Violent Crimes Lawyer Orange, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk wrecking your reputation, setting back your career, and possibly worst of all, a trip to jail or prison. But you can fight to protect yourself. And with the Law Offices of David S. Chesley, Inc., you have someone protecting 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 expert Orange, CA, violent crimes defense lawyers will examine your case, tell you the truth about your situation, and find defense tactics that should 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 construct your defense, call (800) 755-5174 or reach out 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 Orange, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we design our defensive strategy around the specifics of your situation. Here's how we'll do that for your case:
- Learn Your Story – When we build a defense, it all starts with you. We want to hear from you what really happened and why.
- Research the Statutes 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 – Our team will recommend a defensive strategy such as self-defense, consent, or false allegations.
- Plea Bargain With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- Fight At Trial – Should your case go to trial, we'll stick with you from start to finish, fighting for a positive outcome.
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 Orange, CA, the state must prove factors like your culpability 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.
As an example of the variety of case types, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, meanwhile battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Each of these can be misdemeanors or felonies, with the state making that decision based on the circumstances. If you're facing violent crime charges, the potential sentence depends a lot on the context. 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 Orange, CA, Violent Crime Categories We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
If you hear the phrase 'violent crimes,' assault is probably one of the first to come to mind. 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 don't realize that to be charged with assault, one only has to attempt to cause harm, not necessarily actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but 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. Another similar one is assault with a deadly weapon: Attempts to harm while 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 is a step past assault, and allegations include actual harm being caused, instead of simply being attempted. After a fight, Orange, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the flip side, 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 Orange, CA. This can include reckless driving, child endangerment, and other charges along those lines. Because of the difference in individual laws, it's important to hire a violent crimes lawyer who can protect you from any of the possible charges.
Our lawyers also defend the following violent crimes charges in Orange, CA,:
- False Imprisonment: This occurs when an individual detaining another without just cause, and while it might seem like a stretch, it could be as little as grabbing someone's arm (if they are attempting to leave).
- 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 grim reasons 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: Terrorist threats are another form of criminal threats – 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: 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
Due to state law, you're not able to just do whatever you please with a gun in Orange, CA. California firearm offenses cover a large swath of statutes, and you can get in trouble for something as simple as unlawful possession.
Commonly, unlawful possession charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Orange, CA, gun charges are major, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. This is often prosecuted as a misdemeanor instead of a felony.
On the other hand, discharging a firearm will frequently get you harsher sentences. Particularly for allegations such as a drive-by shooting or shooting at an inhabited dwelling, it's unlikely that you'd get off with a small fee or community service.
A high-quality Orange, 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 injuries of all kinds, threats of abuse, and even just causing a situation where someone is afraid they'll be hurt. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
Crimes against children also have their own specific legal categories. Child abuse charges are saved for when someone alleged hurt a child on purpose, meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges can be filed together, expanding their gravity.
Our household 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, in cases with youth defendants, 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. But you might also be up against elevated charges and/or sentencing enhancement if your case meets certain criteria.
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 another group-related charge. You could be convicted of conspiracy if you agree with another person to commit a crime, and either one of you does something that furthers the commission of the crime.
Another way you can see your sentence raised is if you're accused of a hate crime. While hate crimes can be standalone offenses, it's common for them to be used as enhancements to other crimes. The district attorney in Orange, CA is likely to apply a hate crime label if the alleged offender committed the crime as an attack against a specific protected group.
Finally, our Orange, CA, violent crimes attorneys can help guard 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, sentences for felony convictions are doubled, and you will have a harder time securing early release. With two prior strikes, the penalty could be 25-years-to-life in prison, with additional 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 similar set of charges, though this can penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
For the majority of violent crime charges, you'll be up against the local Orange, CA prosecution. Sometimes, though, a federal prosecutor may take over. 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 represent 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 Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're facing charges like carjacking (PC 215). Carjacking goes beyond grand theft: While grand theft auto involves the taking of a vehicle without its owner's permission, it doesn't necessarily include any interaction with the owners themselves. Carjacking, on the other hand, does involve a forceful interaction with the owner. Because of this, it carries a harsher penalty because of its violent nature, up to 9 years in prison.
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 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 picking an attorney to fight your case in Orange, CA, it's important to hire a legal team with the below 3 qualities:
- Prior Success: You want a lawyer who knows how to fight your specific charge. Our team is know for our successful violent crime defense results.
- Varied Legal Experience: We have over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have experience in how the state prosecutes these cases, and how to fight against them.
- Local Relationships: We handle court cases all over California, including in Orange, CA. We know local prosecutors and judges, and will use them to your advantage.
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 properties.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Orange, 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. 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.
As a violent crime defense attorney, I dedicate extensive resources to Three Strikes cases. 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.
Orange, CA, Three Strikes Law Defense Strategies:
- Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. 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 Your Future: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Orange, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. If you're facing a third strike in California, it's easy to feel despair. But your case isn't over yet – call the Law Offices of David S. Chesley today to fight for your freedom.
Staunch Protection Against Violent Crime Charges – Call Our Legal Team Right Away
You need help when you're fighting against violent crimes allegations. The laws are complicated. The Orange, CA, prosecutor is frightening. And the sentences are heavy. If you don't have an expert violent crimes lawyer at your side, your innocence and constitutional rights are in danger.
At the Law Offices of David S. Chesley, Inc., we don't take a passive approach to your defense. We don't accept a poor plea deal, just because it was easier to get. We battle the state. We start every case by listening to our client, and defend your rights from when we first speak until the case is concluded.
Contact us now to begin building your defense. Connect with us at (800) 755-5174 or tell us about your case via our online contact form to speak with a member of our team about how to fight these charges.
We also offer the following legal services in Orange, CA:
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