Violent Crimes Lawyer Linda Vista, CA. Fighting violent crimes charges is critical to your future. They risk wrecking 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 with the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these devestating 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 Linda Vista, CA, violent crimes defense lawyers will listen to you about your case, be honest with our recommendations, and develop defensive tactics that can be used for your circumstances. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to build your defense, contact us at (800) 755-5174 or reach out online today 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 Linda Vista, 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. It all starts with the following steps:
- Learn About Your Story – When we build a defense, it all starts with you. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll look into the charges and Linda Vista, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Put Together a Defense Strategy – Our lawyers will recommend a defensive strategy such as self-defense, mistaken identity, or procedural error.
- Negotiatiate 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
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 Linda Vista, CA, it can be intimidating, but don't panic: The prosecution must prove elements 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. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
If you're curious about violent crime distinctions, the difference between assault and battery in California is critical: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), while battery (Penal Code 242) involves actually causing harm. Both can be misdemeanors or felonies; it's up to the prosecution to decide what to charge. 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 Linda Vista, CA, Violent Crime Accusations 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 the person of another." Most people aren't aware 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 are usually a misdemeanor, however 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: Assault 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 similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of simply being attempted. You'll find that in many cases, if you're accused of battery in Linda Vista, CA, you'll also be accused of assault. On the flip side, 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 Linda Vista, CA. This can include reckless driving, child endangerment, and similar charges. Due to the difference in specific laws, it's important to work with a violent crimes lawyer who knows how to defend each of the charges.
Our attorneys also can defend you against the below violent crimes charges in Linda Vista, 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: As opposed to the above allegations, human trafficking is done for particular, extra bad purposes 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 a specific, grevious category of attack done for reasons such as revenge or extortion.
- Mayhem: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- 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 charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Linda Vista, CA. California firearm offenses cover a large swath of statutes, sometimes even just being the result of unlawful possession.
Often, these 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 all Linda Vista, 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.
On the other hand, discharging a firearm will frequently get you harsher sentences. Particularly in cases such as a drive-by shooting or shooting at an inhabited dwelling, it's unlikely that you'd get off with a small fee or community service.
An experienced Linda Vista, 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 isn't just battery on your spouse; it includes injuries of all kinds, threats of abuse, and even just causing a situation where someone is afraid they'll be hurt. 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, meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges can be filed together, intensifying their seriousness.
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, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Linda Vista, CA, prosecutor alleges that you committed an action that broke the law. However, you could also need to fight elevated charges and/or sentencing enhancement if certain circumstances apply.
One way we frequently see penalties increased is through 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 another person to break the law, and either one of you takes action towards committing that crime.
Another common sentence enhancement is when an alleged action is charged as 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 Linda Vista, CA is likely to apply a hate crime label if they believe that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Additionally, our Linda Vista, CA, violent crimes attorneys can help guard you from 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, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. When convicted and given a third strike, the penalty could be 25-years-to-life in prison, with further limitations on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Linda Vista, 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 carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a similar category 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 Linda Vista, CA, local prosecutor. But for more serious cases, 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 proud 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
A robbery defense attorney is essential if you're facing charges like carjacking (PC 215). Carjacking goes beyond grand theft: While grand theft auto involves the taking of a vehicle without its owner's permission, it doesn't necessarily include any interaction with the owners themselves. Carjacking, on the other hand, does involve a forceful interaction with the owner. Because of this, it carries a harsher penalty because of its violent nature, up to 9 years in prison.
Without a leading violent robbery defense lawyer, you could be facing serious felony charges without a path out. At the Law Offices of David S. Chesley, we will fight to get your charges reduced and case dismissed. If you're on parole or have any convictions on your record, you could face harsher penalties. 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
Violent crimes charges need high-quality defense lawyers. When you're deciding on an attorney to protect you in Linda Vista, CA, 'good enough' isn't good enough. You want a legal team 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 case results.
- Varied Legal Experience: We have over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have experience in how the state builds its case against you, and how to poke holes in it.
- Relationships in Your Area's Court: We handle court cases all over California, including in Linda Vista, CA. We are familiar 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 Linda Vista, CA
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Linda Vista, CA, into something much more serious. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. 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.
At the Law Offices of David S. Chesley, we know what it takes to defend Three Strikes cases. 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.
Linda Vista, CA, Three Strikes Law Defense Strategies:
- Challenging Prior Strikes: Romero motions can be used to request a judge to remove an existing strike on your record. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Motion for Resentencing: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. This has the potential to reduce charges from a life sentence down to time served, if the third strike was non-violent.
- 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. 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. 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.
If you're facing Three Strikes charges in Linda Vista, 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 Linda Vista, 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 Protection Against Violent Crime Charges – Call Our Attorneys Now
Violent crimes charges are tough to fight on your own. The legal system is complex. The Linda Vista, CA, prosecutor is powerful. And the punishments are grim. Without an expert violent crimes lawyer to defend you, 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 settle for a bad plea deal, just because it was easier to get. We fight. We start every case by listening to our client, and protect your rights from when we first speak until the case is done.
Contact us now to start building your defense. Connect with 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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