Violent Crimes Lawyer Los Angeles. Any criminal accusations are serious, but few are as serious as violent crimes. They risk damaging your reputation, hurting your career, and worst of all, a lengthy prison sentence. But accusations are not the same as convictions. And with the Law Offices of David S. Chesley, Inc., you have someone protecting you from these 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 Los Angeles violent crimes defense lawyers will investigate your case, give you honest advice, and look for defense strategies that can be used for your circumstances. We know that every case is unique and treat every client with respect. If you're ready to build your defense, call (800) 755-5174 or contact us online today for a free, confidential consultation.
How the Law Offices of David S. Chesley's Lawyers Defend Against Violent Crimes Charges
Our team of Los Angeles criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. Here's how we'll do that for your case:
- Listen to Your Story – Every case starts with our client. We want to hear from you what really happened and why.
- Research the Law and Your Case – We'll look into the charges and violent crime law specifics, to see if there are any special circumstances which apply to you.
- Build a Defense Strategy – We'll recommend a defensive strategy such as self-defense, lack of intent, or procedural error.
- Negotiatiate With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- Fight At Trial – If your case reaches trial, we'll present our matchless defense in court and show the judge and/or jury your side of the story.
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. The Los Angeles prosecution, often led by the District Attorney, must prove elements 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. Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
For instance, the difference between assault and battery in California is critical: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) requires actual physical contact. Both 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. A first-time misdemeanor assault might lead to probation, but aggravating factors like a weapon could mean jail time. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
Major Los Angeles Violent Crime Categories 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 the person of another." What many people don't realize is that to be charged with assault, there only has to be an attempt at causing harm, not necessarily actual harm.
While simple assault charges are harsh in and of themselves, there are several more serious variations of them. Aggravated assault is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Assault 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 that, and allegations include actual harm being caused, rather than just attempted. In Los Angeles, it's common to be charged with both at the same time after an altercation. 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.
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 variation in specific laws, it's important to have a violent crimes lawyer who knows how to defend each of the charges.
Here are some other related violent crimes charges our attorneys defend in Los Angeles:
- False Imprisonment: This occurs when one person wrongfully restrains or confines another, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad purposes like forced labor or sex.
- Stalking: California defines stalking as repeatedly following or harassing another person, and making a related credible threat.
- Terrorist Threats: Terrorist threats are another form of criminal threats — 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: Mayhem is also like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- 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
The right to bear arms comes with many restrictions and responsibilities in Los Angeles. California firearm offenses vary widely in nature and scope, and you can get in trouble for something as simple as unlawful possession.
Most commonly, these charges are related to a felon in possession of a firearm, but they could also be the result of having a concealed firearm without a permit or a felon possessing ammunition.
While all Los Angeles gun charges are serious, 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.
On the other hand, discharging a firearm will frequently get you harsher sentences. Particularly for cases such as a drive-by shooting or shooting at an inhabited dwelling, you can be looking at years in prison and/or thousands of dollars in fines.
An experienced Los Angeles violent crimes defense attorney can not only protect you from a prison sentence and hefty fine, but also from further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
Violent crime charges are bad enough on their own. But if family is involved, they get even scarier. Domestic violence isn't just battery on your spouse; it includes intentional or unintentional harm, threats of harm, and even just placing someone in fear of harm. 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 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 can be filed together, amplifying their seriousness.
Our household violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We also defend against 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 Los Angeles prosecutor alleges that you committed an action that broke the law. But you can also face elevated charges and/or sentencing enhancement if certain circumstances apply.
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 closely related. 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.
Another common sentence enhancement is when an alleged action is charged as a hate crime. While hate crimes can be standalone offenses, they are often used as enhancements to other crimes. The state is likely to apply a hate crime label if the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Lastly, our Los Angeles 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 won't be eligible for parole until you've served 80% of the sentence. With two prior strikes, you are facing 25-years-to-life in prison, with further restrictions on parole.
Procedural and Governance Charges Defense Lawyers
Los Angeles violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. 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 similar category of charges, though this can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
These charges, as well as all the charges listed above, are most often handled by the Los Angeles local prosecutor. But for more serious cases, a federal prosecutor will take charge. 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 proud to be your defense attorney for federal crimes as well as state charges.
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential for 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.
In one case, a client faced armed robbery charges after a misunderstanding during a transaction. By exposing false accusations and procedural errors, we secured a misdemeanor plea with no jail time. If you're on parole or have priors, 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 require top-tier defense attorneys. When you're deciding on a lawyer to defend you in Los Angeles, you want someone 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 case results.
- Diverse 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 builds its case against you, and how to poke holes in it.
- Relationships in Your Area's Court: We handle court cases all over California, including in Los Angeles. We know local prosecutors and judges, and will leverage our relationships in your negotiations.
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) is a massive search trigger for Los Angeles clients, as it dramatically enhances sentences for repeat offenders. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. 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.
Defense Strategies Under Three Strikes:
- Challenging Prior Strikes: 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: 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: We argue cruel and unusual punishment, especially for disproportionate sentences. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Life After Conviction: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
A Los Angeles 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Los Angeles. 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.
Ferocious Defenses Against Violent Crime Charges – Call Us Now
Violent crimes charges are tough to fight on your own. The laws are complicated. The Los Angeles prosecutor is strong. And the penalties are harsh. 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 stand idly by and let the state build its case. We don't settle for a bad plea deal, just because it was the first one offered. We fight. We listen to your story, craft a resolute defense, and protect your rights from day one until the case is concluded.
Reach out to us now to start building your defense. Call (800) 755-5174 or fill out our online contact form to speak with a lawyer about how to defend you.
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