Violent Crimes Lawyer Burbank, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk destroying your reputation, devastating your career, and possibly worst yet, a lengthy prison sentence. But accusations are not the same as convictions. And with the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these consequences. We will fight to protect you from violent crime accusations in each of the below categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our experienced Burbank, CA, violent crimes defense lawyers will investigate your case, give you honest advice, and come up with defense tactics that will be effective for your circumstances. We view your case, and you as a person, as unique and deserving of individual attention. If you need to create your defense, call us at (800) 755-5174 or reach out online now for a no-obligation, confidential consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Burbank, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we design our defensive strategy around the specifics of your situation. This is how we do it:
- Listen to Your Story – We believe that you should be at the center of your defense. You can be honest with us about everything, and we'll start with your perspective.
- Research the Statutes and Your Case – We'll research the charges and Burbank, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Build a Defense Strategy – Our lawyers will recommend a defensive strategy such as self-defense, mistaken identity, or procedural error.
- Plea Bargain 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 – Should your case go to trial, we'll make sure that the judge and/or jury see your side of the story, and you're properly represented against the accusations.
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 Burbank, CA, the state needs to prove elements like your culpability beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. 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.
For instance, the difference between assault and battery in California is critical: 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. Each of these can be charged as misdemeanors or felonies; it's up to the prosecution to decide what to charge. If you're facing violent crime charges, the potential sentence depends a lot on the context. A first-time misdemeanor assault might lead to probation, but aggravating factors like a weapon could mean jail time. 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 Burbank, CA, 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. What's interesting about it is that no harm has to actually be done. To be guilty of assault, one has to attempt "a violent injury on the person of another." Many people don't know that to be guilty of assault, one only has to attempt to cause harm, even if you don't actually cause harm.
Simple assault charges are usually a misdemeanor, however 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: Attempts to harm while using a weapon other than a gun. 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 similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, rather than only being attempted. After a fight, Burbank, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the flip side, criminal threats charges can result even from a nonviolent altercation. All you have to do is 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. As a result of the difference in each of the statutes, it's paramount to have a violent crimes lawyer who can protect you from any of the possible charges.
Our lawyers also defend the following violent crimes charges in Burbank, CA,:
- False Imprisonment: This is defined as an incident when one person confines another to a space against their will, and could be as simple as you allegedly blocking a doorway.
- Kidnapping: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for specific, extra bad purposes 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 involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in Burbank, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Frequently, unlawful possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Burbank, CA, gun charges are serious, 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. Most of the time this is charged as a misdemeanor.
On the contrary, discharging a firearm can greatly increase the punishment you're facing. Especially in incidents such as a drive-by shooting or shooting at an inhabited dwelling, it's unlikely that you'd get off with a small fee or community service.
A high-quality Burbank, CA, violent crimes defense attorney will protect you from the legal consequences of these charges, including further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
Violent crime charges are bad enough on their own. Domestic accusations, though, are especially hard to fight. Domestic violence goes beyond battery on your spouse; it includes injuries of all kinds, threats of harm, and even just causing a situation where someone is afraid they'll be hurt. 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, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, increasing their gravity.
Our experienced violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We also defend against animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Burbank, CA, there's a good chance that they're one of the ones above. That said, you can also be up against elevated charges and/or sentencing enhancement for special circumstances.
One way we frequently see penalties increased is through 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, the sentence you face can be increased by several years. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You could be found guilty of conspiracy if you make a plan with someone else to break the law, and either one of you does something overt to advance the plan.
You could also see increased penalties if you're being charged with a hate crime. While hate crimes can be standalone offenses, it's common for them to be used as enhancements to other crimes. The prosecution in Burbank, CA may charge another crime as a hate crime if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Furthermore, our Burbank, CA, violent crimes attorneys can help defend you against California's three strikes law. For alleged repeat offenders, this law can become a tremendous hurdle. Previous felony convictions may count as "strikes" against you. With one prior strike, sentences for felony convictions are doubled, and you will have to wait significantly longer before earning eligibility for parole. If a conviction would be your third strike, you are facing 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 Burbank, 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 covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a similar set 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 Burbank, CA, local prosecutor. But when the state views a case as extra severe, 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 prepared to defend 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 Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer 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.
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 prior convictions, you could face harsher penalties. 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 require top-tier defense attorneys. When you're deciding on an attorney to defend you in Burbank, CA, you want someone with the below 3 qualities:
- A History of 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.
- 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 experience in the ways the state prosecutes these cases, and how to fight against them.
- Local Relationships: We're ready for your case in Burbank, 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 those qualities.
Defending Against California's Three Strikes Law in Burbank
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Burbank, CA, into something much more serious. The three strikes law assigns a "strike" to each alleged offender for serious or violent felony convictions. After the third, it requires the judge to sentence the alleged offender anywhere from 25 years to life. 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 Against Three Strikes Charges in Burbank, CA:
- Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Resentencing Petitions: 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: 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. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- 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: On top of increasing your sentence, 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.
A Burbank, CA, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Burbank, CA. Reforms continue, but without aggressive defense, clients face lifelong consequences. We're ready for your case. Call now to start building your defense.
Ferocious Defenses Against Violent Crime Charges – Call Our Legal Team Right Away
You need help when you're fighting against violent crimes allegations. The legal system is complicated. The Burbank, CA, district attorney is intimidating. And the punishments are heavy. Without an expert violent crimes lawyer at your side, your liberty and constitutional rights are in danger.
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 faster. We battle the state. We listen to your story, craft a resolute defense, and fight for your freedom from the day you call until the case is concluded.
Reach out to us now to begin putting together your defense. Call us at (800) 755-5174 or fill out our online contact form to speak with an attorney about how to protect your rights.
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