Violent Crimes Lawyer Fullerton, CA. Fighting violent crimes charges is critical to your future. They risk wrecking your reputation, setting back your career, and possibly worst yet, a lengthy prison sentence. But all hope is not lost. And when you work with the Law Offices of David S. Chesley, Inc., you have someone protecting 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 Fullerton, CA, violent crimes defense lawyers will investigate your case, give you honest advice, and look for defense tactics that can be used for your circumstances. We know that every case is unique and treat every client with respect. If you're ready to construct your defense, contact us at (800) 755-5174 or contact us online now for a no-obligation, confidential consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations
Our team of Fullerton, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we build a defense that's suited to your specific case. It all starts with the following steps:
- Listen to Your Story – We believe that you should be at the center of your defense. You can be honest with us about everything, and we'll start with your perspective.
- Research the Law and Your Case – We'll investigate the charges and Fullerton, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Build a Defense Strategy – We'll recommend a defensive strategy such as defense, lack of intent, 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 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
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 Fullerton, CA, it can be intimidating, but don't panic: The prosecution must prove factors like intent and harm 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, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), while battery (Penal Code 242) requires actual physical contact. Each of these can be charged as misdemeanors or felonies; it's up to the prosecution to decide what to charge. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. A first-time misdemeanor assault might lead to probation, but aggravating factors like a weapon could mean jail time. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
Major Fullerton, CA, Violent Crime Allegations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
When you ask someone to name an example of a violent crime, there's a good chance they'll mention assault. In fact, the literal definition describes it as attempting "a violent injury on someone else." A lot of people are unaware that to be charged with assault, one only has to attempt to cause harm, not necessarily actually cause harm.
While simple assault charges are harsh in and of themselves, the line can be fuzzy between simple assault and some of it's more serious versions. 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 weapon other than a gun. These variations don't actually have statutes of their own, and instead are nicknames used to describe specific assault cases
Now that we've covered assault, let's discuss battery. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of only being attempted. In Fullerton, 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 Fullerton, CA. This can include reckless driving, child endangerment, and similar charges. Due to the difference in individual laws, you need to have a violent crimes lawyer who knows how to defend each of the charges.
The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in Fullerton, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra grim purposes such as forced labor or sex.
- Stalking: California stalking law requires more than just following another person who doesn't like it – it also requires that the accused make a credible threat.
- Terrorist Threats: Terrorist threats aren't their own statute, but are an unofficial term for certain criminal threats charges – you can expect there to be links to hate crimes 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 charges allege that you intentionally lit something on fire that you weren't allowed to.
- 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 Fullerton, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
Most commonly, unlawful possession charges are related to a felon in possession of a firearm, but you could also face them for carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Fullerton, CA, firearm charges are perilous, the way the firearm was (and wasn't) allegedly used can make a big difference. Brandishing a weapon is when one person shows another a gun (or other weapon) to intimidate them, not necessarily firing it. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Especially 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 expert Fullerton, 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
Violent crime charges are bad enough on their own. 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 any actual harm caused, threats of harm, and even just causing a situation where someone is afraid they'll be hurt. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
Crimes against children also have their own specific legal categories. 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 can be filed together, amplifying their seriousness.
Our household 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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Fullerton, CA, violent crime cases are rooted in some alleged act of violence. However, you might also need to fight increased charges and/or sentencing enhancement if certain circumstances apply.
One of the most common examples is gang enhancements. If a different crime was committed as a part of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are closely related. You could be found guilty of conspiracy if you agree with someone else to commit a crime, 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. While hate crimes can be standalone offenses, it's common for them to be used as enhancements to other charges. The prosecutor in Fullerton, 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.
Furthermore, our Fullerton, CA, violent crimes attorneys can help defend 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, sentences for felony convictions are doubled, and you will have to wait significantly longer before earning eligibility for parole. With two prior strikes, you are facing 25-years-to-life in prison, with further limitations on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Fullerton, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a similar category of charges, though this 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 Fullerton, CA, local prosecutor. But for more serious cases, a federal prosecutor may fight against you. 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 represent you against federal crimes as well as state charges.
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer if you're up against charges like carjacking (PC 215). Carjacking goes beyond grand theft: While grand theft auto involves the taking of a vehicle without its owner's permission, it doesn't necessarily include any interaction with the owners themselves. Carjacking, on the other hand, does involve a forceful interaction with the owner. Because of this, it carries a harsher penalty because of its violent nature, up to 9 years in prison.
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 priors, these can trigger enhancements. Particularly for violent robberys, you're more likely to be given a restraining order against he alleged victim.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges need high-quality defense lawyers. When you're deciding on an attorney to defend your rights in Fullerton, CA, it's important to hire someone 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 is know for our successful violent crime case results.
- Diverse Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have inside knowledge of the ways the state prosecutes these cases, and how to fight against them.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Fullerton, CA. We have relationships with local prosecutors and judges, and will leverage our relationships in your negotiations.
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.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Fullerton, CA, clients, as it dramatically enhances sentences for repeat offenders. 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. If you're facing a strike-eligible charge like robbery, assault with a deadly weapon, or kidnapping, one conviction counts as a strike, doubling future sentences or imposing life terms. For example, a third strike for shoplifting (if priors are strikes) could mean life—though reforms limit this to violent thirds.
Defense Strategies Against Three Strikes Charges in Fullerton, CA:
- Challenging Prior Strikes: Romero motions can be used to request a judge to remove an existing strike on your record. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Resentencing Petitions: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. 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. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Your Future: On top of increasing your sentence, strikes delay parole eligibility. We advocate for early release or expungement where possible.
A Fullerton, 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 Fullerton, CA. Reforms continue, but without aggressive defense, clients face lifelong consequences. If you're facing a third strike in California, it's easy to feel despair. But your case isn't over yet – call the Law Offices of David S. Chesley today to fight for your freedom.
Tenatious Protection Against Violent Crime Charges – Call Us Today
Don't try to face violent crimes accusations alone. The statutes are complex. The Fullerton, CA, district attorney is powerful. And the consequences are harsh. Without an expert violent crimes lawyer at your side, your liberty 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 the first one offered. We fight. We make a defense with you at the center, and protect your freedom from day one until the case is concluded.
Contact us now to start putting together your defense. Connect with us at (800) 755-5174 or fill out our online contact form to speak with a member of our team about how to protect your rights.
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