Violent Crimes Lawyer Lancaster, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk damaging your reputation, ruining your career, and possibly worst of all, a lengthy prison sentence. But you have a chance at a more positive outcome. And when you hire the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard 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 Lancaster, CA, violent crimes defense lawyers will investigate your case, be honest with our recommendations, and find defensive strategies that should be effective for your case. We know that every case is unique and treat every client with respect. If you need to build your defense, call us at (800) 755-5174 or tell us about your case 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 Allegations
Our team of Lancaster, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we build a defense that's suited to your specific case. Here's how we'll do that for your case:
- Learn About Your Story – We believe that you should be at the center of your defense. We want to hear from you what really happened and why.
- Research the Law and Your Case – We'll investigate the charges and Lancaster, 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 Lancaster 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
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. When you've been accused of a violent crime in Lancaster, CA, the state needs to prove components like intent and harm beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. 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, 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) goes a step further, with one person successfully, intentionally harming another. Both can be misdemeanors or felonies, with the state making that decision based on the circumstances. 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 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 Lancaster, 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 the person of another." Many people are unaware that to be guilty of assault, there only has to be an attempt at causing harm, not necessarily actually cause harm.
Simple assault charges are usually a misdemeanor, however there are several more serious variations of them. 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: Assault 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 occurs when harm is actually done, rather than just being attempted. After a fight, Lancaster, CA prosecutors are often prone to issue both assault and battery charges to defendants. 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 can be found guilty even if you didn't have the ability to carry out the threats.
We also commonly defend reckless endangerment charges in Lancaster, CA. This can include reckless driving, child endangerment, and other charges along those lines. As a result of the variation in each of the laws, it's critical to have a violent crimes lawyer who can protect you from any of the possible charges.
Here are some other related violent crimes charges our attorneys defend in Lancaster, 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: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for particular, extra heinous purposes such as forced labor or sex.
- Stalking: California stalking law requires more than just following another person who doesn't like it – it also requires that the accused make a credible threat.
- Terrorist Threats: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – watch out for linked hate crime accusations 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 charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in Lancaster, CA, it comes with many constraints. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
In many cases, these charges are related to a felon in possession of a firearm, but they could also be the result of having a concealed firearm without a permit or a felon possessing ammunition.
While any Lancaster, CA, gun charges are serious, a major differentiator is whether you allegedly used the weapon or not. Brandishing a weapon does not typically involve firing the gun, but instead using it to make a threat. Most of the time this is charged as a misdemeanor.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Particularly in cases such as a drive-by shooting or shooting at an inhabited dwelling, you can be looking at years in prison and/or thousands of dollars in fines.
A high-quality Lancaster, 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. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence goes beyond battery on your spouse; it includes intentional or unintentional harm, threats of harm, and even just making someone think that they could be injured. 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 is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges are often filed together, increasing their seriousness.
Our household violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We can also help you fight animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Lancaster, CA, prosecutor alleges that you committed an action that broke the law. But you might also need to fight heightened 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, 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 found guilty of conspiracy if you collaborate with somebody else to commit a crime, 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. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The prosecutor in Lancaster, CA may charge another crime as a hate crime if they believe that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Additionally, our Lancaster, 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, if you are convicted of a new felony, the sentence will be doubled, and you won't be eligible for parole until you've served 80% of the sentence. When convicted and given a third strike, the penalty could be 25-years-to-life in prison, with further limitations on parole.
Procedural and Governance Charges Defense Lawyers
Lancaster, 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 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.
These charges, as well as all the charges listed above, are most often handled by the Lancaster, CA, local prosecutor. 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 equipped 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 Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're facing 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 prior convictions, 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 picking an attorney to fight your case in Lancaster, CA, 'good enough' isn't good enough. You want someone with the below 3 qualities:
- Prior Success: You want a lawyer who knows how to fight your specific charge. Our team has a history of successful violent crime case results.
- Varied Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have experience in the ways the state builds its case against you, and how to poke holes in it.
- Relationships in Your Area's Court: We handle court cases all over California, including in Lancaster, CA. We have relationships with local prosecutors and judges, and will lean on them to secure a favorable outcome.
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 someone with all those characteristics.
Defending Against California's Three Strikes Law in Lancaster
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Lancaster, CA, into something much more serious. 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. 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.
Lancaster, CA, Three Strikes Law Defense Strategies:
- Challenging Prior Strikes: 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. 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. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- 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.
If you're facing Three Strikes charges in Lancaster, CA, you need to act fast to protect your freedom. The third strike can carry a life sentence. You need a lawyer with the resources to protect your future. And the Law Offices of David S. Chesley has those resources. We have a team of leading California attorneys ready to stand by you, from day one until the case is done.
Three Strikes disproportionately affects minorities and low-income areas like parts of Lancaster, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. We're ready for your case. Call now to start building your defense.
Ferocious Defenses Against Violent Crime Charges – Call Our Legal Team Right Away
Violent crimes charges are tough to fight on your own. The laws are complicated. The Lancaster, CA, prosecutor is powerful. And the penalties are brutal. If you're lacking 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 take a passive approach to your defense. We don't settle for a bad plea deal, just because it was faster. We confront the charges. We listen to your story, craft a resolute defense, and fight for your freedom from when we first speak until the case is done.
Reach out to us now to begin building your defense. Call us at (800) 755-5174 or fill out our online contact form to speak with a member of our team about how to protect your rights.
We also offer the following legal services in Lancaster, CA:
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