Violent Crimes Lawyer Chula Vista, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk damaging your reputation, ruining your career, and possibly worst of all, 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 have someone protecting you from these devestating 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 experienced Chula Vista, CA, violent crimes defense lawyers will research your case, give you honest advice, and come up with defensive strategies that should be effective for your circumstances. You deserve a defense tailored to you, and we can provide that. If you need to craft your defense, contact us at (800) 755-5174 or tell us about your case online now for a free, private consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Allegations
Our team of Chula Vista, CA, criminal defense lawyers know that every violent crime case is unique, and we design our defensive strategy around the specifics of your situation. 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 Chula Vista, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Build a Defense Strategy – We'll recommend a defensive strategy such as self-defense, consent, or false allegations.
- Plea Bargain With the State – Any time we communicate with the Chula Vista prosecution about your case, we will stand strong to find a deal that works for you.
- Fight At Trial – If there is a 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
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. The Chula Vista, CA, prosecution, often led by the District Attorney, needs to prove components like your culpability beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. 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.
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, meanwhile battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Both can be charged as misdemeanors or felonies, depending on severity. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. Probation is more likely if you don't have any prior convictions on your record, but aggravating factors like a weapon could mean jail time. 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 Chula Vista, CA, Violent Crime Accusations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. 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." Many people are unaware 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 there are several more serious variations of them. 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: Attempts to harm while using a non-firearm weapon. 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. You'll find that in many cases, if you're accused of battery in Chula Vista, CA, you'll also be accused of assault. 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.
Reckless endangerment charges are another set of charges that are typical in Chula Vista, CA. This can include reckless driving, child endangerment, and other charges along those lines. Due to the difference in individual laws, it's paramount to work with a violent crimes lawyer who can protect you from any of the possible charges.
Our violent crime defense attorneys can also help you fight the following charges in Chula Vista, CA,:
- False Imprisonment: False imprisonment occcurs when an individual detaining another without just cause, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, 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: 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 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 Chula Vista, CA. California firearm offenses can result from any number of statute violations, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Frequently, unlawful possession charges are related to a felon in possession of a firearm, but it could also be related to having a concealed firearm without a permit or a felon possessing ammunition.
While any Chula Vista, CA, firearm charges are perilous, the way the firearm was (and wasn't) allegedly used can make a big difference. 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 for 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 Chula Vista, 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 injuries of all kinds, threats of abuse, and even just causing a situation where someone is afraid they'll be hurt. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
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 can be filed together, heightening their gravity.
Our household 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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Chula Vista, CA, violent crime cases are rooted in some alleged act of violence. That said, you might also face heightened charges and/or sentencing enhancement should your case fall into certain categories.
In many cases, the punishments can be heightened via gang enhancements. If a different crime was committed as a part of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are another group-related charge. You could be convicted of conspiracy if you collaborate with someone else 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. Hate crime charges can be their own case, but, you can also see them used as enhancements to other charges. The district attorney in Chula Vista, 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.
Additionally, our Chula Vista, 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, sentences for felony convictions are 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 restrictions on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Chula Vista, CA, the allegations can be even more severe. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. 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.
These charges, as well as all the charges listed above, are most often handled by the Chula Vista, CA, local prosecutor. But for more serious cases, 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 equipped to represent you against federal crimes in addition to state charges.
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential for charges like armed robbery, where force or fear is used to take property. Penalties can reach 9 years in prison, especially if a weapon is involved. First-degree burglary, entering a residence with intent to steal, is a felony with 2-6 years. Carjacking (PC 215) involves taking a vehicle by force, punishable by up to 9 years.
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, you could face sentencing enhancements if convicted. 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 need high-quality defense lawyers. When you're deciding on an attorney to fight your case in Chula Vista, CA, 'good enough' isn't good enough. You want a legal team with the below 3 qualities:
- Prior Success: You want a lawyer who knows how to fight your specific charge. Our team is know for our 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 inside knowledge of 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 Chula Vista, CA. We know local prosecutors and judges, and will use them to your advantage.
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 those qualities.
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 Chula Vista, 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. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.
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 Against Three Strikes Charges in Chula Vista, CA:
- Romero Motions: 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.
- Motion for Resentencing: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- Avoiding New Strikes: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. We can also look into prior cases to see if there were any procedural errors that should have resulted in an acquittal.
- Impact on Parole and Your Future: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
Three strikes charges are not something to take lightly. If you're facing a third strike in Chula Vista, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Chula Vista, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. If you're facing a third strike in California, it's easy to feel despair. But your case isn't over yet – call the Law Offices of David S. Chesley today to fight for your freedom.
Ferocious Defenses Against Violent Crime Charges – Call Our Attorneys Today
You need help when you're fighting against violent crimes allegations. The statutes are complex. The Chula Vista, CA, prosecutor is formidable. And the sentences are oppressive. If you're lacking 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 stand idly by and let the state build its case. We don't accept a poor plea deal, just because it was the first one offered. We confront the charges. We listen to your story, craft a resolute defense, and fight for your rights from the day you call until the case is over.
Reach out to us now to begin putting together your defense. Call (800) 755-5174 or tell us about your case via our online contact form to speak with a lawyer about how to protect your rights.
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