Violent Crimes Lawyer Fontana, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk harming your reputation, ruining your career, and perhaps worst yet, a long time in jail or prison. But you have a chance at a more positive outcome. And with the Law Offices of David S. Chesley, Inc., you get a shield that will guard 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 skillful Fontana, CA, violent crimes defense lawyers will investigate your case, be honest with our recommendations, and develop defense tactics that will be effective for your circumstances. We know that every case is unique and treat every client with respect. If you're ready to create your defense, contact us at (800) 755-5174 or send us a note online today for a no-obligation, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Fontana, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we give each of our clients' cases a tailored defense. It all starts with the following steps:
- Learn Your Story – We believe that you should be at the center of your defense. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll research the specifics of the charges and Fontana, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Build a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense, consent, or procedural error.
- 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 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. The Fontana, CA, prosecution, often led by the District Attorney, must prove components like your culpability beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. 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. 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.
For instance, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, meanwhile battery (Penal Code 242) involves actually causing harm. Both can be misdemeanors or felonies, depending on severity. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. 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 Fontana, 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 somebody." A lot of people don't realize that to be charged with assault, one only has to attempt to cause harm, even if you don't actually cause harm.
Simple assault charges are usually a misdemeanor, however you could also potentially face a severe variation on the charges. Aggravated assault is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Committing assault while using a non-firearm weapon. These variations don't actually have statutes of their own, and instead are nicknames used to describe specific assault cases
You might be asking yourself now, "What's the difference between assault and battery?" Battery is a step past assault, and allegations include actual harm being caused, rather than only being attempted. In Fontana, 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.
Reckless endangerment charges are another set of charges that are typical in Fontana, CA. This can include reckless driving, child endangerment, and similar charges. As a result of the difference in individual laws, it's paramount to work with a violent crimes lawyer who can protect you from any of the possible charges.
Our violent crimes defense lawyers can also help you with the following charges in Fontana, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, for example, locking another person in a room.
- 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 particular, extra grim 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 are another form of criminal threats – you're also likely to see hate crime charges 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 charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Fontana, CA. California firearm offenses cover a large swath of statutes, and you can get in trouble for something as simple as unlawful possession.
Often, these 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 any Fontana, CA, firearm charges are major, 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. Most of the time this is charged as a misdemeanor.
On the other hand, discharging a firearm can greatly increase the punishment you're facing. Particularly for 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 Fontana, 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 goes beyond battery on your spouse; it includes any actual harm caused, threats of harm, 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 involves the direct, intentional cause of harm to a child, 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 household 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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Fontana, CA, violent crime cases are rooted in some alleged act of violence. That said, you could also be up against elevated charges and/or sentencing enhancement for special circumstances.
In many cases, the punishments can be heightened via gang enhancements. If a different crime was committed as a part 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 could be convicted of conspiracy if you make a plan with another person to break the law, and either one of you does something overt to advance the plan.
You could also see increased penalties if you're being charged with a hate crime. Hate crime charges can be their own case, but, you can also see them used as enhancements to other crimes. The district attorney in Fontana, 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 Fontana, CA, violent crimes attorneys can help guard you from 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, if you are convicted of a new felony, the sentence will be 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 restrictions on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Fontana, CA, the allegations can be even more severe. Assault on a police officer carries harsher penalties than simple assault, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a similar set of charges, though this 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 Fontana, CA prosecution. On some occasions, when the accusations are especially severe, a federal prosecutor may take over. 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 prepared to defend you against federal crimes in addition to state charges.
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential 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..
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 prior convictions, 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 require top-tier defense attorneys. When you're deciding on a lawyer to defend you in Fontana, CA, it's important to hire a firm with the below 3 qualities:
- A History of Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team has a history of successful violent crime defense results.
- Diverse Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We have experience in the ways the state builds its case against you, and how to poke holes in it.
- Local Relationships: Our team of attorneys cover cases across the state, including in Fontana, CA. We have relationships with local prosecutors and judges, and will leverage our relationships in your negotiations.
When fighting your violent crimes case, you don't want to gamble on an attorney who's unprepared or doesn't meet these criteria. And with the Law Offices of David S. Chesley, Inc., you'll get those qualities.
Three Strikes Law Defense in Fontana, CA
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Fontana, 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. 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.
Defense Strategies Under Three Strikes:
- File Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Motion for Resentencing: Post-Prop 36, over 2,000 have been resentenced. Our legal team will petition for a reduction in sentences when your 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: 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. We advocate for early release or expungement where possible.
A Fontana, 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.
There is much debate in Fontana, 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. We're ready for your case. Call now to start building your defense.
Ferocious Defenses Against Violent Crime Charges – Call Our Lawyers Now
Violent crimes charges are tough to fight on your own. The statutes are complex. The Fontana, CA, prosecutor is intimidating. And the sentences are tough. Without an expert violent crimes lawyer at your side, your freedom and constitutional rights are in danger.
At the Law Offices of David S. Chesley, Inc., we don't take a passive approach to your defense. We don't accept a poor plea deal, just because it was faster. We fight. We start every case by listening to our client, and fight for your freedom from the day you call until the case is concluded.
Reach out to us now to begin 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 an attorney about how to defend you.
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