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, setting back your career, and possibly worst yet, a trip to 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 have someone protecting you from these legal and personal 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 expert Santa Clarita, CA, violent crimes defense lawyers will research your case, give you honest advice, and find defense tactics that should be effective for your case. We know that every case is unique and treat every client with respect. If you need to build your defense, call us at (800) 755-5174 or send us a note online now for a free, private consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Santa Clarita, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, 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 your side of the story.
- Research the Statutes and Your Case – We'll look into the charges and Santa Clarita, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Put Together a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense of others, consent, or procedural error.
- 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 stick with you from start to finish, fighting for a positive outcome.
Understanding Violent Crimes in California: Felony vs. Misdemeanor Charges
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. When you've been accused of a violent crime in Santa Clarita, CA, the state needs to prove components 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. 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.
As an example of the variety of case types, 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) requires actual physical contact. Both can be charged as 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 aggravating factors like a weapon could mean jail time. 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 Santa Clarita, CA, Violent Crime Accusations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. In fact, the literal definition describes it as attempting "a violent injury on somebody." Most people don't realize that to be guilty of assault, there only has to be an attempt at causing harm, even if you don't actually cause harm.
Simple assault charges are usually a misdemeanor, however you could also potentially face a severe variation on the charges. 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: Assault using a weapon other than a gun. These variations don't actually have statutes of their own, and instead are nicknames used to describe specific assault cases
You might be asking yourself now, "What's the difference between assault and battery?" Battery is a step past assault, and allegations include actual harm being caused, instead of only being attempted. You'll find that in many cases, if you're accused of battery in Santa Clarita, CA, you'll also be accused of assault. Meanwhile, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. You don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.
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. Due to the variation in individual statutes, you need to have a violent crimes lawyer who knows how to defend each of the charges.
Here are some other related violent crimes charges our attorneys defend in Santa Clarita, CA,:
- False Imprisonment: This occurs 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra grim reasons such as 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 aren't their own statute, but are an unofficial term for certain criminal threats charges – 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: 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 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 Santa Clarita, 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.
Most commonly, unlawful possession charges are related to a felon in possession of a firearm, but it could also be related to having a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Santa Clarita, CA, gun charges are significant, the way the firearm was (and wasn't) allegedly used can make a big difference. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. Most of the time this is charged as a misdemeanor.
On the contrary, discharging a firearm will frequently get you harsher sentences. Particularly for allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An excellent 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. 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 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.
Crimes against children also have their own specific legal categories. Child abuse charges are saved for when someone alleged hurt a child on purpose, meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges can be filed together, increasing their seriousness.
Our experienced violent crimes defense lawyers aren't limited to just conflicts between family members who live together. 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
The majority of Santa Clarita, CA, violent crime cases are rooted in some alleged act of violence. However, you can also be up against elevated charges and/or sentencing enhancement should your case fall into certain categories.
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 another group-related charge. You could be convicted of conspiracy if you collaborate with somebody else to break the law, and either one of you takes action towards committing that crime.
Another way you can see your sentence raised is if you're accused of 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 prosecution in Santa Clarita, CA may charge another crime as a hate crime if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Lastly, our Santa Clarita, CA, violent crimes attorneys can help protect you against 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. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with additional contstraints on parole.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Santa Clarita, CA, the allegations can be even more severe. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a closely related category 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 Santa Clarita, CA prosecution. But for more serious cases, 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 proud to represent you against federal crimes as well as 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
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is 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 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 need high-quality defense lawyers. When you're deciding on an attorney to defend your rights in Santa Clarita, CA, it's important to hire a firm with the below 3 qualities:
- A History of Success: You want a lawyer who knows how to fight your specific charge. Our team has a history of successful violent crime defense results.
- Varied Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We know the ways the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Local Relationships: We're ready for your case 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.
Three Strikes Law Defense in Santa Clarita, CA
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Santa Clarita, 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. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
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. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- 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: We argue cruel and unusual punishment, especially for disproportionate sentences. 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. 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 Clarita, 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 Clarita, 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 Our Legal Team Now
You need help when you're fighting against violent crimes allegations. The statutes are convoluted. The Santa Clarita, CA, district attorney is frightening. And the penalties are oppressive. Without an expert violent crimes lawyer to defend you, your liberty 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 faster. We battle the state. We listen to your story, craft a resolute defense, and fight for your freedom from the day you call until the case is concluded.
Contact us now to start putting together your defense. Call (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 defend you.
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