Violent Crimes Lawyer Del Mar, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk torpedoing your reputation, devastating your career, and perhaps 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 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 expert Del Mar, CA, violent crimes defense lawyers will examine your case, be honest with our recommendations, and find defense strategies that should be effective for your situation. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to create your defense, speak with one of our representatives (800) 755-5174 or fill out our contact form now for a no-obligation, private consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Accusations
Our team of Del Mar, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. Here's how we'll do that for your case:
- Learn Your Story – We believe that you should be at the center of your defense. We want to hear from you what really happened and why.
- Research the Statutes and Your Case – We'll look into the charges and Del Mar, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Craft a Defense Strategy – Our team will recommend a defensive strategy such as self-defense, consent, or procedural error.
- Negotiatiate With the State – Any time we communicate with the Del Mar 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 make sure that the judge and/or jury see your side of the story, and you're properly represented against the accusations.
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 Del Mar, CA, prosecution, often led by the District Attorney, must prove components like intent and harm 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. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
For instance, 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) requires actual physical contact. Each of these 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 repeat offenders or felony charges are more likely to face harsh penalties. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
Major Del Mar, 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 know that to be charged with assault, there only has to be an attempt at causing harm, even if you don't actually cause harm.
Simple assault charges are usually a misdemeanor, however there are several more serious variations of them. Aggravated assault is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Assault using a weapon other than a gun. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
As discussed above, assault only requires an attempt to cause harm. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, rather than only being attempted. After a fight, Del Mar, 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 don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and other charges along those lines. Because of the variation in specific statutes, you need to work with a violent crimes lawyer who knows how to defend each of the charges.
Here are some other related violent crimes charges our attorneys defend in Del Mar, CA,:
- False Imprisonment: This occurs when an individual detaining another without just cause, for example, locking another person in a room.
- 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 reasons such as forced labor or sex.
- Stalking: To be guilty of stalking in California, you have to both follow a person without their consent, and make a believable 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: What was once a battery charge can be elevated to mayhem if certain circumstances apply, such as the severing of someone's limb.
- Arson: Arson charges allege that you intentionally lit something on fire that you weren't allowed to.
- Rioting: RIoting can either consist of starting a riot or participating in one, and is normally a misdemeanor unless it occurs in a jail and/or someone is seriously harmed.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Del Mar, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Frequently, these 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 any Del Mar, CA, gun charges are major, a major differentiator is whether you allegedly used the weapon or not. 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.
On the contrary, discharging a firearm will almost always be a more serious charge. Especially for allegations 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 excellent Del Mar, 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
Violent crime charges are bad enough on their own. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence has a wider definition than battery on your spouse; it includes intentional or unintentional harm, threats of abuse, and even just making someone think that they could be injured. The other qualifying factor for 'domestic' violence is who the alleged victim is: for it to qualify, they must be someone with a close relationship to the alleged offender, such as a child, spouse, or cohabitant.
Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges can be filed together, amplifying their seriousness.
Our experienced 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, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Del Mar, CA, prosecutor alleges that you committed an action that broke the law. However, you could also need to fight increased charges and/or sentencing enhancement should your case fall into certain categories.
One way we frequently see penalties increased is through 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, 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 convicted of conspiracy if you make a plan with someone else to commit a crime, and either one of you takes action towards committing that crime.
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, it's common for them to be used as enhancements to other charges. The prosecution in Del Mar, CA is likely to apply a hate crime label if the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Furthermore, our Del Mar, CA, violent crimes attorneys can help defend you from California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. With one prior strike, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. When convicted and given a third strike, the penalty could be 25-years-to-life in prison, with further restrictions on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Del Mar, CA, the allegations can be even more severe. 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 closely related category 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 Del Mar, CA, you'll be in municipal court against a local prosecuting attorney. 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 defend you against federal crimes in addition to state charges.
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer 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..
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
You don't want to go into a violent crimes case without the right lawyer. When you're picking an attorney to fight your case in Del Mar, CA, 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 has a history of successful violent crime case results.
- Varied Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined legal 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: Our team of attorneys cover cases across the state, including in Del Mar, CA. We are familiar 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.
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 Del Mar, CA, clients, as it dramatically enhances sentences for repeat offenders. 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.
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 Under Three Strikes:
- Challenging Prior Strikes: We file Romero motions to strike priors if they're old, minor, or unjust. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Resentencing Petitions: After Proposition 36 was passed in 2012, thousands of people have been resentenced. 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. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- 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. 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. 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 Del Mar, 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 Del Mar, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. 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 Protection Against Violent Crime Charges – Call Us Today
Don't try to face violent crimes accusations alone. The court system is convoluted. The Del Mar, CA, district attorney is intimidating. And the penalties are grim. If you're lacking an expert violent crimes lawyer to defend you, your liberty and constitutional rights are at risk.
At the Law Offices of David S. Chesley, Inc., we don't wait and watch the prosecution make its case against you. We don't settle for a bad plea deal, just because it was the first one offered. We fight. We make a defense with you at the center, and defend your rights from the day you call until the case is done.
Contact us now to start putting together your defense. Call (800) 755-5174 or fill out our online contact form to speak with a lawyer about how to fight these charges.
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