Violent Crimes Lawyer Temecula, CA. Fighting violent crimes charges is critical to your future. They risk damaging your reputation, hurting your career, and worst yet, a trip to jail or prison. But accusations are not the same as convictions. And when you call the Law Offices of David S. Chesley, Inc., you have someone protecting 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 skillful Temecula, CA, violent crimes defense lawyers will research your case, give you upfront, straightforward answers, and look for defensive tactics that will be effective for your circumstances. You deserve a defense tailored to you, and we can provide that. If you're ready to create your defense, contact us at (800) 755-5174 or contact us online now for a no-obligation, private consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of Temecula, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we design our defensive strategy around the specifics of your situation. This is how we do it:
- Learn 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 Statutes and Your Case – We'll investigate the charges and Temecula, 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, lack of intent, or procedural error.
- Plea Bargain With the State – We won't back down in negotiations; we'll fight to secure a plea deal that protects your interests.
- Fight At Trial – Should your case go to 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. If you're facing accusations of one of these crimes in Temecula, CA, it can be intimidating, but don't panic: The prosecution must prove factors like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. 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.
If you're curious about violent crime distinctions, the difference between assault and battery in California is critical: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, while battery (Penal Code 242) requires actual physical contact. Each of these can be misdemeanors or felonies, depending on severity. 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 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 Temecula, CA, Violent Crime Categories 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 the person of another." Most people are unaware that to be guilty of assault, one only has to attempt to cause harm, even if you don't actually cause harm.
While simple assault charges are harsh in and of themselves, the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault types of charges stem from attempts to cause serious harm, rather than just harm in general. Closely related is assault with a deadly weapon: Attempts to harm while using a weapon other than a gun. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
As discussed above, assault only requires an attempt to cause harm. Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, rather than simply being attempted. After a fight, Temecula, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the flip side, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. 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. As a result of the difference in each of the statutes, you need to have a violent crimes lawyer who knows how to defend each of the charges.
Our attorneys also can defend you against the below violent crimes charges in Temecula, CA,:
- False Imprisonment: This is defined as an incident 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 particular, extra bad 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: Terrorist threats are another form of criminal threats – watch out for linked hate crime accusations in these cases.
- Torture: Torture is used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- Mayhem: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- 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
While most people do still have the right to own a firearm in Temecula, CA, it comes with many constraints. California firearm offenses vary widely in nature and scope, sometimes even just being the result of unlawful possession.
Often, unlawful possession 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 any Temecula, CA, firearm charges are significant, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm will almost always be a more serious charge. Particularly for 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.
A high-quality Temecula, 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
Violent crime charges are bad enough on their own. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence has a wider definition than battery on your spouse; it includes intentional or unintentional harm, threats of abuse, 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.
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 consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, increasing their gravity.
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, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Temecula, CA, violent crime cases are rooted in some alleged act of violence. However, you could also be up against heightened charges and/or sentencing enhancement if certain circumstances apply.
In many cases, the punishments can be heightened via 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, the sentence you face can be increased by several years. Conspiracy charges are another group-related charge. You could be found guilty of conspiracy if you agree with another person to break the law, 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. While hate crimes can be standalone offenses, you can also see them used as enhancements to other charges. The prosecutor in Temecula, 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.
Finally, our Temecula, CA, violent crimes attorneys can help guard 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. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with further restrictions on early release.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in Temecula, 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 closely related category of charges, though these ones aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.
In most cases, if you're accused of a violent crime in Temecula, CA, you'll be in municipal court against a local prosecuting attorney. But for more serious cases, a federal prosecutor will take charge. 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 represent 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
A robbery defense attorney is essential if you're up against 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.
Because of the importance of witness testimony, it's important to work with a leading violent crimes defense lawyer to build your defense. We can present your side of the story, challenge the prosecution's witnesses, and show an alternative interpretation of the events. If you're on parole or have any convictions on your record, 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 need high-quality defense lawyers. When you're deciding on an attorney to defend you in Temecula, CA, it's important to hire a legal team 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.
- Varied Legal Experience: We have over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how 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 Temecula, CA. We have relationships with local prosecutors and judges, and will leverage our relationships in your negotiations.
With a legal team with these qualifications defending you from violent crimes allegations, you'll get the best chance of a positive outcome. And with the Law Offices of David S. Chesley, Inc., you'll get someone with all those properties.
Defending Against California's Three Strikes Law in Temecula
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Temecula, 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. 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:
- Challenging Prior Strikes: We file Romero motions to strike priors if they're old, minor, or unjust. Success rates are high with compelling arguments, like rehabilitation or procedural errors in old cases.
- Resentencing Petitions: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. 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. 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 Life After Conviction: Stirkes not only add onto your sentence: they also delay parole eligibility. We advocate for early release or expungement where possible.
If you're facing Three Strikes charges in Temecula, 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.
Three Strikes disproportionately affects minorities and low-income areas like parts of Temecula, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. Don't give up; these cases are winnable. Contact our team today if you need help.
Tenatious Defenses Against Violent Crime Charges – Call Our Legal Team Right Away
Violent crimes charges are tough to fight on your own. The legal system is convoluted. The Temecula, CA, prosecutor is frightening. And the sentences are oppressive. If you're lacking 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 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 fight. We listen to your story, craft a resolute defense, and defend your freedom from when we first speak until the case is concluded.
Reach out to us now to begin putting together 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 an attorney about how to protect your rights.
We also offer the following legal services in Temecula, CA:
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