Violent Crimes Lawyer Victorville, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk wrecking your reputation, hurting your career, and 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 are hiring a team that knows how to safeguard 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 expert Victorville, CA, violent crimes defense lawyers will listen to you about your case, tell you the truth about your situation, and find defense strategies that can be used for your charges. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to construct your defense, speak with one of our representatives (800) 755-5174 or tell us about your case online now for a no-obligation, private consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Victorville, CA, criminal defense lawyers know that every violent crime case is unique, and we design our defensive strategy around the specifics of your situation. This is how we do it:
- Learn Your Story – Every case starts with our client. We want to hear your side of the story.
- Research the Law and Your Case – We'll investigate the charges and Victorville, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Build a Defense Strategy – Our team will recommend a defensive strategy such as defense of others, lack of intent, 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 – If your case reaches 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. The Victorville, CA, prosecution, often led by the District Attorney, 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. 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.
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) involves actually causing harm. Both can be misdemeanors or felonies; it's up to the prosecution to decide what to charge. 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 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 Victorville, CA, Violent Crime Categories We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is one of the most commont types of violent crimes in California. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on somebody." A lot of people aren't aware that to be charged with 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: Assault using a weapon other than a gun. These variations don't actually have statutes of their own, and instead are nicknames used to describe specific assault cases
Now that we've covered assault, let's discuss battery. Battery is a step past assault, and allegations include actual harm being caused, instead of only being attempted. You'll find that in many cases, if you're accused of battery in Victorville, CA, you'll also be accused of assault. Meanwhile, 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 Victorville, CA. This can include reckless driving, child endangerment, and similar charges. Because of the difference in individual statutes, it's paramount to have a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Our violent crimes defense lawyers can also help you with the following charges in Victorville, CA,:
- False Imprisonment: This occurs when one person wrongfully restrains or confines another, for example, locking another person in a room.
- Kidnapping: Kidnapping consists of taking a person from one location to another against their will.
- 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 – 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: 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 can either consist of starting a riot or participating in one, and is normally a misdemeanor unless it occurs in a jail and/or someone is seriously harmed.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in Victorville, 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, possession charges are related to a felon in possession of a firearm, but you could also face them for possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Victorville, CA, gun charges are important to take seriously, 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. Most of the time this is charged as a misdemeanor.
On the contrary, 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 Victorville, 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 has a wider definition than battery on your spouse; it includes injuries of all kinds, threats of harm, and even just making someone think that they could be injured. 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.
Crimes against children also have their own specific legal categories. Child abuse involves the direct, intentional cause of harm to a child, while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, intensifying their seriousness.
Our household 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, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Victorville, CA, prosecutor alleges that you committed an action that broke the law. However, you can also be up against increased charges and/or sentencing enhancement if your case meets certain criteria.
One of the most common examples is gang enhancements. When an alleged offender has a past history of supposed gang activity, and this new charge was in some way related to a gang, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are closely related. You could be found guilty of conspiracy if you collaborate with somebody else to break the law, and either one of you takes action towards committing that crime.
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 prosecution in Victorville, CA is likely to apply a hate crime label if they believe that the alleged offender committed the crime as an attack against a specific protected group.
Furthermore, our Victorville, CA, violent crimes attorneys can help protect you from California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. With one prior strike, sentences for felony convictions are doubled, and you will have to wait significantly longer before earning eligibility for parole. With two prior strikes, the penalty could be 25-years-to-life in prison, with further restraints on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Victorville, CA, you can expect to face extra harsh violent crime charges. 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 closely related category of charges, though these ones can penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
These charges, as well as all the charges listed above, are most often handled by the Victorville, CA, local prosecutor. But for more serious cases, a federal prosecutor may fight against you. 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 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
You need a robbery defense lawyer if you're facing 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..
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 priors, these can trigger enhancements. 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 defend you in Victorville, 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 defense results.
- Varied Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined courtroom 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 Victorville, CA. We are familiar with 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 properties.
Three Strikes Law Defense in Victorville, CA
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Victorville, CA, into something much more serious. This law can be devastating for repeat offenders, who face a sentence of 25 years to life after a third serious or violent felony conviction. 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. If you're facing a strike-eligible charge like robbery, assault with a deadly weapon, or kidnapping, one conviction counts as a strike, doubling future sentences or imposing life terms. For example, a third strike for shoplifting (if priors are strikes) could mean life—though reforms limit this to violent thirds.
Victorville, CA, Three Strikes Law Defense Strategies:
- 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.
- Resentencing Petitions: 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: 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 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.
If you're facing Three Strikes charges in Victorville, 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 Victorville, 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.
Staunch 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 Victorville, CA, district attorney is strong. And the sentences are heavy. Without an expert violent crimes lawyer at your side, your innocence 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 the first one offered. We confront the charges. We make a defense with you at the center, and fight for your rights from the day you call until the case is over.
Contact us now to start putting together your defense. Call us at (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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