Offices of David S. Chesley, Inc., is prepared to represent you against 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
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're facing charges like robbery or home invasion. These can carry penalties up to 9 years or 20 years, respectively. The use of a weapon is often an enhancing factor for sentencing..
In one case, a client faced armed robbery charges after a misunderstanding during a transaction. By exposing false accusations and procedural errors, we secured a misdemeanor plea with no jail time. If you're on parole or have any convictions on your record, these can trigger enhancements. Particularly for violent robberys, you're more likely to be given a restraining order against he alleged victim.
Top 3 Violent Crimes Defense Lawyer Qualities
You don't want to go into a violent crimes case without the right lawyer. When you're deciding on a lawyer to fight your case in Carson, CA, 'good enough' isn't good enough. You want someone 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 has a history of successful violent crime defense results.
- Diverse Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We know the ways the state builds its case against you, and how to poke holes in it.
- Local Relationships: We're ready for your case in Carson, CA. We have relationships with local prosecutors and judges, and will leverage our relationships in your negotiations.
With a legal team with these qualifications defending you from violent crimes allegations, you'll get the best chance of a positive outcome. And with the Law Offices of David S. Chesley, Inc., you'll get someone with all those characteristics.
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 Carson, CA, clients, as it dramatically enhances sentences for repeat offenders. The three strikes law assigns a "strike" to each alleged offender for serious or violent felony convictions. After the third, it requires the judge to sentence the alleged offender anywhere from 25 years to life. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.
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.
Defense Strategies Under Three Strikes:
- Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Motion for Resentencing: Post-Prop 36, over 2,000 have been resentenced. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- Avoiding New Strikes: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. 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: Stirkes not only add onto your sentence: they also delay parole eligibility. We advocate for early release or expungement where possible.
A Carson, 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Carson, 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 Our Lawyers Today
You need help when you're fighting against violent crimes allegations. The laws are complicated. The Carson, CA, prosecutor is intimidating. And the sentences are oppressive. If you don't have an expert violent crimes lawyer at your side, your freedom 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 settle for a bad plea deal, just because it was the first one offered. We confront the charges. We start every case by listening to our client, and protect your rights from when we first speak until the case is over.
Contact us now to begin building your defense. Call us at (800) 755-5174 or tell us about your case via our online contact form to speak with a lawyer about how to defend you.
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