Violent Crimes Lawyer Rialto, CA. Fighting violent crimes charges is critical to your future. They risk wrecking your reputation, devastating your career, and worst of all, a lengthy prison sentence. But you have a chance at a more positive outcome. And when you work with the Law Offices of David S. Chesley, Inc., you have someone protecting you from these 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 experienced Rialto, CA, violent crimes defense lawyers will investigate your case, be honest with our recommendations, and find defensive tactics that can be used for your circumstances. You deserve a defense tailored to you, and we can provide that. If you need to build your defense, call us at (800) 755-5174 or contact us online now for a no-obligation, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Rialto, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. This is how we do it:
- Learn About Your Story – When we build a defense, it all starts with you. You can be honest with us about everything, and we'll start with your perspective.
- Research the Statutes and Your Case – We'll research the charges and Rialto, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as defense of others, 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 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. If you're facing accusations of one of these crimes in Rialto, CA, it can be intimidating, but don't panic: The prosecution must prove components like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. 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) occurs when one person threatens or attempts to hurt another, meanwhile battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. 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. Probation is more likely if you don't have any prior convictions on your record, but repeat offenders or felony charges are more likely to face harsh penalties. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
Major Rialto, 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. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on the person of another." Many people don't realize that to be guilty of assault, one only has to attempt to cause harm, regardless of whether or not you actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but 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. Closely related is assault with a deadly weapon: Attempts to harm while using a non-firearm weapon. These variations are not actually given their own specific laws in California, but instead are lumped together under the broad umbrella of "assault laws."
As discussed above, assault only requires an attempt to cause harm. Battery is a step past assault, and allegations include actual harm being caused, instead of just being attempted. In Rialto, CA, it's common to be charged with both at the same time after an altercation. On the other hand, criminal threats charges can result even from a nonviolent altercation. All you have to do is 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 Rialto, CA. This can include reckless driving, child endangerment, and similar charges. Due to 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.
The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in Rialto, CA,:
- False Imprisonment: This occurs when an individual detaining another without just cause, 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: As opposed to the above allegations, human trafficking is done for specific, extra bad purposes like 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: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – watch out for linked hate crime accusations in these cases.
- Torture: Torture goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
- 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 charges allege that you intentionally lit something on fire that you weren't allowed to.
- 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 Rialto, CA, it comes with many constraints. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
Commonly, unlawful possession charges are related to a felon in possession of a firearm, but they could also be the result of having a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Rialto, CA, firearm charges are significant, a major differentiator is whether you allegedly used the weapon or not. Brandishing a weapon does not typically involve firing the gun, but instead using it to make a threat. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Particularly for allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An experienced Rialto, CA, violent crimes defense attorney will protect you from the legal consequences of these charges, including 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. Domestic accusations, though, are especially hard to fight. Domestic violence isn't just battery on your spouse; it includes injuries of all kinds, threats of harm, and even just placing someone in fear of harm. 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, while child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges are often filed together, intensifying 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 Rialto, CA, prosecutor alleges that you committed an action that broke the law. But you could also be up against heightened 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, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are another group-related charge. You can be convicted of conspiracy if you agree 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. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The prosecutor in Rialto, CA may charge another crime as a hate crime if the alleged offender committed the crime as an attack against a specific protected group.
Finally, our Rialto, CA, violent crimes attorneys can help protect you against 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 will have to wait significantly longer before earning eligibility for parole. If a conviction would be your third strike, the sentence could be increased to 25-years-to-life in prison, with additional contstraints on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Rialto, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer carries harsher penalties than simple assault, while resisting arrest covers actions ranging from stealing a police officers gun to just acting disobediently. 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.
These charges, as well as all the charges listed above, are most often handled by the Rialto, CA, local prosecutor. But for more serious cases, a federal prosecutor will take charge. 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 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
A robbery defense attorney is essential if you're facing 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.
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 any convictions on your record, you could face sentencing enhancements if convicted. Restraining orders may follow if violence is alleged, impacting your life long-term.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges require top-tier defense attorneys. When you're deciding on an attorney to protect you in Rialto, CA, you want a legal team with the below 3 qualities:
- Prior Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team has a history of successful violent crime defense results.
- Varied 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 prosecutes these cases, and how to fight against them.
- Local Relationships: Our team of attorneys cover cases across the state, including in Rialto, CA. We know local prosecutors and judges, and will lean on them to secure a favorable outcome.
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 Rialto
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Rialto, 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.
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. 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.
Rialto, CA, Three Strikes Law Defense Strategies:
- 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: 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: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. Showing lack of intent is key in thse cases.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. False accusations in priors can be exposed via new evidence.
- 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.
A Rialto, CA, client with two priors faced a third strike for assault on a peace officer. By proving self-defense and procedural errors (improper Miranda), we got the charge reduced, avoiding life. The District Attorney often pushes hard, but jury trials reveal biases in victim testimony. With over 20 years defending Three Strikes, I've secured dismissals in 70% of cases by exploiting weaknesses.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Rialto, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. Don't give up; these cases are winnable. Contact our team today if you need help.
Tenatious Defenses Against Violent Crime Charges – Call Us Right Away
You need help when you're fighting against violent crimes allegations. The court system is complex. The Rialto, CA, district attorney is strong. And the punishments are oppressive. If you're lacking an expert violent crimes lawyer to defend you, your innocence 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 the first one offered. 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 concluded.
Reach out to us now to start building your defense. Call us at (800) 755-5174 or fill out our online contact form to speak with a member of our team about how to fight these charges.
We also offer the following legal services in Rialto, CA:
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