Violent Crimes Lawyer Van Nuys, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk damaging your reputation, devastating your career, and worst of all, a long time in jail or prison. But accusations are not the same as convictions. And when you work with the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these devestating 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 Van Nuys, CA, violent crimes defense lawyers will examine your case, be honest with our recommendations, and find defense tactics that will be effective for your situation. We view your case, and you as a person, as unique and deserving of individual attention. If you need to craft your defense, phone us at (800) 755-5174 or fill out our contact form today for a free, private consultation.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Van Nuys, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we give each of our clients' cases a tailored defense. This is how we do it:
- Learn Your Story – Every case starts with our client. We want to hear from you what really happened and why.
- Research the Law and Your Case – We'll research the charges and Van Nuys, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Craft a Defense Strategy – Our lawyers will recommend a defensive strategy such as self-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 – Should your case go to 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. When you've been accused of a violent crime in Van Nuys, CA, the state must prove factors 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). When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
For instance, let's look at the difference between assault charges and battery charges in California: 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 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 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 Van Nuys, 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. In fact, the literal definition describes it as attempting "a violent injury on the person of another." A lot of people aren't aware that to be guilty of assault, one only has to attempt to cause harm, not necessarily actually cause harm.
While simple assault charges are harsh in and of themselves, there are several more serious variations of them. Aggravated assault types of charges stem from attempts to cause serious harm, rather than just harm in general. Another similar one is assault with a deadly weapon: Attempts to harm while using a non-firearm weapon. These variations aren't official charges, but rather subcategories for more serious assault charges
As discussed above, assault only requires an attempt to cause harm. Battery occurs when harm is actually done, rather than only being attempted. In Van Nuys, CA, it's common to be charged with both at the same time after an altercation. 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.
We also commonly defend reckless endangerment charges in Van Nuys, CA. This can include reckless driving, child endangerment, and similar charges. As a result of the variation in specific laws, it's important to have 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 Van Nuys, 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 is different from false imprisonment because it involves forcibly moving a person from one location to another.
- 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: California defines stalking as repeatedly following or harassing another person, and making a related credible threat.
- Terrorist Threats: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – watch out for linked hate crime accusations in these cases.
- Torture: Torture is a specific, grevious category of attack done for reasons such as revenge or extortion.
- 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 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
While most people do still have the right to own a firearm in Van Nuys, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, sometimes even just being the result of unlawful possession.
Often, these charges are related to a felon in possession of a firearm, but it could also be related to carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While any Van Nuys, CA, firearm charges are serious, 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. This is often prosecuted as a misdemeanor instead of a felony.
On the other hand, discharging a firearm will almost always be a more serious charge. Particularly in cases 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 Van Nuys, 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
The stakes are high for all kinds of violent crime allegations. But if family is involved, they get even scarier. Domestic violence isn't just battery on your spouse; it includes injuries of all kinds, threats of abuse, and even just placing someone in fear of harm. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
If the alleged victim was a child, that can also affect which charges are filed. Child abuse is reserved for deliberate acts of violence against children (like hitting them), 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, intensifying their gravity.
Our expert 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 Van Nuys, CA, violent crime cases are rooted in some alleged act of violence. But you can also be up against elevated 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 closely related. You could be convicted 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.
Another way you can see your sentence raised is if you're accused of a hate crime. While hate crimes can be standalone offenses, they are often used as enhancements to other charges. The district attorney in Van Nuys, CA may charge another crime as a hate crime if the alleged offender committed the crime as an attack against a specific protected group.
Finally, our Van Nuys, CA, violent crimes attorneys can help defend 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, 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 further restraints on early release.
Procedural and Governance Charges Defense Lawyers
Van Nuys, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer carries harsher penalties than simple assault, while resisting arrest covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a closely related 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.
In most cases, if you're accused of a violent crime in Van Nuys, CA, you'll be in municipal court against a local prosecuting attorney. But when the state views a case as extra severe, a federal prosecutor may take over. Federal court can be a whole different arena, and you need a law firm with the strength to fight for your rights against the United States government. The Law Offices of David S. Chesley, Inc., is equipped 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
You need a robbery defense lawyer if you're facing 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 any convictions on your record, these can trigger enhancements. 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 deciding on a lawyer to protect you in Van Nuys, CA, it's important to hire someone with the below 3 qualities:
- A History of Success: You want a lawyer who knows how to fight your specific charge. 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 inside knowledge of the ways the state prosecutes these cases, and how to fight against them.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Van Nuys, 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 characteristics.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) is a massive search trigger for Van Nuys, CA, clients, as it dramatically enhances sentences for repeat offenders. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
As a violent crime defense attorney, I dedicate extensive resources to 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 Against Three Strikes Charges in Van Nuys, CA:
- Challenging Prior Strikes: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Motion for Resentencing: After Proposition 36 was passed in 2012, thousands of people have been resentenced. 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- 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.
Three strikes charges are not something to take lightly. If you're facing a third strike in Van Nuys, 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 Van Nuys, CA over whether California's Three Strikes law is just or not. Reforms continue, but without aggressive defense, clients face lifelong consequences. If searching "California Three Strikes Law defense," know it's winnable—contact me to review your priors.
Tenatious Protection Against Violent Crime Charges – Call Our Legal Team Right Away
Violent crimes charges are tough to fight on your own. The court system is complex. The Van Nuys, CA, prosecutor is strong. And the punishments are tough. 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 accept a poor plea deal, just because it was the first one offered. We fight. We make a defense with you at the center, and defend your freedom from the day you call until the case is done.
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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