Violent Crimes Lawyer Laguna Niguel, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk harming your reputation, devastating your career, and possibly worst yet, a lengthy prison sentence. But all hope is not lost. And when you hire the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect 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 skillful Laguna Niguel, CA, violent crimes defense lawyers will examine your case, give you upfront, straightforward answers, and find defense tactics that should be effective for your charges. We know that every case is unique and treat every client with respect. If you need to construct your defense, speak with one of our representatives (800) 755-5174 or send us a note online now for a free, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Laguna Niguel, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we give each of our clients' cases a tailored defense. This is how we do it:
- Learn About Your Story – Every case starts with our client. 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 Laguna Niguel, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Build a Defense Strategy – We'll recommend a defensive strategy such as defense, consent, or false allegations.
- Negotiatiate With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- Fight At Trial – If there is a 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 Laguna Niguel, CA, the state must prove elements 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. 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.
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), while battery (Penal Code 242) requires actual physical contact. 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 repeat offenders or felony charges are more likely to face harsh penalties. 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 Laguna Niguel, CA, Violent Crime Allegations 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 somebody." A lot of people don't know that to be charged with assault, one only has to attempt to cause harm, even if you don't actually cause harm.
While simple assault charges are harsh in and of themselves, 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: Assault 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 is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of simply being attempted. In Laguna Niguel, CA, it's common to be charged with both at the same time after an altercation. On the flip side, 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.
We also commonly defend reckless endangerment charges in Laguna Niguel, CA. This can include reckless driving, child endangerment, and similar charges. Because of the variation in each of the laws, it's paramount to find a violent crimes lawyer who can protect you from any of the possible charges.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Laguna Niguel, CA,:
- False Imprisonment: This is defined as an incident when one person wrongfully restrains or confines another, 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 heinous reasons such as forced labor or sex.
- Stalking: California defines stalking as repeatedly following or harassing another person, and making a related credible threat.
- Terrorist Threats: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – you can expect there to be links to hate crimes in these cases.
- Torture: Torture is a specific, grevious category of attack done for reasons such as revenge or extortion.
- Mayhem: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- Arson: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- Rioting: Rioting charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.
Firearm Mishandling Defense Lawyers
Due to state law, you're not able to just do whatever you please with a gun in Laguna Niguel, CA. 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.
Frequently, these charges are related to a felon in possession of a firearm, but it could also be related to having a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Laguna Niguel, 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. Most of the time this is charged as a misdemeanor.
Meanwhile, discharging a firearm will almost always be a more serious charge. Especially for cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An experienced Laguna Niguel, 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 goes beyond battery on your spouse; it includes injuries of all kinds, threats of harm, 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.
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 can be filed together, raising their seriousness.
Our experienced 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
The majority of Laguna Niguel, CA, violent crime cases are rooted in some alleged act of violence. That said, you could also face elevated charges and/or sentencing enhancement if your case meets certain criteria.
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 closely related. You can be found guilty of conspiracy if you make a plan with another person to break the law, and either one of you takes action towards committing that 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 often used as enhancements to other charges. The prosecutor in Laguna Niguel, CA may charge another crime as a hate crime if the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Finally, our Laguna Niguel, CA, violent crimes attorneys can help guard 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 to wait significantly longer before earning eligibility for parole. With two prior strikes, the sentence could be increased to 25-years-to-life in prison, with additional restraints on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Laguna Niguel, CA, the allegations can be even more severe. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest can range from physical attacks to simply being uncooperative. 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 Laguna Niguel, CA, local prosecutor. On some occasions, when the accusations are especially severe, a federal prosecutor may take over. 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 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 if you're up against 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..
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 harsher penalties. 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 picking an attorney to protect you in Laguna Niguel, CA, it's important to hire a legal team with the below 3 qualities:
- A History of Success: You want a lawyer who knows how to fight your specific charge. Our team is know for our successful violent crime case results.
- Diverse Legal Experience: Our team has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have experience in the ways the state prosecutes these cases, and how to fight against them.
- Local Relationships: We handle court cases all over California, including in Laguna Niguel, CA. We have relationships with local prosecutors and judges, and will leverage our relationships in your negotiations.
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.
Three Strikes Law Defense in Laguna Niguel, CA
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Laguna Niguel, 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. Because of this, it's even more critical for you to work with an expert violent crimes defense lawyer if you have any prior convictions on your record.
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 Against Three Strikes Charges in Laguna Niguel, CA:
- Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- 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: We argue cruel and unusual punishment, especially for disproportionate sentences. Part of this can also involve fighting against prior convictions, and showing that they were unconstitutional or incorrect.
- Impact on Parole and Life After Conviction: 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 Laguna Niguel, 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.
There is much debate in Laguna Niguel, CA over whether California's Three Strikes law is just or not. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. Don't give up; these cases are winnable. Contact our team today if you need help.
Staunch Protection Against Violent Crime Charges – Call Us Now
Violent crimes charges are tough to fight on your own. The laws are complicated. The Laguna Niguel, CA, prosecutor is formidable. And the sentences are steep. If you're lacking an expert violent crimes lawyer to defend you, 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 accept a poor plea deal, just because it was the first one offered. We confront the charges. We listen to your story, craft a resolute defense, and fight for your rights from the day you call until the case is concluded.
Reach out to us now to begin putting together 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 protect your rights.
We also offer the following legal services in Laguna Niguel, CA:
Payment Plans
