Violent Crimes Lawyer Pomona, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk wrecking your reputation, hurting your career, and worst yet, a long time in jail or prison. But you have a chance at a more positive outcome. 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 defend all of the following violent crime categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our experienced Pomona, CA, violent crimes defense lawyers will investigate your case, be honest with our recommendations, and find defensive tactics that should be effective for your charges. We know that every case is unique and treat every client with respect. If you're ready to craft your defense, call us at (800) 755-5174 or send us a note online now for a no-obligation, confidential consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Pomona, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we build a defense that's suited to your specific case. Here's how we'll do that for your case:
- Learn Your Story – When we build a defense, it all starts with you. You can be honest with us about everything, and we'll start with your perspective.
- Research the Statutes and Your Case – We'll research the specifics of the charges and Pomona, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Put Together a Defense Strategy – Our team will recommend a defensive strategy such as defense, consent, or procedural error.
- Plea Bargain With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- Fight At Trial – If there is a trial, we'll present our matchless defense in court and show the judge and/or jury your side of the story.
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 Pomona, CA, it can be intimidating, but don't panic: The prosecution needs to 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. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
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, while battery (Penal Code 242) requires actual physical contact. Each of these can be charged as misdemeanors or felonies, depending on severity. 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 particularly aggressive circumstances could wind up with felony charges. 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 Pomona, CA, Violent Crime Categories We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is one of the most commont types of violent crimes in California. In fact, the literal definition describes it as attempting "a violent injury on the person of another." Most people are unaware that to be guilty of assault, there only has to be an attempt at causing harm, not necessarily 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 is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Committing assault while 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
You might be asking yourself now, "What's the difference between assault and 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. You'll find that in many cases, if you're accused of battery in Pomona, 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 don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.
Reckless endangerment charges are another set of charges that are typical in Pomona, CA. This can include reckless driving, child endangerment, and other charges along those lines. As a result of the difference in each of the statutes, it's paramount to have a violent crimes lawyer who knows how to defend each of the charges.
Our lawyers also defend the following violent crimes charges in Pomona, CA,:
- False Imprisonment: This is defined as an incident 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: 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 reasons 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: 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 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 involves the intentional and unlawful burning of property, as opposed to reckless burning, which is an unintentional version of the same things.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in Pomona, CA, it comes with many constraints. California firearm offenses vary widely in nature and scope, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Frequently, possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Pomona, 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 is when one person shows another a gun (or other weapon) to intimidate them, not necessarily firing it. Most of the time this is charged as a misdemeanor.
On the contrary, discharging a firearm will frequently get you harsher sentences. Particularly for allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An experienced Pomona, 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 goes beyond battery on your spouse; it includes any actual harm caused, threats of abuse, and even just placing someone in fear of harm. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
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 could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, increasing their seriousness.
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
The majority of Pomona, CA, violent crime cases are rooted in some alleged act of violence. That said, you could also need to fight heightened charges and/or sentencing enhancement for special circumstances.
One of the most common examples is 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 can be convicted of conspiracy if you agree with somebody else to break the law, and either one of you takes action towards committing that crime.
Another common sentence enhancement is when an alleged action is charged as a hate crime. Hate crime charges can be their own case, but, they are often used as enhancements to other charges. The district attorney in Pomona, CA is likely to apply a hate crime label if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Additionally, our Pomona, CA, violent crimes attorneys can help protect you against California's three strikes law. For alleged repeat offenders, this law can become a tremendous hurdle. Previous felony convictions may count as "strikes" against you. 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. When convicted and given a third strike, you are facing 25-years-to-life in prison, with additional contstraints on parole.
Procedural and Governance Charges Defense Lawyers
Pomona, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a similar set of charges, though these ones can penalize you for any way you prevent an officer from doing their job, regardless of if they were trying to arrest you.
These charges, as well as all the charges listed above, are most often handled by the Pomona, CA, local prosecutor. 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 defend you against federal crimes as well as state charges.
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is 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 priors, these can trigger enhancements. 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
You don't want to go into a violent crimes case without the right lawyer. When you're picking a lawyer to protect you in Pomona, CA, it's important to hire someone with the below 3 qualities:
- A History of 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.
- Diverse Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We know how the state builds its case against you, and how to poke holes in it.
- Local Relationships: We handle court cases all over California, including in Pomona, CA. We know local prosecutors and judges, and will lean on them to secure a favorable outcome.
To maximize your chances of beating violent crimes charges, you need lawyers with all of the above attributes. 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 Pomona
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Pomona, CA. 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.
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 Against Three Strikes Charges in Pomona, CA:
- Challenging Prior Strikes: Romero motions can be used to request a judge to remove an existing strike on your record. 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. This has the potential to reduce charges from a life sentence down to time served, if the third strike was non-violent.
- Avoiding New Strikes: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. Showing lack of intent is key in thse cases.
- 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.
If you're facing Three Strikes charges in Pomona, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Pomona, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. 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.
Tenatious Defenses Against Violent Crime Charges – Call Our Lawyers Right Away
Don't try to face violent crimes accusations alone. The laws are convoluted. The Pomona, CA, prosecutor is formidable. And the punishments are steep. 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 wait and watch the prosecution make its case against you. 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 rights from when we first speak until the case is concluded.
Contact us now to start putting together your defense. Connect with us at (800) 755-5174 or tell us about your case via our online contact form to speak with a lawyer about how to protect your rights.
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