Violent Crimes Lawyer Linda Vista, CA. Fighting violent crimes charges is critical to your future. They risk harming your reputation, hurting your career, and worst of all, a long time in jail or prison. But you have a chance at a more positive outcome. And with the Law Offices of David S. Chesley, Inc., you have someone protecting 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 skillful Linda Vista, CA, violent crimes defense lawyers will investigate your case, tell you the truth about your situation, and look for defensive strategies that can be used for your circumstances. We know that every case is unique and treat every client with respect. If you're ready to create your defense, call (800) 755-5174 or reach out online now for a no-obligation, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations
Our team of Linda Vista, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we give each of our clients' cases a tailored defense. This is how we do it:
- Listen to Your Story – Every case starts with our client. You can be honest with us about everything, and we'll start with your perspective.
- Research the Law and Your Case – We'll look into the charges and Linda Vista, 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 of others, mistaken identity, or procedural error.
- Plea Bargain With the State – For many cases, the easiest way to a positive outcome is through a plea deal. When we negotiate plea deals with the state, we don't give up and fight to get something favorable.
- Fight At Trial – If there is a 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
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. The Linda Vista, CA, prosecution, often led by the District Attorney, needs to 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. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
For instance, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), meanwhile battery (Penal Code 242) involves actually causing harm. Both can be misdemeanors or felonies, depending on severity. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. Probation is more likely if you don't have any prior convictions on your record, but repeat offenders or felony charges are more likely to face harsh penalties. 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 Linda Vista, CA, Violent Crime Accusations 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. 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 someone else." Many people aren't aware that to be guilty of assault, there only has to be an attempt at causing harm, not necessarily actually cause harm.
While simple assault charges are harsh in and of themselves, 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: Assault 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
As discussed above, assault only requires an attempt to cause harm. Battery occurs when harm is actually done, rather than just being attempted. After a fight, Linda Vista, CA prosecutors are often prone to issue both assault and battery charges to defendants. 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 Linda Vista, CA. This can include reckless driving, child endangerment, and similar charges. Due to the difference in each of the statutes, you need to hire a violent crimes lawyer who knows how to defend each of the charges.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Linda Vista, CA,:
- False Imprisonment: False imprisonment occcurs when an individual detaining another without just cause, 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 reasons like 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: Terrorist threats aren't their own statute, but are an unofficial term for certain criminal threats charges – 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
The right to bear arms comes with many restrictions and responsibilities in Linda Vista, CA. California firearm offenses cover a large swath of statutes, sometimes even just being the result of unlawful possession.
Often, unlawful possession charges are related to a felon in possession of a firearm, but it could also be related to having a concealed firearm without a permit or a felon possessing ammunition.
While all Linda Vista, CA, gun charges are perilous, 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.
Meanwhile, discharging a firearm will almost always be a more serious charge. Particularly for allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An excellent Linda Vista, 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. But if family is involved, they get even scarier. Domestic violence goes beyond battery on your spouse; it includes intentional or unintentional harm, threats of abuse, and even just causing a situation where someone is afraid they'll be hurt. 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.
Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, increasing 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 Linda Vista, CA, prosecutor alleges that you committed an action that broke the law. But you might also be up against heightened charges and/or sentencing enhancement for special circumstances.
In many cases, the punishments can be heightened via gang enhancements. If a crime was committed in the furtherance 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 somebody else to break the law, 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. Hate crime charges can be their own case, but, you can also see them used as enhancements to other crimes. The district attorney in Linda Vista, 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 Linda Vista, CA, violent crimes attorneys can help guard 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 won't be eligible for parole until you've served 80% of the sentence. If a conviction would be your third strike, you are facing 25-years-to-life in prison, with further contstraints on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Linda Vista, 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 carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a closely related category of charges, though these ones aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.
These charges, as well as all the charges listed above, are most often handled by the Linda Vista, CA, local prosecutor. On some occasions, when the accusations are especially 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 proud to represent you against federal crimes as well as state charges.
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are 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..
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. 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 picking a lawyer to defend you in Linda Vista, CA, 'good enough' isn't good enough. You want someone with the below 3 qualities:
- Prior Success: You want to be represented by an attorney who knows the ins and outs of the California court system. Our team is know for our successful violent crime case results.
- Expansive Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We have experience in 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 Linda Vista, CA. We know 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 those qualities.
Defending Against California's Three Strikes Law in Linda Vista
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Linda Vista, CA, clients, as it dramatically enhances sentences for repeat offenders. This law can be devastating for repeat offenders, who face a sentence of 25 years to life after a third serious or violent felony conviction. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.
At the Law Offices of David S. Chesley, we know what it takes to defend 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 Under Three Strikes:
- Challenging Prior Strikes: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Resentencing Petitions: Post-Prop 36, over 2,000 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. 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. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Life After Conviction: On top of increasing your sentence, strikes delay parole eligibility. We advocate for early release or expungement where possible.
A Linda Vista, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Linda Vista, CA. 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 Protection Against Violent Crime Charges – Call Our Lawyers Right Away
Don't try to face violent crimes accusations alone. The statutes are complicated. The Linda Vista, CA, prosecutor is strong. And the punishments are heavy. If you don't have 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 stand idly by and let the state build its case. We don't settle for a bad plea deal, just because it was the first one offered. We confront the charges. We make a defense with you at the center, and defend your rights from when we first speak until the case is done.
Contact us now to begin 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 an attorney about how to defend you.
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