Violent Crimes Lawyer El Monte, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk damaging your reputation, hurting your career, and perhaps worst yet, a long time in jail or prison. But accusations are not the same as convictions. And when you work with the Law Offices of David S. Chesley, Inc., you get a shield that will guard you from these devestating consequences. We will tenatiously defend you against violent crimes accusations from any of categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our expert El Monte, CA, violent crimes defense lawyers will investigate your case, give you upfront, straightforward answers, and find defensive strategies that should be effective for your charges. We know that every case is unique and treat every client with respect. If you need to build your defense, speak with one of our representatives (800) 755-5174 or reach out online now for a no-obligation, confidential consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of El Monte, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we build a defense that's suited to your specific case. This is how we do it:
- Learn About 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 Law and Your Case – We'll research the charges and El Monte, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Build a Defense Strategy – Our team will recommend a defensive strategy such as self-defense, lack of intent, or false allegations.
- Negotiatiate With the State – Any time we communicate with the El Monte 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 make sure that the judge and/or jury see your side of the story, and you're properly represented against the accusations.
Understanding Violent Crimes in California: Felony vs. Misdemeanor Charges
Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. The El Monte, CA, prosecution, often led by the District Attorney, needs to prove factors like your culpability beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
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. Each of these can be misdemeanors or felonies; it's up to the prosecution to decide what to charge. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. A first-time misdemeanor assault might lead to probation, 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 El Monte, 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 someone else." Most people aren't aware that to be guilty of assault, there only has to be an attempt at causing harm, even if you don't actually cause harm.
Simple assault charges are usually a misdemeanor, however the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault is just that: assault with intent to cause serious bodily injury. Closely related 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
You might be asking yourself now, "What's the difference between assault and battery?" Battery is a step past assault, and allegations include actual harm being caused, rather than simply being attempted. After a fight, El Monte, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the other hand, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. 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. Because of the variation in specific statutes, you need to have a violent crimes lawyer who can protect you from any of the possible charges.
Our attorneys also can defend you against the below violent crimes charges in El Monte, CA,:
- False Imprisonment: This occurs when one person confines another to a space against their will, and could be as simple as you allegedly blocking a doorway.
- Kidnapping: Kidnapping is different from false imprisonment because it involves forcibly moving a person from one location to another.
- Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra bad purposes like forced labor or sex.
- Stalking: California defines stalking as repeatedly following or harassing another person, and making a related credible threat.
- Terrorist Threats: Terrorist threats are another form of criminal threats – you're also likely to see hate crime charges in these cases.
- Torture: Torture is a specific, grevious category of attack done for reasons such as revenge or extortion.
- Mayhem: What was once a battery charge can be elevated to mayhem if certain circumstances apply, such as the severing of someone's limb.
- 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 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 El Monte, CA, it comes with many constraints. California firearm offenses vary widely in nature and scope, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Commonly, unlawful possession charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any El Monte, CA, firearm charges are important to take seriously, one thing that can make a big difference is how you supposedly used the gun. 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 for allegations such as a drive-by shooting or shooting at an inhabited dwelling, you can be looking at years in prison and/or thousands of dollars in fines.
A high-quality El Monte, 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
The stakes are high for all kinds of violent crime allegations. But if family is involved, they get even scarier. 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. Domestic violence charges are about more than just the alleged harm or danger, though — they're about who it supposedly was committed against. To qualify, the alleged victim must have held some kind of close relationship with the alleged offender, for example, romantic partners or parents who share a child.
Domestic violence charges aren't the only ones that are defined by the alleged victim. 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, increasing their gravity.
Our household violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We also defend against animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the El Monte, CA, prosecutor alleges that you committed an action that broke the law. However, you might also face increased charges and/or sentencing enhancement if certain circumstances apply.
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, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are closely related. You could be convicted of conspiracy if you collaborate with another person to commit a crime, and either one of you does something that furthers the commission of the crime.
Another way you can see your sentence raised is if you're accused of a hate crime. While hate crimes can be standalone offenses, it's common for them to be used as enhancements to other charges. The prosecutor in El Monte, CA is likely to apply a hate crime label if the alleged offender committed the crime as an attack against a specific protected group.
Finally, our El Monte, CA, violent crimes attorneys can help protect you from 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 to wait significantly longer before earning eligibility for parole. If a conviction would be your third strike, you are facing 25-years-to-life in prison, with additional limitations on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in El Monte, CA, you can expect to face extra harsh violent crime charges. 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 closely related 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 El Monte, CA prosecution. Sometimes, though, a federal prosecutor may take over. When you're up against the federal government, you need a powerful legal team on your side. The Law Offices of David S. Chesley, Inc., is equipped 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
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer if you're up against 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 prior convictions, you could face harsher penalties. Restraining orders may follow if violence is alleged, impacting your life long-term.
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 picking a lawyer to defend your rights in El Monte, CA, 'good enough' isn't good enough. You want a firm with the below 3 qualities:
- A History of Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team is know for our successful violent crime defense results.
- Diverse Legal Experience: We have over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have experience in 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 El Monte, CA. We are familiar with local prosecutors and judges, and will use them to your advantage.
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 properties.
Three Strikes Law Defense in El Monte, CA
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in El Monte, CA. 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.
El Monte, 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. 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. Lack of intent defenses prevent strike enhancements.
- 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 Your Future: On top of increasing your sentence, strikes delay parole eligibility. We advocate for early release or expungement where possible.
If you're facing Three Strikes charges in El Monte, CA, you need to act fast to protect your freedom. The third strike can carry a life sentence. You need a lawyer with the resources to protect your future. And the Law Offices of David S. Chesley has those resources. We have a team of leading California attorneys ready to stand by you, from day one until the case is done.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in El Monte, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. If you're facing a third strike in California, it's easy to feel despair. But your case isn't over yet – call the Law Offices of David S. Chesley today to fight for your freedom.
Tenatious Defenses Against Violent Crime Charges – Call Our Lawyers Today
Don't try to face violent crimes accusations alone. The legal system is convoluted. The El Monte, CA, prosecutor is frightening. And the sentences are oppressive. Without an expert violent crimes lawyer at your side, your liberty and constitutional rights are at risk.
At the Law Offices of David S. Chesley, Inc., we don't stand idly by and let the state build its case. We don't settle for a bad plea deal, just because it was easier to get. We confront the charges. We listen to your story, craft a resolute defense, and defend your freedom from when we first speak until the case is over.
Reach out to us now to start building your defense. Connect with us at (800) 755-5174 or fill out 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 El Monte, CA:
Payment Plans
