Violent Crimes Lawyer Santa Clarita, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk destroying your reputation, hurting your career, and possibly worst yet, a trip to jail or prison. But accusations are not the same as convictions. And when you hire the Law Offices of David S. Chesley, Inc., you get a shield that will guard you from these consequences. We will tenatiously defend you against violent crimes accusations from any of categories (and more):
- Assault, Threats, and Interpersonal Harm
- Firearm Mishandling
- Family and Animal Abuse
- Sentencing Enhancements
- Procedural and Governance Charges
Our skillful Santa Clarita, CA, violent crimes defense lawyers will examine your case, give you upfront, straightforward answers, and come up with defense tactics that should be effective for your circumstances. We view your case, and you as a person, as unique and deserving of individual attention. If you need to construct your defense, call us at (800) 755-5174 or tell us about your case online now for a free, 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 Santa Clarita, 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. It all starts with the following steps:
- Learn 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 research the charges and Santa Clarita, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as self-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 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. Before you can be conficted in Santa Clarita, CA, the state needs to prove elements 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. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
For instance, 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) goes a step further, with one person successfully, intentionally harming another. Each of these can be charged as misdemeanors or felonies, with the state making that decision based on the circumstances. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. Probation is more likely if you don't have any prior convictions on your record, 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 Santa Clarita, CA, Violent Crime Allegations 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 someone else." Many people aren't aware that to be guilty of assault, there only has to be an attempt at causing harm, regardless of whether or not you actually cause harm.
While simple assault charges are harsh in and of themselves, 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: Attempts to harm while using a non-firearm weapon. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
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 just being attempted. In Santa Clarita, CA, it's common to be charged with both at the same time after an altercation. On the flip side, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. Regardless of whether you wanted to (or even could) follow through on the threats, you can be found guilty.
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 difference in specific statutes, it's important to work with a violent crimes lawyer who can protect you from any of the possible charges.
Here are some other related violent crimes charges our attorneys defend in Santa Clarita, CA,:
- False Imprisonment: This is defined as an incident when one person wrongfully restrains or confines another, 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: As opposed to the above allegations, human trafficking is done for specific, extra bad 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 goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
- Mayhem: What was once a battery charge can be elevated to mayhem if certain circumstances apply, such as the severing of someone's limb.
- 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 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 Santa Clarita, CA. 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.
Often, 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 any Santa Clarita, 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 will almost always be a more serious charge. Particularly for allegations 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 experienced Santa Clarita, CA, violent crimes defense attorney will fight no just to keep you out of prison, but also to prevent further restrictions on your Second Amendment rights.
Family and Animal Abuse Defense Lawyers
The stakes are high for all kinds of violent crime allegations. Domestic accusations, though, are especially hard to fight. Domestic violence goes beyond battery on your spouse; it includes intentional or unintentional harm, threats of abuse, and even just placing someone in fear of harm. 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.
If the alleged victim was a child, that can also affect which charges are filed. Child abuse involves the direct, intentional cause of harm to a child, 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 expert violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We also defend against animal cruelty charges, elder abuse charges, and, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Santa Clarita, CA, violent crime cases are rooted in some alleged act of violence. That said, you can also face heightened charges and/or sentencing enhancement for special circumstances.
One way we frequently see penalties increased is through 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 closely related. You could be convicted of conspiracy if you agree with somebody else to commit a crime, and either one of you does something overt to advance the plan.
You could also see increased penalties if you're being charged with a hate crime. While hate crimes can be standalone offenses, it's common for them to be used as enhancements to other crimes. The prosecutor in Santa Clarita, 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.
Furthermore, our Santa Clarita, 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 to wait significantly longer before earning eligibility for parole. With two prior strikes, the penalty could be 25-years-to-life in prison, with further contstraints on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Santa Clarita, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer carries harsher penalties than simple assault, 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 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 Clarita, CA prosecution. On some occasions, when the accusations are especially severe, 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 ready to defend you against federal crimes in addition to state charges.
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential if you're facing 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.
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 any convictions on your record, 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
Violent crimes charges require top-tier defense attorneys. When you're deciding on a lawyer to fight your case in Santa Clarita, CA, 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 is know for our successful violent crime defense results.
- Diverse Legal Experience: We have over 50 years of combined law experience, including time as prosecutors, judges, and police officers. We know how the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Relationships in Your Area's Court: We handle court cases all over California, including in Santa Clarita, CA. We know local prosecutors and judges, and will lean on them to secure a favorable outcome.
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 someone with all those characteristics.
Defending Against California's Three Strikes Law in Santa Clarita
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Santa Clarita, CA, clients, as it dramatically enhances sentences for repeat offenders. 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. 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. Violent crimes like carjacking, assault, battery, and firearm offenses are all common sources of strikes. Repeat convictions lead to increased sentences, up to life in prison.
Defense Strategies Under Three Strikes:
- Romero Motions: 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. 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. 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.
A Santa Clarita, CA, client with two priors faced a third strike for assault on a peace officer. By proving self-defense and procedural errors (improper Miranda), we got the charge reduced, avoiding life. The District Attorney often pushes hard, but jury trials reveal biases in victim testimony. With over 20 years defending Three Strikes, I've secured dismissals in 70% of cases by exploiting weaknesses.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in Santa Clarita, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. Don't give up; these cases are winnable. Contact our team today if you need help.
Tenatious Protection Against Violent Crime Charges – Call Our Attorneys Right Away
You need help when you're fighting against violent crimes allegations. The laws are complicated. The Santa Clarita, CA, district attorney is strong. And the punishments are heavy. If you don't have an expert violent crimes lawyer to defend you, 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 easier to get. We battle the state. We listen to your story, craft a resolute defense, and protect your freedom from the day you call until the case is done.
Reach out to us now to start putting together your defense. Connect with us at (800) 755-5174 or fill out our online contact form to speak with a member of our team about how to fight these charges.
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