Violent Crimes Lawyer Diamond Bar, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk destroying your reputation, setting back your career, and possibly worst yet, a lengthy prison sentence. But you have a chance at a more positive outcome. And when you call the Law Offices of David S. Chesley, Inc., you have someone protecting 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 Diamond Bar, CA, violent crimes defense lawyers will research your case, give you upfront, straightforward answers, and find defensive strategies that should be effective for your situation. You deserve a defense tailored to you, and we can provide that. If you need to construct your defense, speak with one of our representatives (800) 755-5174 or contact us online today for a free, 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 Diamond Bar, CA, criminal defense lawyers know that every violent crime case is unique, and we build a defense that's suited to your specific case. It all starts with the following steps:
- Learn Your Story – Every case starts with our client. We want to hear from you what really happened and why.
- Research the Law and Your Case – We'll investigate the charges and Diamond Bar, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Put Together a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense, mistaken identity, or false allegations.
- 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 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
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 Diamond Bar, CA, the state must prove components like your culpability 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.
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) requires actual physical contact. Each of these can be charged as misdemeanors or felonies, with the state making that decision based on the circumstances. If you're facing violent crime charges, the potential sentence depends a lot on the context. 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. 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 Diamond Bar, CA, Violent Crime Categories We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is one of the most commont types of violent crimes in California. 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." Most people don't realize that to be charged with assault, there only has to be an attempt at causing harm, regardless of whether or not you actually cause harm.
While simple assault charges are harsh in and of themselves, you could also potentially face a severe variation on the charges. 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 aren't official charges, but rather subcategories for more serious 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. You'll find that in many cases, if you're accused of battery in Diamond Bar, CA, you'll also be accused of assault. Meanwhile, criminal threats charges don't even require an attempt at violence, just an attempt to 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. Due to the variation in individual statutes, it's important to hire a violent crimes lawyer who can protect you from any of the possible charges.
Our lawyers also defend the following violent crimes charges in Diamond Bar, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, 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: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad purposes like 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 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: 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 Diamond Bar, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Often, these charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Diamond Bar, CA, gun charges are perilous, a major differentiator is whether you allegedly used the weapon or not. 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.
Meanwhile, discharging a firearm will frequently get you harsher sentences. Particularly for incidents 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 Diamond Bar, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence isn't just 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 charges are saved for when someone alleged hurt a child on purpose, meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, intensifying their seriousness.
Our expert 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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Diamond Bar, CA, prosecutor alleges that you committed an action that broke the law. That said, you might also be up against heightened charges and/or sentencing enhancement if certain circumstances apply.
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 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 commit a crime, and either one of you does something that furthers the commission of the 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, they are frequently used as enhancements to other crimes. The prosecutor in Diamond Bar, CA may charge another crime as a hate crime if they think that the alleged offender committed the crime as an attack against a specific protected group.
Furthermore, our Diamond Bar, CA, violent crimes attorneys can help guard you against California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. With one prior strike, if you are convicted of a new felony, the sentence will be doubled, and you will have to wait significantly longer before earning eligibility for parole. When convicted and given a third strike, the penalty could be 25-years-to-life in prison, with additional restrictions on early release.
Procedural and Governance Charges Defense Lawyers
Diamond Bar, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. 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 set of charges, though these ones 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 Diamond Bar, CA prosecution. On some occasions, when the accusations are especially severe, a federal prosecutor may take over. 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 equipped to be your defense attorney for federal crimes as well as state charges.
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're up against 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.
Because of the importance of witness testimony, it's important to work with a leading violent crimes defense lawyer to build your defense. We can present your side of the story, challenge the prosecution's witnesses, and show an alternative interpretation of the events. If you're on parole or have priors, you could face harsher penalties. Restraining orders may follow if violence is alleged, impacting your life long-term.
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 Diamond Bar, CA, 'good enough' isn't good enough. You want a legal team 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.
- Varied Legal Experience: We have over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how 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 Diamond Bar, CA. We have relationships with local prosecutors and judges, and will lean on them to secure a favorable outcome.
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 properties.
Three Strikes Law Defense in Diamond Bar, CA
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in Diamond Bar, CA. 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.
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.
Diamond Bar, CA, Three Strikes Law Defense Strategies:
- 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.
- Motion for Resentencing: Post-Prop 36, over 2,000 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: 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. Showing lack of intent is key in thse cases.
- Constitutional Challenges: We argue cruel and unusual punishment, especially for disproportionate sentences. 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: 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 Diamond Bar, 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 Diamond Bar, CA over whether California's Three Strikes law is just or not. Reforms continue, but without aggressive defense, clients face lifelong consequences. Don't give up; these cases are winnable. Contact our team today if you need help.
Tenatious Protection Against Violent Crime Charges – Call Our Firm Now
Don't try to face violent crimes accusations alone. The court system is complex. The Diamond Bar, CA, district attorney is strong. And the penalties are brutal. 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 stand idly by and let the state build its case. We don't settle for a bad plea deal, just because it was easier to get. We confront the charges. We listen to your story, craft a resolute defense, and protect your rights from day one until the case is over.
Reach out to us now to begin building your defense. Connect with us at (800) 755-5174 or tell us about your case via our online contact form to speak with a member of our team about how to defend you.
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