Violent Crimes Lawyer Orange, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk harming your reputation, setting back your career, and possibly worst yet, a lengthy prison sentence. But all hope is not lost. And when you work with the Law Offices of David S. Chesley, Inc., you get a shield that will guard you from these consequences. We will tenatiously defend you against violent crimes accusations from any of categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our experienced Orange, CA, violent crimes defense lawyers will investigate your case, be honest with our recommendations, and develop defensive strategies that will be effective for your charges. We know that every case is unique and treat every client with respect. If you need to construct your defense, phone us at (800) 755-5174 or send us a note online now for a no-obligation, private consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Orange, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we give each of our clients' cases a tailored defense. Here's how we'll do that for your case:
- Listen to Your Story – Every case starts with our client. We want to hear your side of the story.
- Research the Law and Your Case – We'll research the charges and Orange, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Build a Defense Strategy – We'll recommend a defensive strategy such as defense, consent, or procedural error.
- Negotiatiate 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 your case reaches 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. The Orange, CA, prosecution, often led by the District Attorney, needs to prove components like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
As an example of the variety of case types, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, 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. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. A first-time misdemeanor assault might lead to probation, 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 Orange, CA, Violent Crime Charges We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is one of the most commont types of violent crimes in California. 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 the person of another." Many people don't realize that to be guilty of assault, there only has to be an attempt at causing harm, regardless of whether or not you actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but you could also potentially face a severe variation on the charges. 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: Committing assault while using a weapon other than a gun. These variations aren't official charges, but rather subcategories for more serious assault charges
Now that we've covered assault, let's discuss battery. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of just being attempted. After a fight, Orange, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the other hand, 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.
Reckless endangerment charges are another set of charges that are typical in Orange, CA. This can include reckless driving, child endangerment, and similar charges. Due to the variation in individual statutes, it's critical to have a violent crimes lawyer who can protect you from any of the possible charges.
Our attorneys also can defend you against the below violent crimes charges in Orange, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, for example, locking another person in a room.
- Kidnapping: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad purposes such as forced labor or sex.
- Stalking: California defines stalking as repeatedly following or harassing another person, and making a related 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 is a specific, grevious category of attack done for reasons such as revenge or extortion.
- 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 Orange, 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.
In many cases, these 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 Orange, CA, gun charges are perilous, the way the firearm was (and wasn't) allegedly used can make a big difference. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. Most of the time this is charged as a misdemeanor.
On the contrary, discharging a firearm will almost always be a more serious charge. 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.
An experienced Orange, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. 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 injuries of all kinds, threats of harm, and even just causing a situation where someone is afraid they'll be hurt. 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.
If the alleged victim was a child, that can also affect which charges are filed. Child abuse involves the direct, intentional cause of harm to a child, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, heightening their seriousness.
Our household violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We also defend against animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Orange, CA, there's a good chance that they're one of the ones above. That said, you can also need to fight elevated charges and/or sentencing enhancement should your case fall into certain categories.
One of the most common examples is gang enhancements. If a different crime was committed as a part of gang activities, the sentence you face can be increased by several years. Conspiracy charges are closely related. You could be convicted of conspiracy if you collaborate with another person 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. Sometimes, a hate crime accusation is its own charge. However, it's common for them to be used as enhancements to other crimes. The prosecutor in Orange, CA may charge another crime as a hate crime if they believe that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Lastly, our Orange, 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, 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 penalty could be 25-years-to-life in prison, with further restraints on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Orange, CA, the allegations can be even more severe. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a closely related set 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.
In most cases, if you're accused of a violent crime in Orange, CA, you'll be in municipal court against a local prosecuting attorney. But when the state views a case as extra severe, 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 prepared to defend 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 any convictions on your record, you could face sentencing enhancements if convicted. 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 need high-quality defense lawyers. When you're deciding on a lawyer to defend you in Orange, CA, it's important to hire someone 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: We have over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We know how the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Local Relationships: We handle court cases all over California, including in Orange, CA. We know 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 someone with all those properties.
Defending Against California's Three Strikes Law in Orange
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Orange, 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. 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. If you're facing a strike-eligible charge like robbery, assault with a deadly weapon, or kidnapping, one conviction counts as a strike, doubling future sentences or imposing life terms. For example, a third strike for shoplifting (if priors are strikes) could mean life—though reforms limit this to violent thirds.
Defense Strategies Under Three Strikes:
- Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Motion for Resentencing: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- Avoiding New Strikes: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. 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 Life After Conviction: On top of increasing your sentence, 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.
If you're facing Three Strikes charges in Orange, 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.
There is much debate in Orange, CA over whether California's Three Strikes law is just or not. Reforms continue, but without aggressive defense, clients face lifelong consequences. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Staunch Defenses Against Violent Crime Charges – Call Our Attorneys Now
Don't try to face violent crimes accusations alone. The statutes are complicated. The Orange, CA, prosecutor is intimidating. And the penalties are harsh. 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 settle for a bad plea deal, just because it was the first one offered. We fight. We make a defense with you at the center, and defend your freedom from day one until the case is done.
Contact us now to start putting together your defense. Call us at (800) 755-5174 or tell us about your case via our online contact form to speak with a lawyer about how to defend you.
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