Violent Crimes Lawyer San Pedro, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk torpedoing your reputation, setting back your career, and worst of all, a trip to jail or prison. But you have a chance at a more positive outcome. And when you hire the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect 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 skillful San Pedro, CA, violent crimes defense lawyers will investigate your case, give you honest advice, and develop defense strategies that should be effective for your case. You deserve a defense tailored to you, and we can provide that. If you need to craft your defense, call us at (800) 755-5174 or send us a note online now for a no-obligation, private consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Accusations
Our team of San Pedro, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we give each of our clients' cases a tailored defense. This is how we do it:
- Learn About Your Story – Every case starts with our client. 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 ensure that we're well prepared to build a strong defensive strategy.
- Craft a Defense Strategy – We'll recommend a defensive strategy such as self-defense, consent, or false allegations.
- Plea Bargain 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 there is a 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. The San Pedro, CA, prosecution, often led by the District Attorney, must prove components like your culpability 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. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
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) goes a step further, with one person successfully, intentionally harming another. Both 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. A first-time misdemeanor assault might lead to probation, but particularly aggressive circumstances could wind up with felony charges. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
Major San Pedro, CA, Violent Crime Accusations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
When you ask someone to name an example of a violent crime, there's a good chance they'll mention assault. In fact, the literal definition describes it as attempting "a violent injury on the person of another." A lot of people aren't aware that to be charged with assault, one only has to attempt to cause harm, even if you don't 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. Another similar one is assault with a deadly weapon: Committing assault 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
Now that we've covered assault, let's discuss battery. Battery occurs when harm is actually done, instead of just being attempted. After a fight, San Pedro, 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. 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 other charges along those lines. Due to the variation in each of the statutes, it's critical to work with a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in San Pedro, CA,:
- False Imprisonment: False imprisonment occcurs when one person wrongfully restrains or confines another, 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 is different from false imprisonment because it involves forcibly moving a person from one location to another.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for specific, extra heinous 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 – you can expect there to be links to hate crimes 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 charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in San Pedro, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Often, these charges are related to a felon in possession of a firearm, but you could also face them for carrying a concealed firearm without a permit or a felon possessing ammunition.
While all San Pedro, CA, firearm charges are significant, 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. Especially in incidents 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.
An expert San Pedro, 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
The stakes are high for all kinds of violent crime allegations. 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 any actual harm caused, threats of harm, and even just placing someone in fear of harm. 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.
Domestic violence charges aren't the only ones that are defined by the alleged victim. 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, heightening their seriousness.
Our household 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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in San Pedro, CA, there's a good chance that they're one of the ones above. But you could also be up against increased charges and/or sentencing enhancement if your case meets certain criteria.
One of the most common examples is 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, 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 found guilty of conspiracy if you make a plan with someone 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. Hate crime charges can be their own case, but, it's common for them to be used as enhancements to other crimes. The prosecutor in San Pedro, CA is likely to apply a hate crime label if they believe that the alleged offender committed the crime as an attack against a specific protected group.
Lastly, our San Pedro, CA, violent crimes attorneys can help defend 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, the penalty could be 25-years-to-life in prison, with further limitations on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in San Pedro, 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 covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a closely related set of charges, though these ones can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
For the majority of violent crime charges, you'll be up against the local San Pedro, CA prosecution. But for more serious cases, 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 equipped to defend you against federal crimes in addition to 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 Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential if you're facing 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..
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 prior convictions, you could face harsher penalties. 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 require top-tier defense attorneys. When you're picking an attorney to fight your case in San Pedro, CA, 'good enough' isn't good enough. You want a legal team with the below 3 qualities:
- A History of Success: You want a lawyer who knows how to fight your specific charge. Our team is know for our successful violent crime case results.
- Varied Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined law 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 San Pedro, CA. We have relationships with local prosecutors and judges, and will leverage our relationships in your negotiations.
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 those qualities.
Three Strikes Law Defense in San Pedro, CA
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. 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.
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 Under Three Strikes:
- 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.
- Resentencing Petitions: 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: 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: We argue cruel and unusual punishment, especially for disproportionate sentences. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Your Future: 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.
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. We're ready for your case. Call now to start building your defense.
Tenatious Protection Against Violent Crime Charges – Call Us Today
Don't try to face violent crimes accusations alone. The court system is complex. The San Pedro, CA, district attorney is intimidating. And the consequences are brutal. If you're lacking an expert violent crimes lawyer to defend you, your liberty 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 accept a poor 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 when we first speak until the case is done.
Contact us now to start putting together your defense. Call (800) 755-5174 or fill out our online contact form to speak with amember of our legal team about how to defend you.
We also offer the following legal services in San Pedro, CA:
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