Violent Crimes Lawyer Canoga Park, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk harming your reputation, setting back your career, and possibly worst yet, a trip to jail or prison. But you can fight to protect yourself. And when you work with the Law Offices of David S. Chesley, Inc., you have someone protecting 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 Canoga Park, CA, violent crimes defense lawyers will research your case, give you upfront, straightforward answers, and look for defensive tactics that should be effective for your case. We know that every case is unique and treat every client with respect. If you're ready to construct your defense, contact us at (800) 755-5174 or contact us online today for a free, confidential consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of Canoga Park, 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. 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 Statutes and Your Case – We'll research the specifics of the charges and Canoga Park, CA, 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 – We won't back down in negotiations; we'll fight to secure a plea deal that protects your interests.
- 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
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. When you've been accused of a violent crime in Canoga Park, CA, the state must prove elements like intent and harm beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. Several of these cases hinge on testimony as much as physical evidence — our attorneys will dissect alleged victim testimony in cross-examination and show your side of the story.
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), while battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Each of these can be charged as misdemeanors or felonies, with the state making that decision based on the circumstances. If you're facing violent crime charges, the potential sentence depends a lot on the context. 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. 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 Canoga Park, CA, Violent Crime Categories 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 someone else." Many people aren't aware that to be guilty of assault, there only has to be an attempt at causing harm, even if you don't actually cause harm.
Simple assault charges are usually a misdemeanor, however there are several more serious variations of them. Aggravated assault is just that: assault with intent to cause serious bodily injury. Another similar one is assault with a deadly weapon: Attempts to harm while using a weapon other than a gun. These variations don't actually have statutes of their own, and instead are nicknames used to describe specific assault cases
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. In Canoga Park, CA, it's common to be charged with both at the same time after an altercation. On the flip side, 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 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. Due to the variation in individual laws, it's important to work with a violent crimes lawyer who can protect you from any of the possible charges.
Here are some other related violent crimes charges our attorneys defend in Canoga Park, CA,:
- False Imprisonment: This is defined as an incident when one person confines another to a space against their will, and while it might seem like a stretch, it could be as little as grabbing someone's arm (if they are attempting to leave).
- Kidnapping: Kidnapping is different from false imprisonment because it involves forcibly moving a person from one location to another.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for specific, extra heinous 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 – you're also likely to see hate crime charges in these cases.
- Torture: Torture is used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- 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: 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 Canoga Park, 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, possession charges are related to a felon in possession of a firearm, but you could also face them for possessing a concealed firearm without a permit or a felon possessing ammunition.
While any Canoga Park, CA, firearm 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. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Particularly for allegations 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 Canoga Park, CA, 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
The stakes are high for all kinds of violent crime allegations. 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 abuse, and even just placing someone in fear of harm. 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 is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, expanding their gravity.
Our household 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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Canoga Park, CA, violent crime cases are rooted in some alleged act of violence. That said, you could also be up against increased charges and/or sentencing enhancement if certain circumstances apply.
In many cases, the punishments can be heightened via 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, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. 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 that furthers the commission of the crime.
You could also see increased penalties if you're being charged with a hate crime. Sometimes, a hate crime accusation is its own charge. However, it's common for them to be used as enhancements to other charges. The prosecutor in Canoga Park, CA may charge another crime as a hate crime if they think that the alleged offender committed the crime as an attack against a specific protected group.
Finally, our Canoga Park, 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, if you are convicted of a new felony, the sentence will be doubled, and you will have to wait significantly longer before earning eligibility for parole. With two prior strikes, the sentence could be increased to 25-years-to-life in prison, with additional restraints on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Canoga Park, CA, you can expect to face extra harsh violent crime charges. 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 similar set of charges, though these ones can penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
These charges, as well as all the charges listed above, are most often handled by the Canoga Park, CA, local prosecutor. Sometimes, though, a federal prosecutor may fight against you. 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 represent 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
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're facing 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.
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 any convictions on your record, 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
You don't want to go into a violent crimes case without the right lawyer. When you're deciding on a lawyer to protect you in Canoga Park, CA, 'good enough' isn't good enough. You want a legal team 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 is know for our successful violent crime case results.
- Varied Legal Experience: Our team has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We know 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 Canoga Park, CA. We are familiar with local prosecutors and judges, and will lean on them to secure a favorable outcome.
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) can greatly impact violent crimes charges in Canoga Park, CA. This law can be devastating for repeat offenders, who face a sentence of 25 years to life after a third serious or violent felony conviction. 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.
Canoga Park, CA, Three Strikes Law Defense Strategies:
- File Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Resentencing Petitions: Post-Prop 36, over 2,000 have been resentenced. 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. Showing lack of intent is key in thse cases.
- 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: 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 Canoga Park, 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Canoga 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 Defenses Against Violent Crime Charges – Call Our Legal Team Now
You need help when you're fighting against violent crimes allegations. The laws are convoluted. The Canoga Park, CA, prosecutor is intimidating. And the sentences are severe. If you're lacking an expert violent crimes lawyer at your side, your liberty and constitutional rights are at risk.
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 easier to get. We battle the state. We make a defense with you at the center, and defend your rights from when we first speak until the case is done.
Contact us now to begin putting together your defense. Call 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 protect your rights.
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