Violent Crimes Lawyer Cerritos, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk harming your reputation, devastating 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 experienced Cerritos, CA, violent crimes defense lawyers will examine your case, tell you the truth about your situation, and look for defense tactics 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 create your defense, phone us at (800) 755-5174 or send us a note online today for a no-obligation, private consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations
Our team of Cerritos, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we design our defensive strategy around the specifics of your situation. Here's how we'll do that for your case:
- Learn Your Story – When we build a defense, it all starts with you. 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 specifics of the charges and Cerritos, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Put Together a Defense Strategy – Our lawyers will recommend a defensive strategy such as self-defense, mistaken identity, 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
Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. Before you can be conficted in Cerritos, CA, the state must prove factors 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. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
As an example of the variety of case types, the difference between assault and battery in California is critical: Assault (Penal Code 240) involves an attempt or threat to harm, 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; it's up to the prosecution to decide what to charge. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. A first-time misdemeanor assault might lead to probation, 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 Cerritos, CA, Violent Crime Accusations 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 someone else." Many people are unaware that to be charged with assault, one only has to attempt to cause harm, not necessarily actually cause harm.
While simple assault charges are harsh in and of themselves, 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. Another similar one is assault with a deadly weapon: Committing assault 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
Now that we've covered assault, let's discuss battery. Battery occurs when harm is actually done, instead of simply being attempted. In Cerritos, CA, it's common to be charged with both at the same time after an altercation. On the other hand, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. Regardless of whether you wanted to (or even could) follow through on the threats, you can be found guilty.
We also commonly defend reckless endangerment charges in Cerritos, CA. This can include reckless driving, child endangerment, and other charges along those lines. Due to the difference in each of the statutes, it's critical to find 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 Cerritos, CA,:
- False Imprisonment: This occurs when one person confines another to a space against their will, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, 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: Terrorist threats aren't their own statute, but are an unofficial term for certain criminal threats charges – you're also likely to see hate crime charges 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: Arson charges allege that you intentionally lit something on fire that you weren't allowed to.
- 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 Cerritos, CA, it comes with many constraints. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
Often, unlawful possession charges are related to a felon in possession of a firearm, but you could also face them for having a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Cerritos, CA, gun charges are serious, the way the firearm was (and wasn't) allegedly used can make a big difference. 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 contrary, discharging a firearm can greatly increase the punishment you're facing. Particularly 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.
A high-quality Cerritos, 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
The stakes are high for all kinds of violent crime allegations. Domestic accusations, though, are especially hard to fight. Domestic violence isn't just battery on your spouse; it includes any actual harm caused, threats of abuse, and even just causing a situation where someone is afraid they'll be hurt. 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 charges are saved for when someone alleged hurt a child on purpose, 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, raising their gravity.
Our expert violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We also defend against animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Cerritos, CA, prosecutor alleges that you committed an action that broke the law. But you could also face elevated charges and/or sentencing enhancement if your case meets certain criteria.
One of the most common examples is gang enhancements. If a crime was committed in the furtherance of gang activities, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are another group-related charge. You can be found guilty of conspiracy if you collaborate with another person to break the law, and either one of you takes action towards committing that 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, they are frequently used as enhancements to other charges. The prosecution in Cerritos, CA is likely to apply a hate crime label if they believe that the alleged offender committed the crime as an attack against a specific protected group.
Additionally, our Cerritos, CA, violent crimes attorneys can help guard you from 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, the sentence could be increased to 25-years-to-life in prison, with further limitations on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Cerritos, 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 covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a similar category of charges, though this can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
For the majority of violent crime charges, you'll be up against the local Cerritos, CA prosecution. On some occasions, when the accusations are especially severe, 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 be your defense attorney for federal crimes in addition to state charges.
Violent Robberies 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..
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 priors, you could face sentencing enhancements if convicted. Restraining orders may follow if violence is alleged, impacting your life long-term.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges require top-tier defense attorneys. When you're picking an attorney to fight your case in Cerritos, CA, it's important to hire someone with the below 3 qualities:
- Prior Success: You want a lawyer who knows how to fight your specific charge. Our team has a history of successful violent crime case results.
- Varied Legal Experience: We have 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.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Cerritos, CA. We know local prosecutors and judges, and will leverage our relationships in your negotiations.
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 characteristics.
Three Strikes Law Defense in Cerritos, CA
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Cerritos, CA. 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. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
At the Law Offices of David S. Chesley, we know what it takes to defend Three Strikes cases. 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: We file Romero motions to strike priors if they're old, minor, or unjust. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Resentencing Petitions: After Proposition 36 was passed in 2012, thousands of people have been resentenced. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- 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. Lack of intent defenses prevent strike enhancements.
- 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. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Life After Conviction: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
A Cerritos, 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 Cerritos, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Ferocious Protection Against Violent Crime Charges – Call Our Attorneys Now
You need help when you're fighting against violent crimes allegations. The legal system is convoluted. The Cerritos, CA, district attorney is strong. And the punishments are tough. Without an expert violent crimes lawyer at your side, your innocence and constitutional rights are at risk.
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 fight. We start every case by listening to our client, and protect your rights from day one until the case is done.
Reach out to us now to start putting together your defense. Call (800) 755-5174 or let us know how we can help you on our online contact form to speak with an attorney about how to defend you.
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