Violent Crimes Lawyer Santa Barbara, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk damaging your reputation, ruining your career, and worst of all, 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're getting expert legal representation to protect you from these legal and personal 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 Santa Barbara, CA, violent crimes defense lawyers will research your case, give you honest advice, and develop defense strategies that will be effective for your circumstances. You deserve a defense tailored to you, and we can provide that. If you're ready to construct your defense, call us at (800) 755-5174 or contact us online today for a no-obligation, private consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations
Our team of Santa Barbara, 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:
- Listen to 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 Statutes and Your Case – We'll investigate the charges and Santa Barbara, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Build a Defense Strategy – We'll recommend a defensive strategy such as self-defense, consent, or procedural error.
- 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 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 Santa Barbara, 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, the difference between assault and battery in California is critical: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, meanwhile battery (Penal Code 242) involves actually causing harm. Both can be charged as misdemeanors or felonies, with the state making that decision based on the circumstances. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. 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. 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 Santa Barbara, CA, Violent Crime Charges 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. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on somebody." Many 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 can already get you months in prison and a $1,000 fine, but there are several more serious variations of them. 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 non-firearm weapon. These variations are not actually given their own specific laws in California, but instead are lumped together under the broad umbrella of "assault laws."
Now that we've covered assault, let's discuss battery. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of simply being attempted. In Santa Barbara, CA, it's common to be charged with both at the same time after an altercation. Meanwhile, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. You can be found guilty even if you didn't have the ability to carry out the threats.
Reckless endangerment charges are another set of charges that are typical in Santa Barbara, CA. This can include reckless driving, child endangerment, and other charges along those lines. Because of the difference in each of the statutes, it's important to find a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Our violent crime defense attorneys can also help you fight the following charges in Santa Barbara, CA,:
- False Imprisonment: False imprisonment occcurs when one person confines another to a space against their will, and could be as simple as you allegedly blocking a doorway.
- 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 purposes like 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: 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: 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
Due to state law, you're not able to just do whatever you please with a gun in Santa Barbara, CA. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Frequently, 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 all Santa Barbara, CA, firearm charges are important to take seriously, one thing that can make a big difference is how you supposedly used the gun. 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.
On the contrary, discharging a firearm can greatly increase the punishment you're facing. Particularly in incidents 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 Santa Barbara, 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 any actual harm caused, threats of harm, and even just making someone think that they could be injured. 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 could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, heightening their seriousness.
Our household violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We also defend against 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 Santa Barbara, CA, violent crime cases are rooted in some alleged act of violence. However, you might also need to fight elevated charges and/or sentencing enhancement if your case meets certain criteria.
One way we frequently see penalties increased is through gang enhancements. If a crime was committed in the furtherance of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are another group-related charge. You could be found guilty of conspiracy if you collaborate with another person to commit a crime, and either one of you does something that furthers the commission of the 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, you can also see them used as enhancements to other crimes. The prosecution in Santa Barbara, CA may charge another crime as a hate crime if they think that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Additionally, our Santa Barbara, CA, violent crimes attorneys can help guard you from 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 will have a harder time securing early release. With two prior strikes, the penalty could be 25-years-to-life in prison, with further limitations on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Santa Barbara, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a similar category 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.
For the majority of violent crime charges, you'll be up against the local Santa Barbara, CA prosecution. But when the state views a case as extra severe, a federal prosecutor will take charge. 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 ready to represent you against federal crimes as well as state charges.
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential if you're up against 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.
Without a leading violent robbery defense lawyer, you could be facing serious felony charges without a path out. At the Law Offices of David S. Chesley, we will fight to get your charges reduced and case dismissed. 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
Violent crimes charges require top-tier defense attorneys. When you're picking a lawyer to defend your rights in Santa Barbara, CA, you want a firm with the below 3 qualities:
- A History of Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team is know for our successful violent crime defense results.
- Expansive Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have inside knowledge of the ways the state builds its case against you, and how to poke holes in it.
- Relationships in Your Area's Court: We're ready for your case in Santa Barbara, CA. We are familiar with local prosecutors and judges, and will leverage our relationships in your negotiations.
When fighting your violent crimes case, you don't want to gamble on an attorney who's unprepared or doesn't meet these criteria. And with the Law Offices of David S. Chesley, Inc., you'll get those qualities.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Santa Barbara, CA. 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. 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. 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.
Santa Barbara, CA, Three Strikes Law Defense Strategies:
- Challenging Prior Strikes: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. 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: 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. 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 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 Santa Barbara, 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 Santa Barbara, 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.
Staunch Protection Against Violent Crime Charges – Call Us Today
You need help when you're fighting against violent crimes allegations. The statutes are complicated. The Santa Barbara, CA, prosecutor is intimidating. And the sentences are tough. If you're lacking an expert violent crimes lawyer at your side, your innocence and constitutional rights are at risk.
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 battle the state. We start every case by listening to our client, and protect your rights from day one until the case is concluded.
Contact us now to start building your defense. Connect with us at (800) 755-5174 or let us know how we can help you on our online contact form to speak with a lawyer about how to protect your rights.
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