Violent Crimes Lawyer La Jolla, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk harming your reputation, hurting your career, and possibly worst yet, a trip to jail or prison. But accusations are not the same as convictions. And when you hire the Law Offices of David S. Chesley, Inc., you have someone protecting you from these devestating 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 La Jolla, CA, violent crimes defense lawyers will investigate your case, give you upfront, straightforward answers, and develop defensive tactics that will be effective for your charges. You deserve a defense tailored to you, and we can provide that. If you need to create your defense, call us at (800) 755-5174 or fill out our contact form today for a free, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of La Jolla, 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:
- Listen to Your Story – Every case starts with our client. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll research the charges and La Jolla, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as self-defense, mistaken identity, 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
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. When you've been accused of a violent crime in La Jolla, CA, the state must prove factors 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. 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.
If you're curious about violent crime distinctions, the difference between assault and battery in California is critical: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, meanwhile battery (Penal Code 242) involves actually causing harm. Both 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 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 Charges We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is one of the most commont types of violent crimes in California. What's interesting about it is that no harm has to actually be done. To be guilty of assault, one has to attempt "a violent injury on the person of another." Many people are unaware that to be guilty of assault, there only has to be an attempt at causing 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 you could also potentially face a severe variation on the charges. 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
As discussed above, assault only requires an attempt to cause harm. Battery is a step past assault, and allegations include actual harm being caused, 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 other charges along those lines. As a result of the difference in each of the statutes, you need to have a violent crimes lawyer who knows how to defend each of the charges.
Here are some other related violent crimes charges our attorneys defend in La Jolla, CA,:
- False Imprisonment: This is defined as an incident when one person confines another to a space against their will, for example, locking another person in a room.
- 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 heinous 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 are another form of criminal threats – you can expect there to be links to hate crimes 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 charges allege that you intentionally lit something on fire that you weren't allowed to.
- Rioting: RIoting can either consist of starting a riot or participating in one, and is normally a misdemeanor unless it occurs in a jail and/or someone is seriously harmed.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in La Jolla, CA, it comes with many constraints. California firearm offenses vary widely in nature and scope, and you can get in trouble for something as simple as unlawful possession.
Most commonly, unlawful possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm without a permit or a felon possessing ammunition.
While all La Jolla, CA, firearm charges are major, 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 incidents such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An excellent La Jolla, CA, violent crimes defense attorney will protect you from the legal consequences of these charges, including further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
The stakes are high for all kinds of violent crime allegations. 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 making someone think that they could be injured. 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, meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, intensifying their gravity.
Our experienced 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 La Jolla, CA, violent crime cases are rooted in some alleged act of violence. But you might also need to fight elevated 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, the sentence you face can be increased by several years. Conspiracy charges are closely related. You can 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, you can also see them used as enhancements to other crimes. The district attorney 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.
Finally, our La Jolla, CA, violent crimes attorneys can help protect you from California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. With one prior strike, sentences for felony convictions are doubled, and you will have a harder time securing early release. When convicted and given a third strike, you are facing 25-years-to-life in prison, with additional contstraints on parole.
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 is more heavily penalized than assault against other civilians, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a similar category of charges, though this aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.
In most cases, if you're accused of a violent crime in La Jolla, CA, you'll be in municipal court against a local prosecuting attorney. But when the state views a case as extra severe, 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 prepared to defend you against federal crimes as well as state charges.
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential 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.
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 priors, 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
Violent crimes charges need high-quality defense lawyers. When you're picking a lawyer to protect you 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 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.
- Local Relationships: Our team of attorneys cover cases across the state, including in La Jolla, CA. We have relationships with local prosecutors and judges, and will lean on them to secure a favorable outcome.
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) 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. 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 La Jolla, CA:
- 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- 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 Your Future: 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 La Jolla, 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 La Jolla, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Ferocious Protection Against Violent Crime Charges – Call Our Legal Team Right Away
You need help when you're fighting against violent crimes allegations. The statutes are complicated. The La Jolla, 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 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 accept a poor plea deal, just because it was easier to get. We confront the charges. We listen to your story, craft a resolute defense, and protect your freedom from the day you call until the case is over.
Contact us now to begin putting together your defense. Call (800) 755-5174 or fill out our online contact form to speak with a lawyer about how to fight these charges.
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