Violent Crimes Lawyer Ontario, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk wrecking your reputation, hurting your career, and possibly worst yet, a trip to jail or prison. 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 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 Ontario, CA, violent crimes defense lawyers will examine your case, give you upfront, straightforward answers, and look for defense tactics that will be effective for your situation. We know that every case is unique and treat every client with respect. If you need to create your defense, speak with one of our representatives (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 Charges
Our team of Ontario, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. It all starts with the following steps:
- 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 research the specifics of the charges and Ontario, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as self-defense, consent, or false allegations.
- Negotiatiate With the State – Any time we communicate with the Ontario prosecution about your case, we will stand strong to find a deal that works for you.
- Fight At Trial – If your case reaches 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. If you're facing accusations of one of these crimes in Ontario, CA, it can be intimidating, but don't panic: The prosecution must prove elements like your culpability beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. Many violent crime charges in California are 'wobblers,' meaning that they can be charged as either a misdemeanor or a felony. Misdemeanors have lighter sentences, while felonies can land you in prison for years. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
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) involves an attempt or threat to harm, while 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 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. Our team of violent crimes lawyers uses a varitey of defense strategies depending on the circumstances, including self-defense, claiming rights violation, and showing alibis.
Major Ontario, CA, Violent Crime Charges We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on somebody." A lot of people don't know that to be charged with assault, there only has to be an attempt at causing harm, not necessarily 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. Another similar one is assault with a deadly weapon: Committing assault while using a non-firearm weapon. These variations are not actually given their own specific laws in California, but instead are lumped together under the broad umbrella of "assault laws."
You might be asking yourself now, "What's the difference between assault and battery?" Battery occurs when harm is actually done, instead of just being attempted. After a fight, Ontario, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the flip side, 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 don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.
We also commonly defend reckless endangerment charges in Ontario, CA. This can include reckless driving, child endangerment, and other charges along those lines. Because of the variation in each of the laws, it's critical to have a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Ontario, CA,:
- False Imprisonment: False imprisonment occcurs when an individual detaining another without just cause, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra grim 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: 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: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- Arson: Arson involves the intentional and unlawful burning of property, as opposed to reckless burning, which is an unintentional version of the same things.
- 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 Ontario, 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.
Often, unlawful possession charges are related to a felon in possession of a firearm, but you could also face them for having a concealed firearm without a permit or a felon possessing ammunition.
While all Ontario, CA, gun charges are perilous, the way the firearm was (and wasn't) allegedly used can make a big difference. 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 other hand, discharging a firearm can greatly increase the punishment you're facing. Especially for 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.
A high-quality Ontario, 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. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence isn't just battery on your spouse; it includes any actual harm caused, threats of harm, and even just placing someone in fear of harm. 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), while child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, intensifying their seriousness.
Our expert violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We also defend against 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 Ontario, CA, there's a good chance that they're one of the ones above. That said, you could also be up against heightened charges and/or sentencing enhancement should your case fall into certain categories.
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 dangerous because you can face penalties without having personally done something actively wrong. You could be convicted of conspiracy if you collaborate with someone else to break the law, and either one of you takes action towards committing that crime.
You could also see increased penalties if you're being charged with 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 Ontario, CA is likely to apply a hate crime label if they think that the alleged offender committed the crime as an attack against a specific protected group.
Finally, our Ontario, 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, if you are convicted of a new felony, the sentence will be doubled, and you will have to wait significantly longer before earning eligibility for parole. If a conviction would be your third strike, the sentence could be increased to 25-years-to-life in prison, with additional limitations on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Ontario, CA, the allegations can be even more severe. 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 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.
For the majority of violent crime charges, you'll be up against the local Ontario, CA prosecution. But for more serious cases, a federal prosecutor may fight against you. You don't want to go to federal court alone. You don't want to face the full force of the United States government without help. The Law Offices of David S. Chesley, Inc., is prepared to defend you against 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
You need a robbery defense lawyer if you're facing 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..
Without a leading violent robbery defense lawyer, you could be facing serious felony charges without a path out. At the Law Offices of David S. Chesley, we will fight to get your charges reduced and case dismissed. If you're on parole or have priors, you could face sentencing enhancements if convicted. Restraining orders may follow if violence is alleged, impacting your life long-term.
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 Ontario, CA, you want a legal team 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 defense results.
- Diverse Legal Experience: We have over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have inside knowledge of the ways the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Ontario, CA. We are familiar 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 those qualities.
Three Strikes Law Defense in Ontario, CA
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Ontario, CA. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.
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. 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 Against Three Strikes Charges in Ontario, CA:
- Romero Motions: 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.
- 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. Lack of intent defenses prevent strike enhancements.
- 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. Part of this can also involve fighting against prior convictions, and showing that they were unconstitutional or incorrect.
- Impact on Parole and Your Future: Stirkes not only add onto your sentence: they also 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 Ontario, 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Ontario, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Tenatious Protection Against Violent Crime Charges – Call Us Today
You need help when you're fighting against violent crimes allegations. The court system is convoluted. The Ontario, CA, prosecutor is strong. And the consequences are oppressive. 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 faster. We confront the charges. We start every case by listening to our client, and defend your rights from when we first speak until the case is concluded.
Reach out to us now to start putting together your defense. Call (800) 755-5174 or tell us about your case via our online contact form to speak with a lawyer about how to defend you.
We also offer the following legal services in Ontario, CA:
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