Violent Crimes Lawyer Moreno Valley, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk harming your reputation, hurting your career, and perhaps worst yet, a trip to jail or prison. But accusations are not the same as convictions. And when you work with the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard 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 Moreno Valley, CA, violent crimes defense lawyers will research your case, give you upfront, straightforward answers, and come up with defensive strategies that will be effective for your situation. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to craft your defense, phone us at (800) 755-5174 or tell us about your case online today for a free, confidential consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations
Our team of Moreno Valley, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. Here's how we'll do that for your case:
- Learn About 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 research the charges and Moreno Valley, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Build a Defense Strategy – We'll recommend a defensive strategy such as defense of others, lack of intent, 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
Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. When you've been accused of a violent crime in Moreno Valley, CA, the state needs to 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. 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) does not require any actual harm done (just an attempt or threat), while battery (Penal Code 242) requires actual physical contact. Each of these can be charged as misdemeanors or felonies, with the state making that decision based on the circumstances. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. 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. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
Major Moreno Valley, CA, Violent Crime Categories We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. In fact, the literal definition describes it as attempting "a violent injury on someone else." Most 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 are usually a misdemeanor, however the line can be fuzzy between simple assault and some of it's more serious versions. 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: Assault using a weapon other than a gun. 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 occurs when harm is actually done, instead of just being attempted. You'll find that in many cases, if you're accused of battery in Moreno Valley, CA, you'll also be accused of assault. 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.
We also commonly defend reckless endangerment charges in Moreno Valley, CA. This can include reckless driving, child endangerment, and other charges along those lines. Due to the variation in each of the laws, it's important to find 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 Moreno Valley, CA,:
- False Imprisonment: This occurs when an individual detaining another without just cause, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra heinous purposes 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 aren't their own statute, but are an unofficial term for certain criminal threats charges – watch out for linked hate crime accusations in these cases.
- Torture: Torture is used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- Mayhem: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- Arson: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- 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 Moreno Valley, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
Frequently, these charges are related to a felon in possession of a firearm, but you could also face them for having a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Moreno Valley, CA, firearm charges are important to take seriously, 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. Most of the time this is charged as a misdemeanor.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Particularly in allegations 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.
An expert Moreno Valley, 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
Violent crime charges are bad enough on their own. Domestic accusations, though, are especially hard to fight. Domestic violence has a wider definition than 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.
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, while child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, amplifying 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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Moreno Valley, CA, there's a good chance that they're one of the ones above. However, you might also face increased charges and/or sentencing enhancement if your case meets certain criteria.
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 closely related. You can be found guilty of conspiracy if you collaborate with another person 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. Sometimes, a hate crime accusation is its own charge. However, they are often used as enhancements to other crimes. The prosecutor in Moreno Valley, CA is likely to apply a hate crime label if the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Furthermore, our Moreno Valley, CA, violent crimes attorneys can help defend 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, 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 contstraints on parole.
Procedural and Governance Charges Defense Lawyers
Moreno Valley, 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 covers actions ranging from stealing a police officers gun to just acting disobediently. 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.
These charges, as well as all the charges listed above, are most often handled by the Moreno Valley, CA, local prosecutor. But for more serious cases, a federal prosecutor may fight against you. 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 ready to defend you against federal crimes as well as state charges.
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer for 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..
Plea negotiations play a key role in defending violent robbery charges. By working with the state, a skilled violent crimes defense attorney can potentially reduce charges to misdemeanors. If you're on parole or have priors, these can trigger enhancements. 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 require top-tier defense attorneys. When you're deciding on a lawyer to fight your case in Moreno Valley, CA, it's important to hire a legal team 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 defense results.
- Expansive 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 tries to get violent crimes convictions, and how to fight for a positive outcome.
- Local Relationships: We're ready for your case in Moreno Valley, CA. We know local prosecutors and judges, and will leverage our relationships in your negotiations.
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 turn a seemingly straightforward case in Moreno Valley, 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.
Defense Strategies Against Three Strikes Charges in Moreno Valley, CA:
- File Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Motion for Resentencing: Post-Prop 36, over 2,000 have been resentenced. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- 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. False accusations in priors can be exposed via new evidence.
- 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.
A Moreno Valley, 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 Moreno Valley, 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 Defenses Against Violent Crime Charges – Call Our Attorneys Right Away
Violent crimes charges are tough to fight on your own. The laws are complex. The Moreno Valley, CA, district attorney is intimidating. And the consequences are grim. Without an expert violent crimes lawyer to defend you, your liberty 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 accept a poor plea deal, just because it was easier to get. We battle the state. We make a defense with you at the center, and fight for your freedom from when we first speak until the case is done.
Reach out to us now to start putting together your defense. Call (800) 755-5174 or let us know how we can help you on our online contact form to speak with a member of our team about how to fight these charges.
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