Violent Crimes Lawyer Baldwin Park, CA. Fighting violent crimes charges is critical to your future. They risk wrecking your reputation, devastating your career, and possibly worst yet, a trip to jail or prison. But all hope is not lost. And when you work with the Law Offices of David S. Chesley, Inc., you have someone protecting you from these legal and personal 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 Baldwin Park, CA, violent crimes defense lawyers will research your case, tell you the truth about your situation, and find defensive strategies that can be used for your situation. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to construct your defense, call (800) 755-5174 or fill out our contact form now for a free, confidential consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Accusations
Our team of Baldwin Park, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we give each of our clients' cases a tailored defense. It all starts with the following steps:
- Learn 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 research the charges and Baldwin Park, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Build a Defense Strategy – We'll recommend a defensive strategy such as self-defense, consent, or procedural error.
- Negotiatiate 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 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
Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. Before you can be conficted in Baldwin Park, CA, the state must prove components like intent and harm beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
For instance, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) involves an attempt or threat to harm, meanwhile battery (Penal Code 242) requires actual physical contact. Both can be misdemeanors or felonies, depending on severity. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. Probation is more likely if you don't have any prior convictions on your record, 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 Baldwin Park, CA, Violent Crime Allegations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is one of the most commont types of violent crimes in California. In fact, the literal definition describes it as attempting "a violent injury on the person of another." Many people are unaware that to be guilty of assault, one only has to attempt to cause harm, even if you don't 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 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: Attempts to harm while 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."
Now that we've covered assault, let's discuss battery. Battery is a step past assault, and allegations include actual harm being caused, rather than only being attempted. In Baldwin Park, CA, it's common to be charged with both at the same time after an altercation. On the other hand, criminal threats charges can result even from a nonviolent altercation. All you have to do is 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 Baldwin Park, CA. This can include reckless driving, child endangerment, and similar charges. Because of the variation in individual statutes, you need to hire 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 Baldwin Park, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, for example, locking another person in a room.
- 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 heinous reasons 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 are another form of criminal threats – 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: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- Arson: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Baldwin Park, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
In many cases, these charges are related to a felon in possession of a firearm, but you could also face them for carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Baldwin Park, CA, firearm charges are perilous, a major differentiator is whether you allegedly used the weapon or not. 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.
On the contrary, discharging a firearm can greatly increase the punishment you're facing. Particularly for incidents such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An expert Baldwin Park, 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
Violent crime charges are bad enough on their own. But if family is involved, they get even scarier. Domestic violence has a wider definition than battery on your spouse; it includes injuries of all kinds, threats of abuse, and even just making someone think that they could be injured. The other qualifying factor for 'domestic' violence is who the alleged victim is: for it to qualify, they must be someone with a close relationship to the alleged offender, such as a child, spouse, or cohabitant.
If the alleged victim was a child, that can also affect which charges are filed. Child abuse involves the direct, intentional cause of harm to a child, while child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, increasing their gravity.
Our expert violent crimes defense lawyers aren't limited to just conflicts between family members who live together. 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
If you're facing violent crime charges in Baldwin Park, CA, there's a good chance that they're one of the ones above. That said, you might also need to fight increased charges and/or sentencing enhancement for special circumstances.
In many cases, the punishments can be heightened via gang enhancements. If a crime was committed in the furtherance of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are another group-related charge. You could be found guilty of conspiracy if you make a plan with someone else to commit a crime, and either one of you does something that furthers the commission of the crime.
You could also see increased penalties if you're being charged with a hate crime. Hate crime charges can be their own case, but, they are often used as enhancements to other charges. The prosecutor in Baldwin Park, CA is likely to apply a hate crime label if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Finally, our Baldwin Park, CA, violent crimes attorneys can help defend you against California's three strikes law. This law allows the government to keep track of your criminal history and assign "strikes" to certain felony convictions. With one prior strike, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. When convicted and given a third strike, the penalty could be 25-years-to-life in prison, with additional limitations on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Baldwin Park, CA, the allegations can be even more severe. Assault on a police officer is more heavily penalized than assault against other civilians, 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 Baldwin Park, CA, you'll be in municipal court against a local prosecuting attorney. But when the state views a case as extra 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 prepared 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 facing 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.
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 priors, you could face harsher penalties. Particularly for violent robberys, you're more likely to be given a restraining order against he alleged victim.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges need high-quality defense lawyers. When you're picking an attorney to defend your rights in Baldwin Park, CA, 'good enough' isn't good enough. You want a legal team 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 defense results.
- Diverse Legal Experience: Our team has over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have experience in how the state prosecutes these cases, and how to fight against them.
- Local Relationships: Our team of attorneys cover cases across the state, including in Baldwin Park, 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.
Three Strikes Law Defense in Baldwin Park, CA
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Baldwin Park, CA. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. Because of this, it's even more critical for you to work with an expert violent crimes defense lawyer if you have any prior convictions on your record.
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.
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: Even better than having prior strikes removed, we'll fight to prevent you getting one in the first place. This often comes from skillful plea negotiation. Lack of intent defenses prevent strike enhancements.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Your Future: 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 Baldwin Park, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Baldwin Park, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. We're ready for your case. Call now to start building your defense.
Staunch Protection Against Violent Crime Charges – Call Our Legal Team Right Away
Don't try to face violent crimes accusations alone. The laws are complicated. The Baldwin Park, CA, district attorney is strong. And the consequences are heavy. Without an expert violent crimes lawyer to defend you, 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 accept a poor plea deal, just because it was easier to get. We confront the charges. We make a defense with you at the center, and defend your rights from day one until the case is done.
Contact us now to begin putting together your defense. Connect with us at (800) 755-5174 or tell us about your case via our online contact form to speak with a lawyer about how to protect your rights.
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