Violent Crimes Lawyer Laguna Niguel, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk harming your reputation, ruining your career, and possibly worst of all, a long time in jail or prison. But all hope is not lost. And when you hire 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 experienced Laguna Niguel, CA, violent crimes defense lawyers will examine your case, give you honest advice, and develop defense tactics that should 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 reach out online now for a no-obligation, confidential consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of Laguna Niguel, 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:
- Listen to Your Story – When we build a defense, it all starts with you. We want to hear from you what really happened and why.
- Research the Law and Your Case – We'll research the charges and Laguna Niguel, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Craft a Defense Strategy – Our lawyers will recommend a defensive strategy such as self-defense, consent, or procedural error.
- Plea Bargain With the State – We won't back down in negotiations; we'll fight to secure a plea deal that protects your interests.
- Fight At Trial – Should your case go to trial, we'll make sure that the judge and/or jury see your side of the story, and you're properly represented against the accusations.
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 Laguna Niguel, CA, it can be intimidating, but don't panic: The prosecution needs to prove elements like your culpability beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). 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) involves an attempt or threat to harm, meanwhile battery (Penal Code 242) involves actually causing harm. Each of these can be misdemeanors or felonies, with the state making that decision based on the circumstances. 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 aggravating factors like a weapon could mean jail time. 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 Laguna Niguel, 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 someone else." A lot of people don't realize 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 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. Closely related is assault with a deadly weapon: Attempts to harm while using a non-firearm weapon. 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, rather than simply being attempted. After a fight, Laguna Niguel, CA prosecutors are often prone to issue both assault and battery charges to defendants. 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. As a result of the variation in specific laws, it's important to have a violent crimes lawyer who can protect you from any of the possible charges.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Laguna Niguel, CA,:
- False Imprisonment: This occurs when one person wrongfully restrains or confines another, 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 bad 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 can expect there to be links to hate crimes in these cases.
- Torture: Torture goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
- Mayhem: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- 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 Laguna Niguel, CA, it comes with many constraints. 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.
In many cases, unlawful possession 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 any Laguna Niguel, CA, gun charges are significant, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon is when one person shows another a gun (or other weapon) to intimidate them, not necessarily firing it. This is often prosecuted as a misdemeanor instead of a felony.
On the contrary, discharging a firearm can greatly increase the punishment you're facing. Especially for cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
A high-quality Laguna Niguel, 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. Domestic accusations, though, are especially hard to fight. Domestic violence has a wider definition than battery on your spouse; it includes any actual harm caused, threats of abuse, and even just placing someone in fear of harm. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse involves the direct, intentional cause of harm to a child, meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges can be filed together, expanding their gravity.
Our household 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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Laguna Niguel, CA, prosecutor alleges that you committed an action that broke the law. However, you can also face increased charges and/or sentencing enhancement for special circumstances.
One way we frequently see penalties increased is through gang enhancements. If a crime was committed in the furtherance of gang activities, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are closely related. You could be convicted of conspiracy if you agree with another person to break the law, and either one of you does something that furthers the commission of the crime.
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, they are frequently used as enhancements to other crimes. The prosecution in Laguna Niguel, CA is likely to apply a hate crime label if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Lastly, our Laguna Niguel, CA, violent crimes attorneys can help protect you from 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, sentences for felony convictions are doubled, and you will have a harder time securing early release. When convicted and given a third strike, the penalty could be 25-years-to-life in prison, with further limitations on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Laguna Niguel, CA, the allegations can be even more severe. Assault on a police officer carries harsher penalties than simple assault, while resisting arrest covers actions ranging from stealing a police officers gun to just acting disobediently. 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.
In most cases, if you're accused of a violent crime in Laguna Niguel, CA, you'll be in municipal court against a local prosecuting attorney. On some occasions, when the accusations are especially severe, a federal prosecutor may take over. 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 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 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 prior convictions, you could face harsher penalties. Restraining orders may follow if violence is alleged, impacting your life long-term.
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 picking a lawyer to fight your case in Laguna Niguel, CA, you want a firm 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: The Law Offices of David S. Chesley, Inc., has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We have inside knowledge of the ways the state builds its case against you, and how to poke holes in it.
- Relationships in Your Area's Court: We're ready for your case in Laguna Niguel, CA. We are familiar 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 those qualities.
Defending Against California's Three Strikes Law in Laguna Niguel
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Laguna Niguel, 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. 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.
At the Law Offices of David S. Chesley, we know what it takes to defend 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:
- File Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Motion for Resentencing: 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: Even better than having prior strikes removed, we'll fight to prevent you getting one in the first place. This often comes from skillful plea negotiation. 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 Your Future: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
A Laguna Niguel, 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 Laguna Niguel, CA over whether California's Three Strikes law is just or not. Reforms continue, but without aggressive defense, clients face lifelong consequences. We're ready for your case. Call now to start building your defense.
Ferocious Protection Against Violent Crime Charges – Call Our Attorneys Right Away
Don't try to face violent crimes accusations alone. The laws are convoluted. The Laguna Niguel, CA, district attorney is strong. And the penalties are heavy. If you're lacking an expert violent crimes lawyer at your side, 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 settle for a bad plea deal, just because it was easier to get. We fight. We listen to your story, craft a resolute defense, and fight for your rights from the day you call until the case is concluded.
Reach out to us now to begin putting together your defense. Call us at (800) 755-5174 or let us know how we can help you on our online contact form to speak with a lawyer about how to defend you.
We also offer the following legal services in Laguna Niguel, CA:
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