Violent Crimes Lawyer Hesperia, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk wrecking your reputation, setting back your career, and possibly worst of all, a lengthy prison sentence. But accusations are not the same as convictions. And with the Law Offices of David S. Chesley, Inc., you have someone protecting you from these devestating consequences. We defend all of the following violent crime categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our expert Hesperia, CA, violent crimes defense lawyers will listen to you about your case, tell you the truth about your situation, 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 need to craft your defense, contact us at (800) 755-5174 or reach out online today for a no-obligation, private consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Hesperia, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we design our defensive strategy around the specifics of your situation. Here's how we'll do that for your case:
- Learn 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 investigate the charges and Hesperia, 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 defense of others, mistaken identity, or procedural error.
- Negotiatiate With the State – Any time we communicate with the Hesperia prosecution about your case, we will stand strong to find a deal that works for you.
- 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
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. The Hesperia, CA, prosecution, often led by the District Attorney, 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. 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.
If you're curious about violent crime distinctions, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) involves actually causing harm. Each of these can be charged as misdemeanors or felonies, with the state making that decision based on the circumstances. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. First-time offenders facing misdemeanor charges are more likely to avoid prison, 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 Hesperia, CA, Violent Crime Categories 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. 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." Most people aren't aware that to be charged with assault, there only has to be an attempt at causing harm, not necessarily actually cause harm.
Simple assault charges are usually a misdemeanor, however 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. Another similar one is assault with a deadly weapon: Committing assault while using a weapon other than a gun. These variations are not actually given their own specific laws in California, but instead are lumped together under the broad umbrella of "assault laws."
As discussed above, assault only requires an attempt to cause harm. Battery occurs when harm is actually done, rather than simply being attempted. You'll find that in many cases, if you're accused of battery in Hesperia, CA, you'll also be accused of assault. On the flip side, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. 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. Due to the variation in each of the statutes, you need to find a violent crimes lawyer who knows how to defend each of the charges.
Our violent crime defense attorneys can also help you fight the following charges in Hesperia, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad purposes such as 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 – 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: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- Arson: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in Hesperia, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, 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 they could also be the result of having a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Hesperia, CA, gun charges are serious, a major differentiator is whether you allegedly used the weapon or not. 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 in cases 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.
A high-quality Hesperia, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. 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 intentional or unintentional harm, threats of abuse, and even just causing a situation where someone is afraid they'll be hurt. 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.
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, amplifying their gravity.
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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Hesperia, CA, there's a good chance that they're one of the ones above. That said, you can also face increased charges and/or sentencing enhancement should your case fall into certain categories.
One way we frequently see penalties increased is through 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 convicted of conspiracy if you make a plan with someone else to commit a crime, and either one of you takes action towards committing that crime.
You could also see increased penalties if you're being charged with 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 Hesperia, CA may charge another crime as a hate crime if the alleged offender committed the crime as an attack against a specific protected group.
Lastly, our Hesperia, CA, violent crimes attorneys can help protect 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. 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
Hesperia, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. 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 these ones can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
For the majority of violent crime charges, you'll be up against the local Hesperia, CA prosecution. 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 proud to represent you against federal crimes as well as state charges.
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer for 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.
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. 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 require top-tier defense attorneys. When you're deciding on a lawyer to defend your rights in Hesperia, CA, you want a legal team with the below 3 qualities:
- Prior Success: You want a lawyer who knows how to fight your specific charge. Our team is know for our successful violent crime defense results.
- Expansive Legal Experience: The Law Offices of David S. Chesley, Inc., 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.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Hesperia, CA. We know 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 characteristics.
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 Hesperia, 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. Because of this, it's even more critical for you to work with an expert violent crimes defense lawyer if you have any prior convictions on your record.
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 Hesperia, CA:
- Challenging Prior Strikes: 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. 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: 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. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Life After Conviction: Stirkes not only add onto your sentence: they also delay parole eligibility. We advocate for early release or expungement where possible.
Three strikes charges are not something to take lightly. If you're facing a third strike in Hesperia, 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Hesperia, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. 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 Defenses Against Violent Crime Charges – Call Our Legal Team Now
You need help when you're fighting against violent crimes allegations. The laws are convoluted. The Hesperia, CA, district attorney is intimidating. And the penalties are steep. 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 settle for a bad plea deal, just because it was easier to get. We battle the state. We start every case by listening to our client, and fight for your rights from day one until the case is done.
Reach out to us now to start 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 defend you.
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