Violent Crimes Lawyer Canoga Park, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk harming your reputation, devastating your career, and worst yet, a lengthy prison sentence. But accusations are not the same as convictions. And when you work with the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect 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 Canoga Park, CA, violent crimes defense lawyers will listen to you about your case, give you upfront, straightforward answers, and find defense strategies that can be used for your case. We know that every case is unique and treat every client with respect. If you're ready to build your defense, call us at (800) 755-5174 or fill out our contact form today for a free, confidential consultation.
The Law Offices of David S. Chesley's Process to 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 build a defense that's suited to your specific case. Here's how we'll do that for your case:
- Learn About Your Story – We believe that you should be at the center of your defense. We want to hear your side of the story.
- Research the Law and Your Case – We'll research the charges and Canoga Park, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as defense of others, lack of intent, 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 – If there is a 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
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. The Canoga Park, CA, prosecution, often led by the District Attorney, needs to prove components like your culpability beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. 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.
For instance, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) involves an attempt or threat to harm, meanwhile battery (Penal Code 242) requires actual physical contact. Each of these can be charged as misdemeanors or felonies, depending on severity. 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. At the Law Offices of David S. Chesley, we will fight for your freedom and protect your rights, mounting a tenacious defense against all charges.
Major Canoga Park, CA, Violent Crime Charges We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
When you ask someone to name an example of a violent crime, there's a good chance they'll mention assault. 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 somebody." A lot of people don't realize that to be guilty of assault, there only has to be an attempt at causing harm, regardless of whether or not you 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 types of charges stem from attempts to cause serious harm, rather than just harm in general. Closely related is assault with a deadly weapon: Committing assault while using a non-firearm weapon. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
Now that we've covered assault, let's discuss battery. Battery occurs when harm is actually done, instead of 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 result even from a nonviolent altercation. All you have to do is intimidate someone. Regardless of whether you wanted to (or even could) follow through on the threats, you can be found guilty.
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 difference in each of the laws, it's paramount to have a violent crimes lawyer who can protect you from any of the possible charges.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Canoga Park, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, and could be as simple as you allegedly blocking a doorway.
- 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 heinous purposes such as 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: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – you can expect there to be links to hate crimes 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 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 Canoga Park, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Commonly, these charges are related to a felon in possession of a firearm, but it could also be related to having a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Canoga Park, CA, gun charges are significant, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon does not typically involve firing the gun, but instead using it to make a threat. Most of the time this is charged as a misdemeanor.
On the other hand, 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 experienced Canoga Park, 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
The stakes are high for all kinds of violent crime allegations. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence goes beyond battery on your spouse; it includes any actual harm caused, threats of harm, 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 charges are saved for when someone alleged hurt a child on purpose, while child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, raising their seriousness.
Our experienced violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We can also help you fight animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Canoga Park, CA, prosecutor alleges that you committed an action that broke the law. But you could also be up against increased charges and/or sentencing enhancement should your case fall into certain categories.
One of the most common examples is 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 dangerous because you can face penalties without having personally done something actively wrong. You can be found guilty of conspiracy if you make a plan with another person to break the law, and either one of you takes action towards committing that crime.
Another way you can see your sentence raised is if you're accused of a hate crime. While hate crimes can be standalone offenses, they are frequently used as enhancements to other charges. The prosecutor in Canoga Park, CA may charge another crime as a hate crime if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Furthermore, our Canoga Park, CA, violent crimes attorneys can help guard 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 penalty could be 25-years-to-life in prison, with further restraints on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Canoga Park, 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 carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a similar set of charges, though this 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 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 proud to be your defense attorney for federal crimes in addition to state charges.
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential if you're facing 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..
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 prior convictions, 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 require top-tier defense attorneys. When you're picking an attorney to defend your rights 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 has a history of successful violent crime case 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 builds its case against you, and how to poke holes in it.
- Local Relationships: We handle court cases all over California, including in Canoga Park, 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.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Canoga Park, 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. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
You need a law office with extensive resources to fight against Three Strikes cases. And the Law Offices of David S. Chesley has those resources. 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: Romero motions can be used to request a judge to remove an existing strike on your record. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Resentencing Petitions: After Proposition 36 was passed in 2012, thousands of people 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. 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 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Canoga Park, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. We're ready for your case. Call now to start building your defense.
Tenatious Protection Against Violent Crime Charges – Call Us Right Away
Violent crimes charges are tough to fight on your own. The statutes are complex. The Canoga Park, CA, prosecutor is powerful. And the penalties 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 take a passive approach to your defense. We don't accept a poor plea deal, just because it was easier to get. We battle the state. We listen to your story, craft a resolute defense, and defend 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 amember of our legal team about how to protect your rights.
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