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California’s Street Terrorism Enforcement and Prevention Act (STEP Act) controls and punishes gang activities and gang-related offenses in the state. If you have been charged with murder relating to gang activity, there are fair chances of enhanced punishments under the statute of 186.22. The gang-related murder is a more serious crime than murder, and you will need a solid defense to get the charges reduced to murder. Therefore, the criminal defense lawyer plays a critical role in the success or failure of the cases involving murder related to gang activity.
The penal code 186.22 makes it unlawful for any person to engage, further or assists in felonious gang activity and the person convicted of a violation is sentenced to mandatory jail time or prison time under the law. According to this law, you can be charged with gang-related activity even if you are not a member of it if it is presumed that you acted in favor of the gang or helped any of its members in committing a felony. To prove the charges of gang-related murder, in addition to the elements of murder, the prosecutor must establish that i) the defendant actively participated in the gang activity or willfully assisted, promoted or furthered a gang member. ii) The defendant activity was a felony level crime in California. iii) The defendant had reasonable knowledge that its members engage in criminal gang activity. For example, Peter is a member of the street gang involved in drug trafficking, Peter along with another member kills John who is threatening to blow up gang’s secret; Peter would receive enhanced punishments for gang-related murder. In another example, Peter is not the member of the gang, but his friend Victor is. While Peter and Victor are together, Victor kills a gang member who was stealing money from the revenue and Peter assists Victor in doing so; Peter will be sentenced for gang-related murder.
According to 186.22, the person is penalized with mandatory jail time of up to one year in county jail or 16 months, two-year or three-year imprisonment in state prison. Since the stakes are too high, you must not rely on public defense attorney and must find a team of dedicated criminal defense lawyers. We investigate the case to find out details that can help us to prove the innocence of our clients such as mistaken identity, involvement in the murder, or that can reduce sentence such as involuntary manslaughter or act in self-defense.
The allegations of first-degree murder are one of the toughest offenses with harsh punishments for a lifetime. California has a strict legal framework for punishing those who show a disregard for human life.
Most of the murders that do not qualify the elements of first-degree murder are charged with second-degree murder.
The article 192 of the California Penal Code distinguishes manslaughter from the murder.
According to the Penal Code statute 193(b), a person is guilty of involuntary manslaughter when killing results from an unlawful act, or from dangerously committing a lawful act, or because of criminal negligence.
Vehicular Manslaughter (CA Penal Code 191.5 & 192 PC) is when someone is injured or killed by the negligent operation of a vehicle.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
Rodrigo L. San Fernando, CA (Sherman Oaks Yelp Review)
I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Ricardo Esteves Los Angeles, CA (Los Angeles Google Places Review)
I left court yesterday with my last case being wrapped up. Two court appearances and that's it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Erica Geller Ontario, CA (Ontario Facebook review)
My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Elizabeth F. San Diego, CA (San Diego Google Places Review)
I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Leon Hanley Los Angeles, CA (Los Angeles Avvo review)
I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Britanny Givens Newport Beach, CA (Newport Beach Google Places)
I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David's knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn't charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Andrew A. North Hollywood, CA (Better Business Bureau review)
David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David's services again in the future.