Violent Crimes Lawyer Huntington Beach, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk harming your reputation, setting back your career, and perhaps worst of all, a long time in jail or prison. But all hope is not lost. And with the Law Offices of David S. Chesley, Inc., you get a shield that will guard 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 expert Huntington Beach, CA, violent crimes defense lawyers will investigate your case, tell you the truth about your situation, and develop defensive tactics that will be effective for your situation. We view your case, and you as a person, as unique and deserving of individual attention. If you need to craft your defense, speak with one of our representatives (800) 755-5174 or reach out online today for a free, private consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of Huntington Beach, 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. Here's how we'll do that for your case:
- Learn Your Story – When we build a defense, it all starts with you. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll research the specifics of the charges and Huntington Beach, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Craft a Defense Strategy – Our team will recommend a defensive strategy such as defense, lack of intent, or procedural error.
- Negotiatiate With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- Fight At Trial – If there is a trial, we'll stick with you from start to finish, fighting for a positive outcome.
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. The Huntington Beach, CA, prosecution, often led by the District Attorney, must prove components like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
If you're curious about violent crime distinctions, the difference between assault and battery in California is critical: 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 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 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 Huntington Beach, 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. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on somebody." A lot of people don't realize that to be guilty of assault, one only has to attempt to cause harm, even if you don't actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault is just that: assault with intent to cause serious bodily injury. 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
You might be asking yourself now, "What's the difference between assault and battery?" Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of simply being attempted. In Huntington Beach, CA, it's common to be charged with both at the same time after an altercation. Meanwhile, 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 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 Huntington Beach, CA. This can include reckless driving, child endangerment, and other charges along those lines. Due to the variation in individual statutes, it's paramount to have a violent crimes lawyer who can protect you from any of the possible charges.
The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in Huntington Beach, 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 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 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 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 Huntington Beach, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Frequently, possession charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm without a permit or a felon possessing ammunition.
While all Huntington Beach, CA, gun charges are major, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm will frequently get you harsher sentences. Especially for incidents 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 Huntington Beach, 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 injuries of all kinds, threats of abuse, and even just placing someone in fear of harm. 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.
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, amplifying 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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Huntington Beach, CA, there's a good chance that they're one of the ones above. That said, you can also need to fight elevated charges and/or sentencing enhancement if certain circumstances apply.
One way we frequently see penalties increased is through gang enhancements. When an alleged offender has a past history of supposed gang activity, and this new charge was in some way related to a gang, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are closely related. You can be found guilty of conspiracy if you collaborate with someone else to commit a crime, 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. While hate crimes can be standalone offenses, they are often used as enhancements to other charges. The prosecution in Huntington Beach, CA is likely to apply a hate crime label if they think that the alleged offender committed the crime as an attack against a specific protected group.
Finally, our Huntington Beach, CA, violent crimes attorneys can help defend you against California's three strikes law. This law allows the government to keep track of your criminal history and assign "strikes" to certain felony convictions. With one prior strike, if you are convicted of a new felony, the sentence will be doubled, and you will have to wait significantly longer before earning eligibility for parole. With two prior strikes, the penalty could be 25-years-to-life in prison, with further limitations on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Huntington Beach, 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 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 Huntington Beach, CA, local prosecutor. Sometimes, though, a federal prosecutor may fight against you. 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 ready to be your defense attorney for federal crimes as well as state charges.
Additional Miscellaneous Violent Crime Defense Services We Offer
- Aggravated Battery
- Assault With Force Likely to Produce Great Bodily Injury
- Battery On a Spouse or Cohabitant or Dating Partner
- Contempt for Violating a Domestic Violence Court Order
- Corporal Injury on a Spouse or Cohabitant
- Dissuading a Witness or Victim/Witness Intimidation
- Expungement/Record Clearance After Violent Crime Conviction
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're up against charges like armed robbery, where force or fear is used to take property. Penalties can reach 9 years in prison, especially if a weapon is involved. First-degree burglary, entering a residence with intent to steal, is a felony with 2-6 years. Carjacking (PC 215) involves taking a vehicle by force, punishable by up to 9 years.
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 prior convictions, 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 protect you in Huntington Beach, CA, you want a legal team 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 has a history of successful violent crime defense results.
- Expansive Legal Experience: Our team has over 50 years of combined courtroom 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: We're ready for your case in Huntington Beach, CA. We are familiar 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 those qualities.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Huntington Beach, CA. 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.
As a violent crime defense attorney, I dedicate extensive resources to 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 Against Three Strikes Charges in Huntington Beach, CA:
- Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Motion for Resentencing: After Proposition 36 was passed in 2012, thousands of people have been resentenced. 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: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. Lack of intent defenses prevent strike enhancements.
- 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. We can also look into prior cases to see if there were any procedural errors that should have resulted in an acquittal.
- 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.
A Huntington Beach, 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 Huntington Beach, CA over whether California's Three Strikes law is just or not. Whatever the future holds, in the present, you need a leading three strikes defense attorney. Don't give up; these cases are winnable. Contact our team today if you need help.
Tenatious Defenses Against Violent Crime Charges – Call Our Lawyers Today
Violent crimes charges are tough to fight on your own. The statutes are convoluted. The Huntington Beach, CA, district attorney is strong. And the consequences are tough. Without an expert violent crimes lawyer at your side, your freedom and constitutional rights are at risk.
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 the first one offered. We fight. We listen to your story, craft a resolute defense, and protect your freedom from day one until the case is done.
Contact us now to start building your defense. Connect with us at (800) 755-5174 or let us know how we can help you on our online contact form to speak with amember of our legal team about how to protect your rights.
We also offer the following legal services in Huntington Beach, CA:
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