Violent Crimes Lawyer Anaheim, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk torpedoing your reputation, setting back your career, and perhaps worst yet, a long time in jail or prison. But all hope is not lost. And when you work 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 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 Anaheim, CA, violent crimes defense lawyers will examine your case, give you upfront, straightforward answers, and come up with defense strategies that will be effective for your case. You deserve a defense tailored to you, and we can provide that. If you need to construct your defense, speak with one of our representatives (800) 755-5174 or tell us about your case online today for a no-obligation, private consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Anaheim, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we design our defensive strategy around the specifics of your situation. It all starts with the following steps:
- 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 research the charges and Anaheim, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Put Together a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense, mistaken identity, 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 – Should your case go to trial, we'll stick with you from start to finish, fighting for a positive outcome.
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. When you've been accused of a violent crime in Anaheim, CA, the state must prove components like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Many violent crime charges in California are 'wobblers,' meaning that they can be charged as either a misdemeanor or a felony. Misdemeanors have lighter sentences, while felonies can land you in prison for years. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
As an example of the variety of case types, 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 misdemeanors or felonies, depending on severity. 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 particularly aggressive circumstances could wind up with felony charges. Our team of violent crimes lawyers uses a varitey of defense strategies depending on the circumstances, including self-defense, claiming rights violation, and showing alibis.
Major Anaheim, CA, Violent Crime Charges We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. In fact, the literal definition describes it as attempting "a violent injury on somebody." Most 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 the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault types of charges stem from attempts to cause serious harm, rather than just harm in general. Another similar one is assault with a deadly weapon: Committing assault while using a weapon other than a gun. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
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, rather than just being attempted. You'll find that in many cases, if you're accused of battery in Anaheim, CA, you'll also be accused of assault. 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 Anaheim, CA. This can include reckless driving, child endangerment, and similar charges. Due to the variation in each of the laws, you need to work with a violent crimes lawyer who knows how to defend each of the charges.
Our lawyers also defend the following violent crimes charges in Anaheim, CA,:
- False Imprisonment: This occurs when one person confines another to a space against their will, 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: As opposed to the above allegations, human trafficking is done for particular, extra grim 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: 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: 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
The right to bear arms comes with many restrictions and responsibilities in Anaheim, CA. California firearm offenses vary widely in nature and scope, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
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 when you don't have a permit or a felon possessing ammunition.
While any Anaheim, CA, gun charges are significant, the way the firearm was (and wasn't) allegedly used can make a big difference. Brandishing a weapon is when one person shows another a gun (or other weapon) to intimidate them, not necessarily firing it. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Especially 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 excellent Anaheim, 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. But if family is involved, they get even scarier. Domestic violence isn't just battery on your spouse; it includes any actual harm caused, 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.
Crimes against children also have their own specific legal categories. 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 can be filed together, amplifying their seriousness.
Our experienced 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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Anaheim, CA, prosecutor alleges that you committed an action that broke the law. But you could also face 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 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 found guilty of conspiracy if you make a plan with someone else 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 frequently used as enhancements to other crimes. The prosecutor in Anaheim, CA may charge another crime as a hate crime if they believe that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Lastly, our Anaheim, CA, 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 will have a harder time securing early release. With two prior strikes, the sentence could be increased to 25-years-to-life in prison, with further limitations on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Anaheim, CA, the allegations can be even more severe. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a closely related set 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 Anaheim, CA, you'll be in municipal court against a local prosecuting attorney. But for more serious cases, a federal prosecutor will take charge. 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 ready to represent you against federal crimes as well as state charges.
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer 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.
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, 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 Anaheim, CA, 'good enough' isn't good enough. You want a legal team with the below 3 qualities:
- A History of Success: You want to be represented by an attorney who knows the ins and outs of the California court system. Our team is know for our successful violent crime defense results.
- Expansive Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We know the ways the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Local Relationships: Our team of attorneys cover cases across the state, including in Anaheim, CA. We have relationships with local prosecutors and judges, and will use them to your advantage.
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.
Defending Against California's Three Strikes Law in Anaheim
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in Anaheim, CA. 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.
At the Law Offices of David S. Chesley, we know what it takes to defend Three Strikes cases. Key strike eligible offenses include armed robbery, assault with a deadly weapon, and kidnapping. On your second strike, sentences are doubled, and on your third, you can be facing a life sentence.
Anaheim, CA, Three Strikes Law Defense Strategies:
- Challenging Prior Strikes: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Motion for Resentencing: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. Our legal team will petition for a reduction in sentences when your third strike was non-violent.
- Avoiding New Strikes: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. Showing lack of intent is key in thse cases.
- 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 Life After Conviction: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
Three strikes charges are not something to take lightly. If you're facing a third strike in Anaheim, 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Anaheim, 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 Us Today
Don't try to face violent crimes accusations alone. The statutes are convoluted. The Anaheim, CA, prosecutor is intimidating. And the punishments are steep. 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 accept a poor plea deal, just because it was the first one offered. We confront the charges. We listen to your story, craft a resolute defense, and protect your freedom from when we first speak until the case is concluded.
Reach out to us now to start putting together your defense. Call (800) 755-5174 or tell us about your case via our online contact form to speak with a lawyer about how to defend you.
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