Violent Crimes Lawyer Garden Grove, 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 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 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 Garden Grove, CA, violent crimes defense lawyers will examine your case, be honest with our recommendations, and develop defense strategies that will 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 build your defense, call us at (800) 755-5174 or tell us about your case online now for a no-obligation, private consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Garden Grove, 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 – Every case starts with our client. We want to hear from you what really happened and why.
- Research the Statutes and Your Case – We'll look into the charges and Garden Grove, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Put Together a Defense Strategy – Our team will recommend a defensive strategy such as self-defense, lack of intent, or procedural error.
- Negotiatiate 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 your case reaches trial, we'll stick with you from start to finish, fighting for a positive outcome.
Understanding Violent Crimes in California: Felony vs. Misdemeanor Charges
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. Before you can be conficted in Garden Grove, CA, the state must prove factors like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. 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, 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), meanwhile battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Both 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 repeat offenders or felony charges are more likely to face harsh penalties. 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 Garden Grove, CA, Violent Crime Allegations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on the person of another." Many people aren't aware 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 is just that: assault with intent to cause serious bodily injury. 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
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. You'll find that in many cases, if you're accused of battery in Garden Grove, CA, you'll also be accused of assault. On the flip side, 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 other charges along those lines. Due to the variation in specific statutes, you need to hire a violent crimes lawyer who knows how to defend each of the charges.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Garden Grove, CA,:
- False Imprisonment: This is defined as an incident when one person confines another to a space against their will, and could be as simple as you allegedly blocking a doorway.
- 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 grim reasons 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 – you're also likely to see hate crime charges in these cases.
- Torture: Torture is used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- 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 Garden Grove, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Frequently, unlawful possession charges are related to a felon in possession of a firearm, but they could also be the result of having a concealed firearm without a permit or a felon possessing ammunition.
While any Garden Grove, CA, gun charges are serious, 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. Most of the time this is charged as a misdemeanor.
On the other hand, discharging a firearm will frequently get you harsher sentences. Especially for cases 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.
A high-quality Garden Grove, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. Domestic accusations, though, are especially hard to fight. 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. 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.
Crimes against children also have their own specific legal categories. Child abuse involves the direct, intentional cause of harm to a child, while child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, raising their gravity.
Our experienced 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
If you're facing violent crime charges in Garden Grove, CA, there's a good chance that they're one of the ones above. But you can also face elevated charges and/or sentencing enhancement if your case meets certain criteria.
One of the most common examples is 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 found guilty of conspiracy if you collaborate with another person to break the law, 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, it's common for them to be used as enhancements to other crimes. The prosecution in Garden Grove, 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.
Lastly, our Garden Grove, 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, if you are convicted of a new felony, the sentence will be doubled, and you won't be eligible for parole until you've served 80% of the sentence. If a conviction would be your third strike, you are facing 25-years-to-life in prison, with additional contstraints on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Garden Grove, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer is more heavily penalized than assault against other civilians, 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 penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
These charges, as well as all the charges listed above, are most often handled by the Garden Grove, CA, local prosecutor. But when the state views a case as extra severe, 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 in addition to state charges.
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is 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 priors, you could face harsher penalties. 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 a lawyer to defend you in Garden Grove, CA, 'good enough' isn't good enough. You want a firm 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 is know for our successful violent crime case results.
- Diverse Legal Experience: We have over 50 years of combined law 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.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Garden Grove, 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 someone with all those characteristics.
Three Strikes Law Defense in Garden Grove, CA
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in Garden Grove, CA. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. 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. 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.
Defense Strategies Under Three Strikes:
- 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: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. 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. Showing lack of intent is key in thse cases.
- Constitutional Challenges: We argue cruel and unusual punishment, especially for disproportionate sentences. 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.
Three strikes charges are not something to take lightly. If you're facing a third strike in Garden Grove, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Garden Grove, CA. Reforms continue, but without aggressive defense, clients face lifelong consequences. Don't give up; these cases are winnable. Contact our team today if you need help.
Staunch Protection Against Violent Crime Charges – Call Our Lawyers Now
Violent crimes charges are tough to fight on your own. The legal system is complicated. The Garden Grove, CA, prosecutor is powerful. And the sentences are grim. 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 accept a poor plea deal, just because it was faster. We fight. We start every case by listening to our client, and protect your freedom from when we first speak until the case is concluded.
Reach out to us now to begin putting together your defense. Call (800) 755-5174 or tell us about your case via our online contact form to speak with an attorney about how to fight these charges.
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