Violent Crimes Lawyer El Monte, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk damaging your reputation, ruining your career, and 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're getting expert legal representation to protect you from these 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 El Monte, CA, violent crimes defense lawyers will investigate your case, give you upfront, straightforward answers, and develop defensive tactics that should be effective for your charges. We know that every case is unique and treat every client with respect. If you need to create your defense, phone us at (800) 755-5174 or tell us about your case online 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 Charges
Our team of El Monte, CA, criminal defense lawyers know that every violent crime case is unique, and we build a defense that's suited to your specific case. This is how we do it:
- Learn About Your Story – Every case starts with our client. We want to hear your side of the story.
- Research the Law and Your Case – We'll research the charges and El Monte, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Put Together a Defense Strategy – Our team will recommend a defensive strategy such as self-defense, mistaken identity, or false allegations.
- 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
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. If you're facing accusations of one of these crimes in El Monte, CA, it can be intimidating, but don't panic: The prosecution needs to 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. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
If you're curious about violent crime distinctions, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) involves actually causing harm. Both can be 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. Probation is more likely if you don't have any prior convictions on your record, but particularly aggressive circumstances could wind up with felony charges. At the Law Offices of David S. Chesley, we will fight for your freedom and protect your rights, mounting a tenacious defense against all charges.
Major El Monte, 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. In fact, the literal definition describes it as attempting "a violent injury on somebody." Most people don't realize that to be guilty of assault, one only has to attempt to cause harm, even if you don't 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 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 aren't official charges, but rather subcategories for more serious assault charges
You might be asking yourself now, "What's the difference between assault and battery?" Battery occurs when harm is actually done, instead of only being attempted. You'll find that in many cases, if you're accused of battery in El Monte, 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 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 El Monte, CA. This can include reckless driving, child endangerment, and similar charges. Due to the variation in each of the laws, you need to work with a violent crimes lawyer who can protect you from any of the possible charges.
Our attorneys also can defend you against the below violent crimes charges in El Monte, 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: 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 grim purposes 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 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: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- 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 El Monte, 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.
Often, possession charges are related to a felon in possession of a firearm, but it could also be related to carrying a concealed firearm without a permit or a felon possessing ammunition.
While all El Monte, CA, firearm charges are perilous, one thing that can make a big difference is how you supposedly used the gun. 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 contrary, discharging a firearm will almost always be a more serious charge. Especially 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.
An experienced El Monte, 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
Violent crime charges are bad enough on their own. Domestic accusations, though, are especially hard to fight. Domestic violence has a wider definition than battery on your spouse; it includes any actual harm caused, threats of harm, and even just making someone think that they could be injured. 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.
If the alleged victim was a child, that can also affect which charges are filed. Child abuse is reserved for deliberate acts of violence against children (like hitting them), 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, intensifying their gravity.
Our expert violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. 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
The majority of El Monte, CA, violent crime cases are rooted in some alleged act of violence. But you could also face heightened charges and/or sentencing enhancement for special circumstances.
One of the most common examples is 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 closely related. 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 overt to advance the plan.
Another common sentence enhancement is when an alleged action is charged as a hate crime. Sometimes, a hate crime accusation is its own charge. However, you can also see them used as enhancements to other crimes. The prosecution in El Monte, CA may charge another crime as a hate crime if they believe that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Finally, our El Monte, CA, violent crimes attorneys can help guard 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 a harder time securing early release. When convicted and given a third strike, you are facing 25-years-to-life in prison, with further contstraints on early release.
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 closely related category 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 El Monte, CA prosecution. But for more serious cases, a federal prosecutor will take charge. 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 prepared to defend you against federal crimes as well as 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
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer 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, these can trigger enhancements. 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
Violent crimes charges require top-tier defense attorneys. When you're deciding on a lawyer to protect you in El Monte, CA, it's important to hire a legal team 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 defense results.
- Varied Legal Experience: We have over 50 years of combined courtroom 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 El Monte, 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 properties.
Defending Against California's Three Strikes Law in El Monte
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in El Monte, 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. 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.
El Monte, CA, Three Strikes Law Defense Strategies:
- Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Motion for Resentencing: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- 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: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. Part of this can also involve fighting against prior convictions, and showing that they were unconstitutional or incorrect.
- 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.
A El Monte, CA, client with two priors faced a third strike for assault on a peace officer. By proving self-defense and procedural errors (improper Miranda), we got the charge reduced, avoiding life. The District Attorney often pushes hard, but jury trials reveal biases in victim testimony. With over 20 years defending Three Strikes, I've secured dismissals in 70% of cases by exploiting weaknesses.
Three Strikes disproportionately affects minorities and low-income areas like parts of El Monte, 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 Us Today
You need help when you're fighting against violent crimes allegations. The statutes are convoluted. The El Monte, CA, prosecutor is intimidating. And the penalties are harsh. Without an expert violent crimes lawyer at your side, your innocence and constitutional rights are in danger.
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 faster. We fight. We listen to your story, craft a resolute defense, and protect your freedom from day one until the case is concluded.
Reach out to us now to start building your defense. Connect with us at (800) 755-5174 or fill out our online contact form to speak with amember of our legal team about how to fight these charges.
We also offer the following legal services in El Monte, CA:
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