Violent Crimes Lawyer Pomona, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk wrecking your reputation, ruining your career, and possibly worst of all, a lengthy prison sentence. 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 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 expert Pomona, CA, violent crimes defense lawyers will examine your case, be honest with our recommendations, and look for defense strategies that will be effective for your situation. You deserve a defense tailored to you, and we can provide that. If you're ready to construct your defense, speak with one of our representatives (800) 755-5174 or send us a note online now for a free, private consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Accusations
Our team of Pomona, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we design our defensive strategy around the specifics of your situation. Here's how we'll do that for your case:
- Learn Your Story – Every case starts with our client. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll research the charges and Pomona, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Put Together a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense, lack of intent, or false allegations.
- Plea Bargain With the State – Any time we communicate with the Pomona prosecution about your case, we will stand strong to find a deal that works for you.
- Fight At Trial – Should your case go to 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. Before you can be conficted in Pomona, CA, the state must prove elements like your culpability beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. 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.
If you're curious about violent crime distinctions, 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, depending on severity. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. First-time offenders facing misdemeanor charges are more likely to avoid prison, but aggravating factors like a weapon could mean jail time. 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 Pomona, CA, Violent Crime Charges 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 the person of another." A lot of people don't realize that to be guilty of assault, there only has to be an attempt at causing harm, not necessarily 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: Committing assault while using a weapon other than a gun. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
Now that we've covered assault, let's discuss 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. After a fight, Pomona, CA prosecutors are often prone to issue both assault and battery charges to defendants. 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.
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 difference in specific statutes, it's important to work with 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 Pomona, 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 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 such as forced labor or sex.
- Stalking: To be guilty of stalking in California, you have to both follow a person without their consent, and make a believable threat.
- Terrorist Threats: Terrorist threats are another form of criminal threats – 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: 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
Due to state law, you're not able to just do whatever you please with a gun in Pomona, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
In many cases, possession charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm without a permit or a felon possessing ammunition.
While any Pomona, 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 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 frequently get you harsher sentences. Particularly for incidents 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 excellent Pomona, 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. 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 intentional or unintentional harm, threats of abuse, and even just making someone think that they could be injured. 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 is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, raising their gravity.
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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Pomona, CA, prosecutor alleges that you committed an action that broke the law. However, you could also face increased charges and/or sentencing enhancement for special circumstances.
One of the most common examples is gang enhancements. If a different crime was committed as a part of gang activities, 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 can be found guilty of conspiracy if you collaborate with another person to commit a crime, 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 district attorney in Pomona, CA is likely to apply a hate crime label if they believe that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Additionally, our Pomona, CA, violent crimes attorneys can help defend you against 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. With two prior strikes, the sentence could be increased to 25-years-to-life in prison, with additional limitations on early release.
Procedural and Governance Charges Defense Lawyers
Pomona, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a similar category of charges, though this can penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
In most cases, if you're accused of a violent crime in Pomona, CA, you'll be in municipal court against a local prosecuting attorney. Sometimes, though, a federal prosecutor may fight against you. 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 equipped to defend you against federal crimes in addition to 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 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.
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 any convictions on your record, these can trigger enhancements. Restraining orders may follow if violence is alleged, impacting your life long-term.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges need high-quality defense lawyers. When you're picking a lawyer to protect you in Pomona, CA, 'good enough' isn't good enough. You want 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 has a history of successful violent crime defense results.
- Expansive Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We know how the state prosecutes these cases, and how to fight against them.
- Local Relationships: We're ready for your case in Pomona, CA. We have relationships with local prosecutors and judges, and will lean on them to secure a favorable outcome.
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 those qualities.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Pomona, 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.
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 Against Three Strikes Charges in Pomona, CA:
- File 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: Post-Prop 36, over 2,000 have been resentenced. 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: 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: 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 Pomona, 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 Pomona, CA over whether California's Three Strikes law is just or not. Reforms continue, but without aggressive defense, clients face lifelong consequences. 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 Legal Team Right Away
Don't try to face violent crimes accusations alone. The laws are convoluted. The Pomona, CA, district attorney is intimidating. And the consequences are oppressive. If you don't have 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 take a passive approach to your defense. We don't settle for a bad plea deal, just because it was faster. We fight. We start every case by listening to our client, and protect your freedom from the day you call until the case is done.
Reach out to us now to start putting together your defense. Call (800) 755-5174 or fill out our online contact form to speak with a lawyer about how to fight these charges.
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