Violent Crimes Lawyer Escondido, CA. Fighting violent crimes charges is critical to your future. They risk destroying your reputation, ruining your career, and possibly worst of all, a trip to jail or prison. But all hope is not lost. And with the Law Offices of David S. Chesley, Inc., you have someone protecting you from these legal and personal 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 experienced Escondido, CA, violent crimes defense lawyers will research your case, be honest with our recommendations, and develop defense tactics that will be effective for your circumstances. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to craft your defense, speak with one of our representatives (800) 755-5174 or reach out online today for a free, confidential consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of Escondido, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we build a defense that's suited to your specific case. It all starts with the following steps:
- Learn Your Story – When we build a defense, it all starts with you. We want to hear your side of the story.
- Research the Law and Your Case – We'll investigate the charges and Escondido, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as defense of others, lack of intent, or false allegations.
- Plea Bargain With the State – For many cases, the easiest way to a positive outcome is through a plea deal. When we negotiate plea deals with the state, we don't give up and fight to get something favorable.
- Fight At Trial – If there is a 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. Before you can be conficted in Escondido, CA, the state needs to prove elements like your culpability beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. 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. Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
As an example of the variety of case types, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), 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. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. A first-time misdemeanor assault might lead to probation, but aggravating factors like a weapon could mean jail time. 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 Escondido, 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. In fact, the literal definition describes it as attempting "a violent injury on somebody." Many people aren't aware that to be guilty of assault, one only has to attempt to cause harm, not necessarily actually cause harm.
Simple assault charges are usually a misdemeanor, however 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. Another similar one is assault with a deadly weapon: Assault 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 simply being attempted. In Escondido, CA, it's common to be charged with both at the same time after an altercation. 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.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and similar charges. As a result of the variation in each of the laws, it's important to hire a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Here are some other related violent crimes charges our attorneys defend in Escondido, CA,:
- False Imprisonment: This is defined as an incident when an individual detaining another without just cause, and could be as simple as you allegedly blocking a doorway.
- Kidnapping: Kidnapping is different from false imprisonment because it involves forcibly moving a person from one location to another.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for specific, extra bad reasons like 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 used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- Mayhem: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- 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 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
While most people do still have the right to own a firearm in Escondido, CA, it comes with many constraints. California firearm offenses can result from any number of statute violations, 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 it could also be related to having a concealed firearm without a permit or a felon possessing ammunition.
While all Escondido, CA, gun charges are major, the way the firearm was (and wasn't) allegedly used can make a big difference. 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.
Meanwhile, discharging a firearm will frequently get you harsher sentences. Particularly in incidents such as a drive-by shooting or shooting at an inhabited dwelling, you can be looking at years in prison and/or thousands of dollars in fines.
An excellent Escondido, 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. But if family is involved, they get even scarier. Domestic violence has a wider definition than battery on your spouse; it includes intentional or unintentional harm, threats of abuse, and even just placing someone in fear of harm. 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.
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, while child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, expanding their seriousness.
Our household violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We also defend against animal cruelty charges, elder abuse charges, and, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Escondido, CA, violent crime cases are rooted in some alleged act of violence. That said, you could also need to fight heightened charges and/or sentencing enhancement if your case meets certain criteria.
One of the most common examples is gang enhancements. If a crime was committed in the furtherance of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are another group-related charge. You could be convicted of conspiracy if you make a plan with someone 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. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The prosecution in Escondido, CA is likely to apply a hate crime label if they think that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Additionally, our Escondido, 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, 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 restraints on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Escondido, 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 similar 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 Escondido, CA prosecution. But for more serious cases, 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 proud to be your defense attorney for federal crimes as well as state charges.
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer if you're facing 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..
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, you could face harsher penalties. 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 deciding on an attorney to defend your rights in Escondido, CA, it's important to hire someone with the below 3 qualities:
- Prior Success: You don't want someone who's new to the California legal system, or new to your type of charge. 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 know the ways the state prosecutes these cases, and how to fight against them.
- Local Relationships: Our team of attorneys cover cases across the state, including in Escondido, 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 properties.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Escondido, CA, into something much more serious. 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.
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 Against Three Strikes Charges in Escondido, CA:
- 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: 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: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. 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. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Life After Conviction: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
A Escondido, 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 Escondido, 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 Protection Against Violent Crime Charges – Call Our Legal Team Now
Don't try to face violent crimes accusations alone. The court system is convoluted. The Escondido, CA, district attorney is powerful. And the punishments are harsh. If you're lacking 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 wait and watch the prosecution make its case against you. We don't accept a poor plea deal, just because it was easier to get. We battle the state. We make a defense with you at the center, and defend your rights from day one until the case is done.
Reach out to us now to begin putting together your defense. Call us at (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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