Violent Crimes Lawyer San Diego, CA. Fighting violent crimes charges is critical to your future. They risk wrecking your reputation, ruining your career, and possibly worst of all, a lengthy prison sentence. But all hope is not lost. And when you call 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 expert San Diego, CA, violent crimes defense lawyers will research your case, give you honest advice, and find defensive strategies 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 need to build your defense, speak with one of our representatives (800) 755-5174 or contact us online today 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 San Diego, CA, criminal defense lawyers know that every violent crime case is unique, and we build a defense that's suited to your specific case. It all starts with the following steps:
- 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 look into the charges and San Diego, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Craft a Defense Strategy – Our team will recommend a defensive strategy such as defense, lack of intent, or procedural error.
- Plea Bargain With the State – Any time we communicate with the San Diego prosecution about your case, we will stand strong to find a deal that works for you.
- 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
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 San Diego, CA, the state needs to prove elements like intent and harm 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. 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.
For instance, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Each of these can be misdemeanors or felonies, depending on severity. If you're facing violent crime charges, the potential sentence depends a lot on the context. 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 San Diego, CA, Violent Crime Allegations 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 somebody." A lot of people don't realize that to be guilty of assault, one only has to attempt to cause harm, regardless of whether or not you actually cause harm.
Simple assault charges are usually a misdemeanor, however you could also potentially face a severe variation on the charges. Aggravated assault is just that: assault with intent to cause serious bodily injury. Another similar one is assault with a deadly weapon: Assault using a non-firearm weapon. 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 a step past assault, and allegations include actual harm being caused, rather than only being attempted. In San Diego, CA, it's common to be charged with both at the same time after an altercation. On the other hand, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. 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 San Diego, CA. This can include reckless driving, child endangerment, and similar charges. As a result of the variation in individual laws, it's important to hire a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Our violent crimes defense lawyers can also help you with the following charges in San Diego, CA,:
- False Imprisonment: This occurs when one person wrongfully restrains or confines another, for example, locking another person in a room.
- 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 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 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 charges allege that you intentionally lit something on fire that you weren't allowed to.
- Rioting: RIoting can either consist of starting a riot or participating in one, and is normally a misdemeanor unless it occurs in a jail and/or someone is seriously harmed.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in San Diego, CA. California firearm offenses can result from any number of statute violations, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Often, unlawful possession charges are related to a felon in possession of a firearm, but they could also be the result of carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any San Diego, CA, gun charges are major, 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.
Meanwhile, discharging a firearm will frequently get you harsher sentences. Particularly in incidents such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An experienced San Diego, 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. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence has a wider definition than 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 charges are saved for when someone alleged hurt a child on purpose, while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges can be filed together, raising their gravity.
Our expert violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We can also help you fight animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the San Diego, CA, prosecutor alleges that you committed an action that broke the law. However, you might also be up against elevated charges and/or sentencing enhancement if certain circumstances apply.
One way we frequently see penalties increased is through 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, the sentence you face can be increased by several years. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You could be found guilty of conspiracy if you collaborate with somebody else to commit a crime, and either one of you does something overt to advance the plan.
Another common sentence enhancement is when an alleged action is charged as a hate crime. While hate crimes can be standalone offenses, they are often used as enhancements to other crimes. The prosecution in San Diego, CA may charge another crime as a hate crime if the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Finally, our San Diego, 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 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 additional limitations on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in San Diego, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a closely related set of charges, though this can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
In most cases, if you're accused of a violent crime in San Diego, CA, you'll be in municipal court against a local prosecuting attorney. Sometimes, though, 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.
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're up against 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.
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, you could face harsher penalties. 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 an attorney to fight your case in San Diego, CA, 'good enough' isn't good enough. You want 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 case results.
- Varied Legal Experience: Our team has over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We know the ways the state prosecutes these cases, and how to fight against them.
- Local Relationships: We handle court cases all over California, including in San Diego, CA. We have relationships with 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 those qualities.
Defending Against California's Three Strikes Law in San Diego
California's Three Strikes Law (Penal Code 667) is a massive search trigger for San Diego, CA, clients, as it dramatically enhances sentences for repeat offenders. 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. 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 Against Three Strikes Charges in San Diego, CA:
- File Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- 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: 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. Showing lack of intent is key in thse cases.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. Part of this can also involve fighting against prior convictions, and showing that they were unconstitutional or incorrect.
- Impact on Parole and Your Future: On top of increasing your sentence, strikes delay parole eligibility. We advocate for early release or expungement where possible.
If you're facing Three Strikes charges in San Diego, 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 San Diego, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Tenatious Protection Against Violent Crime Charges – Call Our Lawyers Right Away
Don't try to face violent crimes accusations alone. The statutes are convoluted. The San Diego, CA, district attorney is strong. And the penalties are brutal. If you're lacking an expert violent crimes lawyer at your side, 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 confront the charges. We start every case by listening to our client, and fight for your freedom from the day you call until the case is over.
Contact us now to begin building your defense. Call (800) 755-5174 or fill out our online contact form to speak with amember of our legal team about how to fight these charges.
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