Violent Crimes Lawyer Costa Mesa, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk destroying your reputation, hurting your career, and possibly worst of all, a long time in jail or prison. But accusations are not the same as convictions. And when you call the Law Offices of David S. Chesley, Inc., you get a shield that will guard you from these legal and personal consequences. We will fight to protect you from violent crime accusations in each of the below categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our skillful Costa Mesa, CA, violent crimes defense lawyers will research your case, give you upfront, straightforward answers, and find defensive tactics that can be used for your case. You deserve a defense tailored to you, and we can provide that. If you're ready to build your defense, call (800) 755-5174 or reach out online now for a no-obligation, confidential consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Accusations
Our team of Costa Mesa, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we give each of our clients' cases a tailored defense. This is how we do it:
- Listen to 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 research the charges and Costa Mesa, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Build a Defense Strategy – Our team will recommend a defensive strategy such as defense, lack of intent, or false allegations.
- Negotiatiate 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
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. Before you can be conficted in Costa Mesa, CA, the state must prove components like intent and harm beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. 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. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
If you're curious about violent crime distinctions, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, while battery (Penal Code 242) requires actual physical contact. Each of these can be misdemeanors or felonies, depending on severity. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. 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. 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 Costa Mesa, 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. 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 the person of another." Many people don't realize that to be guilty of assault, one only has to attempt to cause harm, not necessarily 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 types of charges stem from attempts to cause serious harm, rather than just harm in general. Closely related is assault with a deadly weapon: Assault 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
You might be asking yourself now, "What's the difference between assault and battery?" Battery is a step past assault, and allegations include actual harm being caused, rather than only being attempted. After a fight, Costa Mesa, CA prosecutors are often prone to issue both assault and battery charges to defendants. Meanwhile, criminal threats charges can result even from a nonviolent altercation. All you have to do is intimidate someone. You don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.
Reckless endangerment charges are another set of charges that are typical in Costa Mesa, CA. This can include reckless driving, child endangerment, and other charges along those lines. As a result of the difference in each of the statutes, it's important to have a violent crimes lawyer who knows how to defend each of the charges.
Our attorneys also can defend you against the below violent crimes charges in Costa Mesa, 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: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for particular, extra heinous purposes like 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 – watch out for linked hate crime accusations in these cases.
- Torture: Torture is a specific, grevious category of attack done for reasons such as revenge or extortion.
- 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 involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Costa Mesa, CA. California firearm offenses cover a large swath of statutes, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Frequently, possession charges are related to a felon in possession of a firearm, but you could also face them for carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Costa Mesa, CA, firearm charges are significant, 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. Most of the time this is charged as a misdemeanor.
On the other hand, discharging a firearm will frequently get you harsher sentences. Particularly 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 excellent Costa Mesa, 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. 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 intentional or unintentional harm, 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.
Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse involves the direct, intentional cause of harm to a child, meanwhile 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 aren't limited to just conflicts between family members who live together. We also defend against animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Costa Mesa, CA, violent crime cases are rooted in some alleged act of violence. But you might also need to fight heightened charges and/or sentencing enhancement for special circumstances.
One way we frequently see penalties increased is through gang enhancements. If a different crime was committed as a part of gang activities, prison sentences can drastically increase, though exactly how much depends 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 somebody else to break the law, and either one of you does something overt to advance the plan.
You could also see increased penalties if you're being charged with a hate crime. While hate crimes can be standalone offenses, they are often used as enhancements to other charges. The prosecution in Costa Mesa, CA is likely to apply a hate crime label if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Lastly, our Costa Mesa, 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, sentences for felony convictions are doubled, and you will have to wait significantly longer before earning eligibility for parole. With two prior strikes, you are facing 25-years-to-life in prison, with further restrictions on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Costa Mesa, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer carries harsher penalties than simple assault, 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 penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
For the majority of violent crime charges, you'll be up against the local Costa Mesa, CA prosecution. 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 represent you against federal crimes as well as state charges.
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're facing 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.
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 priors, these can trigger enhancements. 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 picking a lawyer to fight your case in Costa Mesa, CA, 'good enough' isn't good enough. You want a firm with the below 3 qualities:
- Prior Success: You want to be represented by an attorney who knows the ins and outs of the California court system. Our team has a history of successful violent crime case results.
- Varied Legal Experience: We have over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We have experience in how the state prosecutes these cases, and how to fight against them.
- Local Relationships: We handle court cases all over California, including in Costa Mesa, CA. We are familiar with local prosecutors and judges, and will lean on them to secure a favorable outcome.
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.
Defending Against California's Three Strikes Law in Costa Mesa
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Costa Mesa, 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. Because of this, it's even more critical for you to work with an expert violent crimes defense lawyer if you have any prior convictions on your record.
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. Key strike eligible offenses include armed robbery, assault with a deadly weapon, and kidnapping. On your second strike, sentences are doubled, and on your third, you can be facing a life sentence.
Defense Strategies Under Three Strikes:
- File 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.
- Resentencing Petitions: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. 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. 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 Life After Conviction: Stirkes not only add onto your sentence: they also 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 Costa Mesa, 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Costa Mesa, 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.
Tenatious Defenses Against Violent Crime Charges – Call Our Attorneys Right Away
Don't try to face violent crimes accusations alone. The statutes are convoluted. The Costa Mesa, CA, prosecutor is intimidating. And the penalties are severe. Without 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 accept a poor plea deal, just because it was faster. We confront the charges. We listen to your story, craft a resolute defense, and defend your freedom from when we first speak until the case is concluded.
Contact us now to begin building your defense. Call us at (800) 755-5174 or fill out our online contact form to speak with a member of our team about how to defend you.
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