Violent Crimes Lawyer San Pedro, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk harming your reputation, devastating your career, and perhaps worst yet, a long time in jail or prison. But you can fight to protect yourself. And when you hire the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard you from these devestating 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 expert San Pedro, CA, violent crimes defense lawyers will listen to you about your case, give you honest advice, and find defense tactics that will be effective for your charges. You deserve a defense tailored to you, and we can provide that. If you're ready to build your defense, speak with one of our representatives (800) 755-5174 or tell us about your case online today for a no-obligation, confidential consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Allegations
Our team of San Pedro, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we build a defense that's suited to your specific case. It all starts with the following steps:
- Listen to 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 investigate the charges and San Pedro, 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 team will recommend a defensive strategy such as self-defense, consent, or procedural error.
- Plea Bargain With the State – For many cases, the easiest way to a positive outcome is through a plea deal. When we negotiate plea deals with the state, we don't give up and fight to get something favorable.
- Fight At Trial – If there is a trial, we'll stick with you from start to finish, fighting for a positive outcome.
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. If you're facing accusations of one of these crimes in San Pedro, CA, it can be intimidating, but don't panic: The prosecution must prove elements like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
For instance, let's look at the difference between assault charges and battery charges in California: 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. Each of these can be charged as 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. A first-time misdemeanor assault might lead to probation, but repeat offenders or felony charges are more likely to face harsh penalties. 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 San Pedro, 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. In fact, the literal definition describes it as attempting "a violent injury on somebody." A lot of people are unaware that to be guilty of assault, there only has to be an attempt at causing harm, regardless of whether or not you actually cause harm.
While simple assault charges are harsh in and of themselves, you could also potentially face a severe variation on the charges. 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: Attempts to harm while using a non-firearm weapon. These variations don't actually have statutes of their own, and instead are nicknames used to describe specific assault cases
As discussed above, assault only requires an attempt to cause harm. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of just being attempted. After a fight, San Pedro, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the flip side, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. You don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.
Reckless endangerment charges are another set of charges that are typical in San Pedro, CA. This can include reckless driving, child endangerment, and similar charges. Due to the variation in specific laws, it's paramount to hire a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Our lawyers also defend the following violent crimes charges in San Pedro, CA,:
- False Imprisonment: This occurs when one person confines another to a space against their will, 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: 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 grim 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 – you can expect there to be links to hate crimes 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 charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in San Pedro, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Most commonly, possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm without a permit or a felon possessing ammunition.
While any San Pedro, CA, gun charges are major, a major differentiator is whether you allegedly used the weapon or not. 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.
On the contrary, discharging a firearm will almost always be a more serious charge. Especially 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 expert San Pedro, 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. 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 abuse, and even just causing a situation where someone is afraid they'll be hurt. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
Crimes against children also have their own specific legal categories. Child abuse is reserved for deliberate acts of violence against children (like hitting them), while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, intensifying their gravity.
Our expert 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 San Pedro, CA, violent crime cases are rooted in some alleged act of violence. But you can also need to fight increased charges and/or sentencing enhancement should your case fall into certain categories.
In many cases, the punishments can be heightened via gang enhancements. If a different crime was committed as a part of gang activities, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You can be convicted of conspiracy if you make a plan with another person to commit a crime, and either one of you does something overt to advance the plan.
Another way you can see your sentence raised is if you're accused of a hate crime. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The prosecutor in San Pedro, CA is likely to apply a hate crime label if they think that the alleged offender committed the crime as an attack against a specific protected group.
Finally, our San Pedro, CA, violent crimes attorneys can help defend 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. With two prior strikes, you are facing 25-years-to-life in prison, with further restraints on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in San Pedro, CA, the allegations can be even more severe. Assault on a police officer carries harsher penalties than simple assault, while resisting arrest can range from physical attacks to simply being uncooperative. 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.
In most cases, if you're accused of a violent crime in San Pedro, CA, you'll be in municipal court against a local prosecuting attorney. On some occasions, when the accusations are especially severe, 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
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential if you're up against 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 prior convictions, you could face harsher penalties. Restraining orders may follow if violence is alleged, impacting your life long-term.
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 deciding on a lawyer to defend you in San Pedro, CA, you want a firm 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.
- Expansive Legal Experience: Our team has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have inside knowledge of the ways the state builds its case against you, and how to poke holes in it.
- Local Relationships: We handle court cases all over California, including in San Pedro, CA. We are familiar with local prosecutors and judges, and will use them to your advantage.
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 someone with all those characteristics.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in San Pedro, 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.
As a violent crime defense attorney, I dedicate extensive resources to 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.
San Pedro, CA, Three Strikes Law Defense Strategies:
- File Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. 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. 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: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. 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. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Your Future: 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 San Pedro, 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 San Pedro, 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. We're ready for your case. Call now to start building your defense.
Staunch Protection Against Violent Crime Charges – Call Our Lawyers Right Away
Violent crimes charges are tough to fight on your own. The laws are complicated. The San Pedro, CA, district attorney is formidable. And the punishments are steep. Without an expert violent crimes lawyer at your side, your freedom 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 accept a poor plea deal, just because it was easier to get. We battle the state. We make a defense with you at the center, and defend your freedom from day one until the case is over.
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 an attorney about how to protect your rights.
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