Violent Crimes Lawyer Hesperia, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk wrecking your reputation, hurting your career, and perhaps worst of all, a long time in jail or prison. But you have a chance at a more positive outcome. And when you call the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these 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 experienced Hesperia, CA, violent crimes defense lawyers will listen to you about your case, tell you the truth about your situation, and come up with defensive tactics that should be effective for your circumstances. 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 fill out our contact form now for a no-obligation, confidential consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Hesperia, CA, criminal defense lawyers know that every violent crime case is unique, and we build a defense that's suited to your specific case. Here's how we'll do that for your case:
- Listen to 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 Law and Your Case – We'll research the specifics of the charges and Hesperia, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Build a Defense Strategy – Our team will recommend a defensive strategy such as self-defense, lack of intent, or false allegations.
- Plea Bargain With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- 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
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. If you're facing accusations of one of these crimes in Hesperia, CA, it can be intimidating, but don't panic: The prosecution needs to prove elements like intent and harm beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. 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. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
As an example of the variety of case types, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), 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 particularly aggressive circumstances could wind up with felony charges. 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 Hesperia, CA, Violent Crime Categories 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. What's interesting about it is that no harm has to actually be done. To be guilty of assault, one has to attempt "a violent injury on somebody." Most people are unaware 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 types of charges stem from attempts to cause serious harm, rather than just harm in general. Another similar one is assault with a deadly weapon: Attempts to harm while using a non-firearm weapon. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
You might be asking yourself now, "What's the difference between assault and battery?" Battery occurs when harm is actually done, instead of just being attempted. In Hesperia, CA, it's common to be charged with both at the same time after an altercation. On the other hand, criminal threats charges don't even require an attempt at violence, just an attempt to 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 Hesperia, CA. This can include reckless driving, child endangerment, and similar charges. Because of the difference in each of the statutes, you need to work with a violent crimes lawyer who knows how to defend each of the charges.
Our violent crimes defense lawyers can also help you with the following charges in Hesperia, 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: Kidnapping consists of taking a person from one location to another against their will.
- Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra grim reasons like 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 – watch out for linked hate crime accusations in these cases.
- Torture: Torture is used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- 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: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in Hesperia, 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.
In many cases, unlawful possession charges are related to a felon in possession of a firearm, but you could also face them for possessing a concealed firearm without a permit or a felon possessing ammunition.
While all Hesperia, CA, gun charges are major, the way the firearm was (and wasn't) allegedly used can make a big difference. 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.
Meanwhile, discharging a firearm will almost always be a more serious charge. Especially in incidents 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.
An expert Hesperia, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence has a wider definition than 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 charges are saved for when someone alleged hurt a child on purpose, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, amplifying their gravity.
Our expert 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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Hesperia, CA, there's a good chance that they're one of the ones above. However, you could also be up against increased charges and/or sentencing enhancement if your case meets certain criteria.
In many cases, the punishments can be heightened via gang enhancements. If a crime was committed in the furtherance of gang activities, the sentence you face can be increased by several years. 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 somebody 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. While hate crimes can be standalone offenses, they are frequently used as enhancements to other crimes. The prosecution in Hesperia, CA may charge another crime as a hate crime if they believe that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Additionally, our Hesperia, CA, violent crimes attorneys can help guard you from California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. 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 contstraints on parole.
Procedural and Governance Charges Defense Lawyers
Hesperia, 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 closely related category of charges, though this aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.
For the majority of violent crime charges, you'll be up against the local Hesperia, CA prosecution. On some occasions, when the accusations are especially severe, 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 equipped 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
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential 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.
Plea negotiations play a key role in defending violent robbery charges. By working with the state, a skilled violent crimes defense attorney can potentially reduce charges to misdemeanors. If you're on parole or have prior convictions, these can trigger enhancements. 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
You don't want to go into a violent crimes case without the right lawyer. When you're picking a lawyer to protect you in Hesperia, CA, it's important to hire someone with the below 3 qualities:
- Prior Success: You want a lawyer who knows how to fight your specific charge. Our team has a history of successful violent crime case results.
- Diverse Legal Experience: We have over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Local Relationships: We're ready for your case in Hesperia, CA. We are familiar with local prosecutors and judges, and will use them to your advantage.
When fighting your violent crimes case, you don't want to gamble on an attorney who's unprepared or doesn't meet these criteria. 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 Hesperia
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Hesperia, 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.
At the Law Offices of David S. Chesley, we know what it takes to defend 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.
Defense Strategies Under Three Strikes:
- File Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Resentencing Petitions: 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: Even better than having prior strikes removed, we'll fight to prevent you getting one in the first place. This often comes from skillful plea negotiation. 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. Part of this can also involve fighting against prior convictions, and showing that they were unconstitutional or incorrect.
- 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.
Three strikes charges are not something to take lightly. If you're facing a third strike in Hesperia, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Hesperia, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. We're ready for your case. Call now to start building your defense.
Staunch Defenses Against Violent Crime Charges – Call Our Lawyers Today
Violent crimes charges are tough to fight on your own. The laws are convoluted. The Hesperia, CA, prosecutor is frightening. And the sentences are heavy. Without an expert violent crimes lawyer to defend you, your innocence and constitutional rights are in danger.
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 battle the state. We start every case by listening to our client, and protect your rights from day one until the case is done.
Contact 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 Hesperia, CA:
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