Violent Crimes Lawyer South Gate, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk harming your reputation, hurting your career, and perhaps worst yet, a lengthy prison sentence. But accusations are not the same as convictions. And when you call the Law Offices of David S. Chesley, Inc., you get a shield that will guard 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 South Gate, CA, violent crimes defense lawyers will examine your case, be honest with our recommendations, and look for defense tactics that can be used for your charges. We know that every case is unique and treat every client with respect. If you need to create your defense, call (800) 755-5174 or tell us about your case online today for a no-obligation, confidential consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations
Our team of South Gate, 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 About Your Story – We believe that you should be at the center of your defense. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll research the specifics of the charges and South Gate, 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, lack of intent, 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 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. The South Gate, CA, prosecution, often led by the District Attorney, must 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. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. Several of these cases hinge on testimony as much as physical evidence — our attorneys will dissect alleged victim testimony in cross-examination and show your side of the story.
If you're curious about violent crime distinctions, 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, meanwhile battery (Penal Code 242) requires actual physical contact. Each of these can be misdemeanors or felonies, depending on severity. 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. 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 South Gate, CA, Violent Crime Charges We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. 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 somebody." Many people are unaware that to be charged with assault, one only has to attempt to cause harm, not necessarily actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault is just that: assault with intent to cause serious bodily injury. Another similar one is assault with a deadly weapon: Committing assault 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
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, instead of simply being attempted. You'll find that in many cases, if you're accused of battery in South Gate, CA, you'll also be accused of assault. On the flip side, 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.
Reckless endangerment charges are another set of charges that are typical in South Gate, CA. This can include reckless driving, child endangerment, and similar charges. Due to the variation in each of the statutes, it's paramount to find a violent crimes lawyer who can protect you from any of the possible charges.
Our attorneys also can defend you against the below violent crimes charges in South Gate, CA,:
- False Imprisonment: This is defined as an incident when an individual detaining another without just cause, 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 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 particular, extra grim reasons such as 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 aren't their own statute, but are an unofficial term for certain criminal threats charges – 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: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in South Gate, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, sometimes even just being the result of unlawful possession.
In many cases, these charges are related to a felon in possession of a firearm, but you could also face them for possessing a concealed firearm without a permit or a felon possessing ammunition.
While any South Gate, 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 does not typically involve firing the gun, but instead using it to make a threat. This is often prosecuted as a misdemeanor instead of a felony.
On the contrary, discharging a firearm will frequently get you harsher sentences. Especially for allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An excellent South Gate, 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. But if family is involved, they get even scarier. Domestic violence goes beyond battery on your spouse; it includes injuries of all kinds, threats of harm, 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.
Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, increasing 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
If you're facing violent crime charges in South Gate, CA, there's a good chance that they're one of the ones above. But you can also face increased charges and/or sentencing enhancement for special circumstances.
One way we frequently see penalties increased is through gang enhancements. If a different crime was committed as a part of gang activities, 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 agree with another person to break the law, 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, they are frequently used as enhancements to other crimes. The prosecution in South Gate, CA is likely to apply a hate crime label if the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Additionally, our South Gate, CA, violent crimes attorneys can help defend you from California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. With one prior strike, sentences for felony convictions are doubled, and you will have to wait significantly longer before earning eligibility for parole. If a conviction would be your third strike, the penalty could be 25-years-to-life in prison, with additional restrictions on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in South Gate, 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 covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a similar set 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.
These charges, as well as all the charges listed above, are most often handled by the South Gate, CA, local prosecutor. But when the state views a case as extra 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 proud to be your defense attorney for 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
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential if you're up against 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..
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 prior convictions, 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
You don't want to go into a violent crimes case without the right lawyer. When you're picking a lawyer to fight your case in South Gate, CA, it's important to hire 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 case results.
- Varied Legal Experience: We have over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We have experience in the ways 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 South Gate, CA. We have relationships 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 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 important to keep in mind for violent crimes charges in South Gate, CA. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. 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.
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.
Defense Strategies Under Three Strikes:
- Challenging Prior Strikes: We file Romero motions to strike priors if they're old, minor, or unjust. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Resentencing Petitions: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. This has the potential to reduce charges from a life sentence down to time served, if the third strike was non-violent.
- Avoiding New Strikes: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. 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.
Three strikes charges are not something to take lightly. If you're facing a third strike in South Gate, 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 South Gate, 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.
Staunch Defenses Against Violent Crime Charges – Call Our Legal Team Today
You need help when you're fighting against violent crimes allegations. The court system is convoluted. The South Gate, CA, district attorney is formidable. And the sentences are tough. If you're lacking an expert violent crimes lawyer at your side, 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 accept a poor plea deal, just because it was faster. We confront the charges. We start every case by listening to our client, and fight for your rights from the day you call until the case is concluded.
Contact us now to begin putting together your defense. Call (800) 755-5174 or fill out our online contact form to speak with a member of our team about how to defend you.
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