Violent Crimes Lawyer El Monte, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk destroying your reputation, hurting your career, and worst yet, a lengthy prison sentence. 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 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 El Monte, CA, violent crimes defense lawyers will research your case, give you honest advice, and come up with defense strategies that should be effective for your case. 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 contact us online today for a no-obligation, private consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Allegations
Our team of El Monte, 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 About Your Story – Every case starts with our client. You can be honest with us about everything, and we'll start with your perspective.
- Research the Statutes and Your Case – We'll research the specifics of the charges and El Monte, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Build a Defense Strategy – Our team will recommend a defensive strategy such as self-defense, consent, or false allegations.
- Plea Bargain With the State – Any time we communicate with the El Monte prosecution about your case, we will stand strong to find a deal that works for you.
- Fight At Trial – If your case reaches 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
Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. The El Monte, CA, prosecution, often led by the District Attorney, needs to prove factors like your culpability 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). 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.
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) involves an attempt or threat to harm, while battery (Penal Code 242) requires actual physical contact. Each of these can be misdemeanors or felonies, depending on severity. 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 particularly aggressive circumstances could wind up with felony charges. 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 El Monte, CA, Violent Crime Allegations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is one of the most commont types of violent crimes in California. In fact, the literal definition describes it as attempting "a violent injury on someone else." Most people don't know that to be charged with assault, one only has to attempt to cause 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 types of charges stem from attempts to cause serious harm, rather than just harm in general. Another similar one is assault with a deadly weapon: Attempts to harm while using a non-firearm weapon. 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 a step past assault, and allegations include actual harm being caused, instead of just being attempted. In El Monte, CA, it's common to be charged with both at the same time after an altercation. On the other hand, 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.
We also commonly defend reckless endangerment charges in El Monte, CA. This can include reckless driving, child endangerment, and similar charges. Because of the difference in specific statutes, you need to work with a violent crimes lawyer who knows how to defend each of the charges.
Our lawyers also defend the following violent crimes charges in El Monte, CA,:
- False Imprisonment: This is defined as an incident 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 specific, 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 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: Arson involves the intentional and unlawful burning of property, as opposed to reckless burning, which is an unintentional version of the same things.
- 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 El Monte, CA. California firearm offenses can result from any number of statute violations, and you can get in trouble for something as simple as unlawful possession.
Commonly, possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any El Monte, CA, firearm charges are significant, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon does not typically involve firing the gun, but instead using it to make a threat. This is often prosecuted as a misdemeanor instead of a felony.
On the contrary, discharging a firearm will frequently get you harsher sentences. Particularly in cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An expert El Monte, CA, violent crimes defense attorney will fight no just to keep you out of prison, but also to prevent 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 isn't just battery on your spouse; it includes injuries of all kinds, 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 charges are saved for when someone alleged hurt a child on purpose, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, heightening 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 El Monte, CA, prosecutor alleges that you committed an action that broke the law. However, you can also be up against increased charges and/or sentencing enhancement should your case fall into certain categories.
One of the most common examples is gang enhancements. If a crime was committed in the furtherance of gang activities, the sentence you face can be increased by several years. Conspiracy charges are another group-related charge. You could be convicted of conspiracy if you collaborate with another person 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. While hate crimes can be standalone offenses, they are frequently used as enhancements to other charges. The prosecutor in El Monte, CA may charge another crime as a hate crime if they believe that the alleged offender committed the crime as an attack against a specific protected group.
Finally, our El Monte, CA, violent crimes attorneys can help defend you against California's three strikes law. This law allows the government to keep track of your criminal history and assign "strikes" to certain felony convictions. 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. With two prior strikes, the penalty could be 25-years-to-life in prison, with further restraints on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in El Monte, CA, the allegations can be even more severe. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a similar set of charges, though these ones 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 El Monte, CA, local prosecutor. 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 defend you against 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 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.
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 any convictions on your record, these can trigger enhancements. 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 picking an attorney to protect you in El Monte, CA, it's important to hire 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 is know for our successful violent crime defense results.
- Varied Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how the state prosecutes these cases, and how to fight against them.
- Relationships in Your Area's Court: We handle court cases all over California, including in El Monte, CA. We know 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 those qualities.
Defending Against California's Three Strikes Law in El Monte
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in El Monte, CA, into something much more serious. 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.
As a violent crime defense attorney, I dedicate extensive resources to Three Strikes cases. 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.
El Monte, CA, Three Strikes Law Defense Strategies:
- 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.
- Resentencing Petitions: 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: 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: We argue cruel and unusual punishment, especially for disproportionate sentences. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Life After Conviction: 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 El Monte, 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 El Monte, CA over whether California's Three Strikes law is just or not. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Ferocious Protection Against Violent Crime Charges – Call Our Attorneys Right Away
Don't try to face violent crimes accusations alone. The laws are convoluted. The El Monte, CA, district attorney is strong. And the sentences are brutal. If you don't have an expert violent crimes lawyer to defend you, your freedom 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 settle for a bad plea deal, just because it was faster. We battle the state. We make a defense with you at the center, and fight for your rights from the day you call until the case is done.
Reach out to us now to start putting together your defense. Call (800) 755-5174 or let us know how we can help you on our online contact form to speak with a member of our team about how to fight these charges.
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