Violent Crimes Lawyer San Pedro, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk torpedoing your reputation, devastating your career, and perhaps worst yet, a long time in jail or prison. But accusations are not the same as convictions. And when you work with the Law Offices of David S. Chesley, Inc., you have someone protecting 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 experienced San Pedro, CA, violent crimes defense lawyers will examine your case, give you upfront, straightforward answers, and look for defensive strategies that should be effective for your situation. 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 fill out our contact form today for a no-obligation, confidential consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Allegations
Our team of San Pedro, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we design our defensive strategy around the specifics of your situation. It all starts with the following steps:
- Learn About Your Story – We believe that you should be at the center of your defense. 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 charges and San Pedro, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Build a Defense Strategy – Our team will recommend a defensive strategy such as defense, mistaken identity, or false allegations.
- 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
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 Pedro, CA, the state 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. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
For instance, 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, while battery (Penal Code 242) involves actually causing harm. Both can be misdemeanors or felonies; it's up to the prosecution to decide what to charge. 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 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 San Pedro, 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 someone else." A lot of people don't know that to be guilty of assault, one only has to attempt to cause harm, even if you don't actually cause harm.
Simple assault charges are usually a misdemeanor, however there are several more serious variations of them. Aggravated assault charge types in particular are very similar to assault: they normally requires that the alleged offender was trying to cause 'serious' harm rather than general harm. Another similar one is assault with a deadly weapon: Attempts to harm 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, rather than only being attempted. After a fight, San Pedro, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the other hand, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. You can be found guilty even if you didn't have the ability to carry out the threats.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and similar charges. Because of the variation in individual statutes, it's paramount to have a violent crimes lawyer who knows how to defend each of the charges.
Our violent crime defense attorneys can also help you fight the following charges in San Pedro, CA,:
- False Imprisonment: This is defined as an incident 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: As opposed to the above allegations, human trafficking is done for specific, extra heinous reasons like forced labor or sex.
- Stalking: California stalking law requires more than just following another person who doesn't like it – it also requires that the accused make a credible threat.
- Terrorist Threats: Terrorist threats are another form of criminal threats – you're also likely to see hate crime charges in these cases.
- Torture: Torture is used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- 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 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 Pedro, CA. California firearm offenses can result from any number of statute violations, 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 you could also face them for carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all San Pedro, CA, firearm charges are perilous, a major differentiator is whether you allegedly used the weapon or not. 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.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Particularly 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.
An excellent San Pedro, 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 isn't just battery on your spouse; it includes any actual harm caused, threats of abuse, and even just making someone think that they could be injured. 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.
Crimes against children also have their own specific legal categories. Child abuse charges are saved for when someone alleged hurt a child on purpose, while child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, intensifying their seriousness.
Our experienced 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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the San Pedro, CA, prosecutor alleges that you committed an action that broke the law. That said, you can also need to fight increased 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 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.
You could also see increased penalties if you're being charged with a hate crime. While hate crimes can be standalone offenses, they are often used as enhancements to other charges. The district attorney in San Pedro, 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.
Additionally, our San Pedro, 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 a harder time securing early release. If a conviction would be your third strike, you are facing 25-years-to-life in prison, with further limitations on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in San Pedro, 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 this 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 San Pedro, CA prosecution. On some occasions, when the accusations are especially severe, 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 equipped to defend you against federal crimes in addition to state charges.
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're facing charges like armed robbery, where force or fear is used to take property. Penalties can reach 9 years in prison, especially if a weapon is involved. First-degree burglary, entering a residence with intent to steal, is a felony with 2-6 years. Carjacking (PC 215) involves taking a vehicle by force, punishable by up to 9 years.
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, you could face sentencing enhancements if convicted. 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
You don't want to go into a violent crimes case without the right lawyer. When you're deciding on a lawyer to fight your case in San Pedro, CA, 'good enough' isn't good enough. You want a firm 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 has a history of successful violent crime case results.
- Diverse Legal Experience: We have 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: Our team of attorneys cover cases across the state, including in San Pedro, CA. We have relationships with 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 characteristics.
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 San Pedro, 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. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
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.
San Pedro, CA, Three Strikes Law Defense Strategies:
- Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Motion for Resentencing: Post-Prop 36, over 2,000 have been resentenced. 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. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- 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. We can also look into prior cases to see if there were any procedural errors that should have resulted in an acquittal.
- Impact on Parole and Life After Conviction: 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.
Three strikes charges are not something to take lightly. If you're facing a third strike in San Pedro, 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.
There is much debate in San Pedro, CA over whether California's Three Strikes law is just or not. 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.
Ferocious Protection Against Violent Crime Charges – Call Our Legal Team Now
Don't try to face violent crimes accusations alone. The court system is complicated. The San Pedro, CA, prosecutor is powerful. And the punishments are harsh. Without an expert violent crimes lawyer to defend you, 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 settle for a bad plea deal, just because it was the first one offered. We fight. We listen to your story, craft a resolute defense, and defend your freedom from when we first speak until the case is over.
Reach out to us now to begin 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 amember of our legal team about how to fight these charges.
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