Violent Crimes Lawyer Burbank, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk damaging your reputation, setting back your career, and possibly worst yet, a long time in jail or prison. But you have a chance at a more positive outcome. And when you hire the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these 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 expert Burbank, CA, violent crimes defense lawyers will listen to you about your case, give you upfront, straightforward answers, and look for defense tactics that will be effective for your charges. You deserve a defense tailored to you, and we can provide that. If you're ready to craft your defense, speak with one of our representatives (800) 755-5174 or contact us online now for a free, confidential consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Allegations
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:
- Learn 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 investigate the charges and Burbank, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Craft a Defense Strategy – We'll recommend a defensive strategy such as defense, mistaken identity, or false allegations.
- 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 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
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. If you're facing accusations of one of these crimes in Burbank, CA, it can be intimidating, but don't panic: The prosecution must 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. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
If you're curious about violent crime distinctions, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) involves actually causing harm. Both can be misdemeanors or felonies, with the state making that decision based on the circumstances. 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. 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 Allegations 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 the person of another." A lot of people aren't aware that to be charged with assault, one only has to attempt to cause harm, not necessarily actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but 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: Committing assault while using a weapon other than a gun. These variations aren't official charges, but rather subcategories for more serious assault charges
As discussed above, assault only requires an attempt to cause harm. Battery occurs when harm is actually done, rather than just being attempted. After a fight, Burbank, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the other hand, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. 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 Burbank, CA. This can include reckless driving, child endangerment, and similar charges. Because of the variation in specific laws, it's paramount to hire a violent crimes lawyer who knows how to defend each of the charges.
Our lawyers also defend the following violent crimes charges in Burbank, CA,:
- False Imprisonment: This is defined as an incident when one person wrongfully restrains or confines another, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra grim purposes such as forced labor or sex.
- Stalking: To be guilty of stalking in California, you have to both follow a person without their consent, and make a believable 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: 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 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 Burbank, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
Often, 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 Burbank, CA, gun charges are serious, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm will frequently get you harsher sentences. Especially in cases 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.
An expert Burbank, 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 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, meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, expanding their seriousness.
Our household 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
Some violent crime accusations are just that – the Burbank, CA, prosecutor alleges that you committed an action that broke the law. However, you could also need to fight elevated charges and/or sentencing enhancement should your case fall into certain categories.
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, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are another group-related charge. You could be convicted of conspiracy if you collaborate with someone else to commit a crime, and either one of you does something overt to advance the plan.
Another way you can see your sentence raised is if you're accused of 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 believe that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Finally, our Burbank, CA, violent crimes attorneys can help guard you from California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. With one prior strike, sentences for felony convictions are doubled, and you will have a harder time securing early release. When convicted and given a third strike, you are facing 25-years-to-life in prison, with further contstraints on early release.
Procedural and Governance Charges Defense Lawyers
Burbank, CA, 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 set of charges, though these ones can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
In most cases, if you're accused of a violent crime in Burbank, CA, you'll be in municipal court against a local prosecuting attorney. Sometimes, though, a federal prosecutor may take over. When you're up against the federal government, you need a powerful legal team on your side. The Law Offices of David S. Chesley, Inc., is ready to defend you against federal crimes as well as state charges.
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're up against charges like robbery or home invasion. These can carry penalties up to 9 years or 20 years, respectively. The use of a weapon is often an enhancing factor for sentencing..
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 any convictions on your record, these can trigger enhancements. 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 deciding on a lawyer to defend your rights in Burbank, CA, 'good enough' isn't good enough. You want a legal team with the below 3 qualities:
- Prior 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 case results.
- Varied Legal Experience: We have over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how the state prosecutes these cases, and how to fight against them.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Burbank, CA. We are familiar with local prosecutors and judges, and will lean on them to secure a favorable outcome.
To maximize your chances of beating violent crimes charges, you need lawyers with all of the above attributes. 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 Burbank
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Burbank, CA, 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. 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.
At the Law Offices of David S. Chesley, we know what it takes to defend 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: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Resentencing Petitions: Post-Prop 36, over 2,000 have been resentenced. This has the potential to reduce charges from a life sentence down to time served, if the 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. Showing lack of intent is key in thse cases.
- Constitutional Challenges: If the sentence is wildly out of proportion for the alleged crime, we can argue that it is cruel and unusual. This would make it unconstitutional for the court to give such a sentence to you. 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: 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.
Three strikes charges are not something to take lightly. If you're facing a third strike in Burbank, 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.
There is much debate in Burbank, CA over whether California's Three Strikes law is just or not. 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 Us Now
Violent crimes charges are tough to fight on your own. The legal system is complicated. The Burbank, CA, prosecutor is formidable. And the consequences are steep. Without an expert violent crimes lawyer at your side, your freedom 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 settle for a bad plea deal, just because it was faster. We confront the charges. We make a defense with you at the center, and defend your freedom from the day you call until the case is over.
Contact us now to begin putting together your defense. Connect with us at (800) 755-5174 or let us know how we can help you on our online contact form to speak with amember of our legal team about how to fight these charges.
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