Violent Crimes Lawyer Carlsbad, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk torpedoing your reputation, ruining your career, and possibly worst of all, a long time in jail or prison. But you can fight to protect yourself. And with the Law Offices of David S. Chesley, Inc., you have someone protecting you from these legal and personal 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 skillful Carlsbad, CA, violent crimes defense lawyers will research your case, give you upfront, straightforward answers, and develop defensive strategies that will be effective for your case. We view your case, and you as a person, as unique and deserving of individual attention. If you need to craft your defense, call (800) 755-5174 or tell us about your case online today for a no-obligation, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Carlsbad, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, 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 from you what really happened and why.
- Research the Statutes and Your Case – We'll investigate the charges and Carlsbad, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Put Together a Defense Strategy – Our team will recommend a defensive strategy such as 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 – 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. When you've been accused of a violent crime in Carlsbad, CA, the state 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. 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. 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, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), while battery (Penal Code 242) involves actually causing harm. Both 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 Carlsbad, 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. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on the person of another." Most people don't know 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 can already get you months in prison and a $1,000 fine, but the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault charge types in particular are very similar to assault: they normally requires that the alleged offender was trying to cause 'serious' harm rather than general harm. Another similar one 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 is a step past assault, and allegations include actual harm being caused, instead of only being attempted. After a fight, Carlsbad, 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 can be found guilty even if you didn't have the ability to carry out the threats.
Reckless endangerment charges are another set of charges that are typical in Carlsbad, CA. This can include reckless driving, child endangerment, and similar charges. Due to the difference in each of the laws, it's critical to work with a violent crimes lawyer who knows how to defend each of the charges.
Our violent crimes defense lawyers can also help you with the following charges in Carlsbad, CA,:
- False Imprisonment: This is defined as an incident when one person wrongfully restrains or confines another, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad 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: 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: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- 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 Carlsbad, 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.
In many cases, possession charges are related to a felon in possession of a firearm, but it could also be related to carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Carlsbad, CA, gun charges are major, 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 other hand, discharging a firearm can greatly increase the punishment you're facing. Especially for incidents such as a drive-by shooting or shooting at an inhabited dwelling, you can be looking at years in prison and/or thousands of dollars in fines.
An expert Carlsbad, 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 isn't just battery on your spouse; it includes any actual harm caused, threats of harm, and even just placing someone in fear of harm. Domestic violence charges are about more than just the alleged harm or danger, though — they're about who it supposedly was committed against. To qualify, the alleged victim must have held some kind of close relationship with the alleged offender, for example, romantic partners or parents who share a child.
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), while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, increasing their seriousness.
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
If you're facing violent crime charges in Carlsbad, CA, there's a good chance that they're one of the ones above. However, you might also face increased charges and/or sentencing enhancement if your case meets certain criteria.
One of the most common examples is 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 another group-related charge. You could be found guilty of conspiracy if you make a plan with somebody else to break the law, 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. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The prosecution in Carlsbad, CA may charge another crime as a hate crime if the alleged offender committed the crime as an attack against a specific protected group.
Furthermore, our Carlsbad, CA, violent crimes attorneys can help protect 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 will have a harder time securing early release. With two prior strikes, 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 Carlsbad, 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 closely related 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.
In most cases, if you're accused of a violent crime in Carlsbad, 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 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 prepared to represent you against federal crimes in addition to state charges.
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential for 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..
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 sentencing enhancements if convicted. 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 require top-tier defense attorneys. When you're deciding on a lawyer to defend your rights in Carlsbad, CA, you want someone 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.
- Diverse Legal Experience: Our team has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have experience in how the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Local Relationships: We handle court cases all over California, including in Carlsbad, CA. We know local prosecutors and judges, and will leverage our relationships in your negotiations.
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 characteristics.
Defending Against California's Three Strikes Law in Carlsbad
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Carlsbad, CA, clients, as it dramatically enhances sentences for repeat offenders. 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. 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. 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 Under Three Strikes:
- File Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Motion for Resentencing: After Proposition 36 was passed in 2012, thousands of people have been resentenced. Our legal team will petition for a reduction in sentences when your 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. 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: 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.
If you're facing Three Strikes charges in Carlsbad, CA, you need to act fast to protect your freedom. The third strike can carry a life sentence. You need a lawyer with the resources to protect your future. And the Law Offices of David S. Chesley has those resources. We have a team of leading California attorneys ready to stand by you, from day one until the case is done.
There is much debate in Carlsbad, CA over whether California's Three Strikes law is just or not. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Staunch Protection Against Violent Crime Charges – Call Our Firm Today
Don't try to face violent crimes accusations alone. The laws are convoluted. The Carlsbad, CA, prosecutor is frightening. And the penalties are harsh. If you're lacking an expert violent crimes lawyer at your side, your innocence 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 easier to get. We battle the state. We listen to your story, craft a resolute defense, and protect your freedom from day one until the case is concluded.
Reach out to us now to start building 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 a lawyer about how to defend you.
We also offer the following legal services in Carlsbad, CA:
Payment Plans
