Violent Crimes Lawyer Costa Mesa, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk damaging your reputation, setting back your career, and perhaps worst yet, a trip to jail or prison. But all hope is not lost. And when you hire the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard you from these devestating 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 expert Costa Mesa, CA, violent crimes defense lawyers will examine your case, give you upfront, straightforward answers, and come up with defense tactics that will be effective for your case. You deserve a defense tailored to you, and we can provide that. If you're ready to create your defense, call us at (800) 755-5174 or reach out online now for a free, private consultation.
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 know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. It all starts with the following steps:
- Learn 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 Statutes and Your Case – We'll research the charges and Costa Mesa, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Craft a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense, lack of intent, or procedural error.
- Plea Bargain With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- Fight At Trial – Should your case go to trial, we'll stick with you from start to finish, fighting for a positive outcome.
Understanding Violent Crimes in California: Felony vs. Misdemeanor Charges
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. Before you can be conficted in Costa Mesa, CA, the state must prove factors like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. 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.
If you're curious about violent crime distinctions, 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. Both can be charged as misdemeanors or felonies; it's up to the prosecution to decide what to charge. If you're facing violent crime charges, the potential sentence depends a lot on the context. A first-time misdemeanor assault might lead to probation, but repeat offenders or felony charges are more likely to face harsh penalties. 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 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 the person of another." Most people aren't aware that to be guilty of assault, one only has to attempt to cause harm, regardless of whether or not you actually cause harm.
While simple assault charges are harsh in and of themselves, 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. Closely related is assault with a deadly weapon: Committing assault 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
As discussed above, assault only requires an attempt to cause harm. Battery is a step past assault, and allegations include actual harm being caused, instead of just being attempted. You'll find that in many cases, if you're accused of battery in Costa Mesa, CA, you'll also be accused of assault. 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 Costa Mesa, CA. This can include reckless driving, child endangerment, and other charges along those lines. Because of the variation in individual statutes, it's important to hire a violent crimes lawyer who knows how to defend each of the charges.
Our lawyers also defend the following violent crimes charges in Costa Mesa, CA,:
- False Imprisonment: This is defined as an incident 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 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 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: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- 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
Due to state law, you're not able to just do whatever you please with a gun in Costa Mesa, CA. California firearm offenses cover a large swath of statutes, sometimes even just being the result of unlawful possession.
In many cases, possession charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm without 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. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm will frequently get you harsher sentences. Especially in allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An expert Costa Mesa, 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. Domestic accusations, though, are especially hard to fight. Domestic violence has a wider definition than battery on your spouse; it includes intentional or unintentional harm, 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, meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges are often filed together, amplifying their gravity.
Our experienced violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We can also help you fight animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Costa Mesa, CA, there's a good chance that they're one of the ones above. That said, you might also need to fight heightened charges and/or sentencing enhancement if certain circumstances apply.
One of the most common examples is 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 could be found guilty of conspiracy if you agree with somebody else to commit a crime, and either one of you does something that furthers the commission of the 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, it's common for them to be used as enhancements to other crimes. The prosecutor in Costa Mesa, CA may charge another crime as a hate crime if the alleged offender committed the crime as an attack against a specific protected group.
Lastly, our Costa Mesa, 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, if you are convicted of a new felony, the sentence will be doubled, and you will have a harder time securing early release. If a conviction would be your third strike, the sentence could be increased to 25-years-to-life in prison, with additional limitations on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Costa Mesa, CA, the allegations can be even more severe. Assault on a police officer carries harsher penalties than simple assault, 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 aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.
In most cases, if you're accused of a violent crime in Costa Mesa, CA, you'll be in municipal court against a local prosecuting attorney. But for more serious cases, a federal prosecutor may fight against you. Federal court can be a whole different arena, and you need a law firm with the strength to fight for your rights against the United States government. The Law Offices of David S. Chesley, Inc., is proud to represent you against federal crimes in addition to state charges.
Additional Miscellaneous Violent Crime Defense Services We Offer
- Aggravated Battery
- Assault With Force Likely to Produce Great Bodily Injury
- Battery On a Spouse or Cohabitant or Dating Partner
- Contempt for Violating a Domestic Violence Court Order
- Corporal Injury on a Spouse or Cohabitant
- Dissuading a Witness or Victim/Witness Intimidation
- Expungement/Record Clearance After Violent Crime Conviction
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're up against 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 any convictions on your record, 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 deciding on 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:
- A History of 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.
- Diverse Legal Experience: We have over 50 years of combined legal 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.
- Relationships in Your Area's Court: We handle court cases all over California, including in Costa Mesa, CA. We have relationships with local prosecutors and judges, and will leverage our relationships in your negotiations.
With a legal team with these qualifications defending you from violent crimes allegations, you'll get the best chance of a positive outcome. And with the Law Offices of David S. Chesley, Inc., you'll get someone with all those characteristics.
Three Strikes Law Defense in Costa Mesa, CA
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. 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.
Costa Mesa, CA, Three Strikes Law Defense Strategies:
- File Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Motion for Resentencing: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. 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 Your Future: 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.
Three strikes charges are not something to take lightly. If you're facing a third strike in Costa Mesa, 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.
There is much debate in Costa Mesa, CA over whether California's Three Strikes law is just or not. 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.
Staunch Defenses Against Violent Crime Charges – Call Our Lawyers Today
You need help when you're fighting against violent crimes allegations. The legal system is complex. The Costa Mesa, CA, prosecutor is frightening. And the consequences are tough. If you don't have an expert violent crimes lawyer to defend you, your freedom 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 the first one offered. We battle the state. We make a defense with you at the center, and fight for your freedom from the day you call until the case is over.
Reach out to us now to start building your defense. Call (800) 755-5174 or let us know how we can help you on our online contact form to speak with amember of our legal team about how to protect your rights.
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