Violent Crimes Lawyer La Jolla, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk damaging your reputation, devastating your career, and possibly worst of all, a lengthy prison sentence. But accusations are not the same as convictions. And when you call the Law Offices of David S. Chesley, Inc., you get a shield that will guard you from these legal and personal 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 skillful La Jolla, CA, violent crimes defense lawyers will look into your case, tell you the truth about your situation, and develop defensive tactics that will be effective for your charges. We know that every case is unique and treat every client with respect. If you're ready to create your defense, speak with one of our representatives (800) 755-5174 or reach out online today 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 Charges
Our team of La Jolla, CA, criminal defense lawyers know that every violent crime case is unique, and we design our defensive strategy around the specifics of your situation. Here's how we'll do that for your case:
- Listen to 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 research the specifics of the charges and La Jolla, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Craft a Defense Strategy – Our team will recommend a defensive strategy such as defense, consent, or procedural error.
- Negotiatiate With the State – Any time we communicate with the La Jolla prosecution about your case, we will stand strong to find a deal that works for you.
- 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
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 La Jolla, CA, it can be intimidating, but don't panic: The prosecution must prove components like your culpability 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. 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) does not require any actual harm done (just an attempt or threat), meanwhile battery (Penal Code 242) requires actual physical contact. Both can be charged as misdemeanors or felonies; it's up to the prosecution to decide what to charge. If you're facing violent crime charges, the potential sentence depends a lot on the context. Probation is more likely if you don't have any prior convictions on your record, but particularly aggressive circumstances could wind up with felony charges. At the Law Offices of David S. Chesley, we will fight for your freedom and protect your rights, mounting a tenacious defense against all charges.
Major La Jolla, 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. 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, there are several more serious variations of them. Aggravated assault types of charges stem from attempts to cause serious harm, rather than just harm in general. 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
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 just being attempted. You'll find that in many cases, if you're accused of battery in La Jolla, CA, you'll also be accused of assault. Meanwhile, criminal threats charges can result even from a nonviolent altercation. All you have to do is intimidate someone. Regardless of whether you wanted to (or even could) follow through on the threats, you can be found guilty.
We also commonly defend reckless endangerment charges in La Jolla, CA. This can include reckless driving, child endangerment, and similar charges. As a result of the difference in specific laws, it's paramount to find a violent crimes lawyer who knows how to defend each of the charges.
Our lawyers also defend the following violent crimes charges in La Jolla, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra grim purposes 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: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – 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: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- 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
The right to bear arms comes with many restrictions and responsibilities in La Jolla, CA. California firearm offenses vary widely in nature and scope, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Frequently, these charges are related to a felon in possession of a firearm, but they could also be the result of carrying a concealed firearm without a permit or a felon possessing ammunition.
While all La Jolla, CA, firearm charges are perilous, 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. This is often prosecuted as a misdemeanor instead of a felony.
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, the penalties are very harsh.
An expert La Jolla, 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
Violent crime charges are bad enough on their own. Domestic accusations, though, are especially hard to fight. Domestic violence isn't just battery on your spouse; it includes intentional or unintentional harm, threats of harm, and even just making someone think that they could be injured. 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 involves the direct, intentional cause of harm to a child, while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges can be filed together, heightening 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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the La Jolla, CA, prosecutor alleges that you committed an action that broke the law. But you could also need to fight increased charges and/or sentencing enhancement if certain circumstances apply.
One of the most common examples is 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 dangerous because you can face penalties without having personally done something actively wrong. You can be convicted of conspiracy if you agree with someone else to commit a crime, and either one of you does something overt to advance the plan.
Another way you can see your sentence raised is if you're accused of a hate crime. Hate crime charges can be their own case, but, they are frequently used as enhancements to other charges. The prosecution in La Jolla, CA may charge another crime as a hate crime if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Lastly, our La Jolla, CA, violent crimes attorneys can help protect 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, the sentence could be increased to 25-years-to-life in prison, with further limitations on early release.
Procedural and Governance Charges Defense Lawyers
La Jolla, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a closely related 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 La Jolla, CA, local prosecutor. But for more serious cases, a federal prosecutor will take charge. 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 proud 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
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential for 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.
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. Restraining orders may follow if violence is alleged, impacting your life long-term.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges need high-quality defense lawyers. When you're deciding on an attorney to fight your case in La Jolla, 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.
- Varied Legal Experience: Our team has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how the state prosecutes these cases, and how to fight against them.
- Relationships in Your Area's Court: We're ready for your case in La Jolla, 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.
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 La Jolla, 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. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
As a violent crime defense attorney, I dedicate extensive resources to 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:
- Challenging Prior Strikes: Romero motions can be used to request a judge to remove an existing strike on your record. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Resentencing Petitions: After Proposition 36 was passed in 2012, thousands of people have been resentenced. Our legal team will petition for a reduction in sentences when your 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: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. 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. 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.
A La Jolla, 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 La Jolla, 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 Our Lawyers Now
Violent crimes charges are tough to fight on your own. The legal system is complicated. The La Jolla, CA, district attorney is powerful. And the consequences are heavy. Without an expert violent crimes lawyer at your side, your innocence 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 faster. We confront the charges. We listen to your story, craft a resolute defense, and protect your rights from the day you call until the case is over.
Contact us now to start building your defense. Call us at (800) 755-5174 or tell us about your case via our online contact form to speak with an attorney about how to defend you.
We also offer the following legal services in La Jolla, CA:
Payment Plans
