Violent Crimes Lawyer Diamond Bar, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk harming your reputation, devastating your career, and worst of all, a lengthy prison sentence. But accusations are not the same as convictions. And when you hire the Law Offices of David S. Chesley, Inc., you have someone protecting you from these 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 expert Diamond Bar, CA, violent crimes defense lawyers will investigate your case, give you upfront, straightforward answers, and come up with defensive tactics that can be used for your circumstances. We know that every case is unique and treat every client with respect. If you're ready to build your defense, call us at (800) 755-5174 or fill out our contact form today for a free, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations
Our team of Diamond Bar, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we design our defensive strategy around the specifics of your situation. This is how we do it:
- Learn About Your Story – We believe that you should be at the center of your defense. You can be honest with us about everything, and we'll start with your perspective.
- Research the Statutes and Your Case – We'll research the specifics of the charges and Diamond Bar, 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.
- Negotiatiate With the State – Any time we communicate with the Diamond Bar prosecution about your case, we will stand strong to find a deal that works for you.
- 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. If you're facing accusations of one of these crimes in Diamond Bar, CA, it can be intimidating, but don't panic: The prosecution must prove elements 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). Several of these cases hinge on testimony as much as physical evidence — our attorneys will dissect alleged victim testimony in cross-examination and show your side of the story.
For instance, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, meanwhile battery (Penal Code 242) involves actually causing harm. Both 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 particularly aggressive circumstances could wind up with felony charges. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
Major Diamond Bar, CA, Violent Crime Allegations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
If you hear the phrase 'violent crimes,' assault is probably one of the first to come to mind. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on somebody." Most people don't know that to be guilty of assault, one only has to attempt to cause harm, even if you don't actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but the line can be fuzzy between simple assault and some of it's more serious versions. 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. Closely related is assault with a deadly weapon: Committing assault while using a non-firearm weapon. These variations aren't official charges, but rather subcategories for more serious assault charges
Now that we've covered assault, let's discuss battery. Battery occurs when harm is actually done, instead of simply being attempted. You'll find that in many cases, if you're accused of battery in Diamond Bar, CA, you'll also be accused of assault. Meanwhile, criminal threats charges can result even from a nonviolent altercation. All you have to do is intimidate someone. You can be found guilty even if you didn't have the ability to carry out the threats.
We also commonly defend reckless endangerment charges in Diamond Bar, CA. This can include reckless driving, child endangerment, and similar charges. As a result of the difference in individual statutes, it's important to hire a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Our violent crimes defense lawyers can also help you with the following charges in Diamond Bar, CA,:
- False Imprisonment: False imprisonment occcurs when one person confines another to a space against their will, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra grim reasons such as forced labor or sex.
- Stalking: California stalking law requires more than just following another person who doesn't like it – it also requires that the accused make a credible threat.
- Terrorist Threats: Terrorist threats aren't their own statute, but are an unofficial term for certain criminal threats charges – you can expect there to be links to hate crimes in these cases.
- Torture: Torture goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
- Mayhem: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- Arson: Arson involves the intentional and unlawful burning of property, as opposed to reckless burning, which is an unintentional version of the same things.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Diamond Bar, CA. California firearm offenses vary widely in nature and scope, 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 Diamond Bar, CA, gun charges are important to take seriously, a major differentiator is whether you allegedly used the weapon or not. Brandishing a weapon does not typically involve firing the gun, but instead using it to make a threat. Most of the time this is charged as a misdemeanor.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Especially in cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An expert Diamond Bar, CA, violent crimes defense attorney will protect you from the legal consequences of these charges, including further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
No matter what kind of violent crime charge you're facing, it's tough to see a way out. But if family is involved, they get even scarier. Domestic violence has a wider definition than battery on your spouse; it includes intentional or unintentional harm, threats of abuse, 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 involves the direct, intentional cause of harm to a child, while child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, raising their gravity.
Our household violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We also defend against animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Diamond Bar, CA, prosecutor alleges that you committed an action that broke the law. However, you might also be up against heightened charges and/or sentencing enhancement if your case meets certain criteria.
In many cases, the punishments can be heightened via 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, 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 convicted of conspiracy if you agree with another person to commit a crime, and either one of you does something overt to advance the plan.
Another way you can see your sentence raised is if you're accused of a hate crime. Sometimes, a hate crime accusation is its own charge. However, you can also see them used as enhancements to other charges. The prosecutor in Diamond Bar, CA may charge another crime as a hate crime if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Additionally, our Diamond Bar, CA, violent crimes attorneys can help defend you against California's three strikes law. This law allows the government to keep track of your criminal history and assign "strikes" to certain felony convictions. 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. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with further restraints on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Diamond Bar, CA, the allegations can be even more severe. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a similar set of charges, though these ones can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
These charges, as well as all the charges listed above, are most often handled by the Diamond Bar, CA, local prosecutor. On some occasions, when the accusations are especially severe, a federal prosecutor may take over. 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 ready to defend 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
Robbery and Related Offenses: 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.
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 priors, 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
Violent crimes charges require top-tier defense attorneys. When you're deciding on a lawyer to protect you in Diamond Bar, CA, 'good enough' isn't good enough. You want someone with the below 3 qualities:
- Prior Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team has a history of successful violent crime case results.
- Varied Legal Experience: Our team has over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have inside knowledge of the ways the state builds its case against you, and how to poke holes in it.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Diamond Bar, 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.
Defending Against California's Three Strikes Law in Diamond Bar
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Diamond Bar, CA. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.
As a violent crime defense attorney, I dedicate extensive resources to Three Strikes cases. Violent crimes like carjacking, assault, battery, and firearm offenses are all common sources of strikes. Repeat convictions lead to increased sentences, up to life in prison.
Diamond Bar, CA, Three Strikes Law Defense Strategies:
- Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Motion for Resentencing: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. 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: 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 Your Future: Strikes delay parole eligibility. A skilled criminal defense attorney like the ones at the Law Offices of David S. Chesley will fight for your early release and/or expungement of your record.
Three strikes charges are not something to take lightly. If you're facing a third strike in Diamond Bar, CA, you need to contact an attorney now. And we're prepared to help you. It doesn't matter how hard the prosecution fights, we will be with you every step of the way. Our experience and resources give us the tools we need to defend you.
Three Strikes disproportionately affects minorities and low-income areas like parts of Diamond Bar, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Tenatious Defenses Against Violent Crime Charges – Call Our Legal Team Today
Don't try to face violent crimes accusations alone. The statutes are convoluted. The Diamond Bar, CA, district attorney is strong. And the consequences are grim. If you're lacking an expert violent crimes lawyer at your side, your freedom and constitutional rights are in danger.
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 faster. We fight. We make a defense with you at the center, and protect your rights from when we first speak until the case is done.
Contact us now to begin putting together your defense. Call (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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