Violent Crimes Lawyer West Covina, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk damaging your reputation, ruining your career, and perhaps worst of all, a lengthy prison sentence. But you can fight to protect yourself. And with the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard you from these 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 West Covina, CA, violent crimes defense lawyers will investigate your case, tell you the truth about your situation, and develop defensive strategies that should be effective for your charges. 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 reach out online today for a no-obligation, private consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Accusations
Our team of West Covina, 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. This is how we do it:
- Learn Your Story – When we build a defense, it all starts with you. 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 West Covina, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Put Together a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense of others, lack of intent, or false allegations.
- Plea Bargain With the State – Any time we communicate with the West Covina prosecution about your case, we will stand strong to find a deal that works for you.
- Fight At Trial – If there is a 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. The West Covina, CA, prosecution, often led by the District Attorney, must prove factors like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. 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, the difference between assault and battery in California is critical: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), meanwhile battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Both can be 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. First-time offenders facing misdemeanor charges are more likely to avoid prison, 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 West Covina, CA, Violent Crime Categories We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. 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." Many people don't realize 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. Another similar one is assault with a deadly weapon: Committing assault while using a weapon other than a gun. These variations are not actually given their own specific laws in California, but instead are lumped together under the broad umbrella of "assault laws."
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, rather than simply being attempted. You'll find that in many cases, if you're accused of battery in West Covina, CA, you'll also be accused of assault. On the flip side, criminal threats charges can result even from a nonviolent altercation. All you have to do is 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. As a result of the variation in specific statutes, it's paramount to find a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Here are some other related violent crimes charges our attorneys defend in West Covina, CA,:
- False Imprisonment: False imprisonment occcurs 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: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra grim reasons like 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 a specific, grevious category of attack done for reasons such as revenge or extortion.
- 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 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 West Covina, CA. California firearm offenses vary widely in nature and scope, and you can get in trouble for something as simple as unlawful possession.
In many cases, unlawful possession charges are related to a felon in possession of a firearm, but they could also be the result of having a concealed firearm without a permit or a felon possessing ammunition.
While any West Covina, CA, gun charges are significant, 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. Most of the time this is charged as a misdemeanor.
On the other hand, discharging a firearm will frequently get you harsher sentences. 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 expert West Covina, 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. Domestic accusations, though, are especially hard to fight. Domestic violence has a wider definition than battery on your spouse; it includes intentional or unintentional harm, 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), meanwhile child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, heightening their seriousness.
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, if an adolescent or child is the alleged offender, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of West Covina, CA, violent crime cases are rooted in some alleged act of violence. However, you can also face elevated charges and/or sentencing enhancement if certain circumstances apply.
One of the most common examples is gang enhancements. If a crime was committed in the furtherance of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are another group-related charge. You can be found guilty of conspiracy if you make a plan with another person to commit a crime, 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. While hate crimes can be standalone offenses, you can also see them used as enhancements to other crimes. The district attorney in West Covina, CA may charge another crime as a hate crime if they think that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.
Finally, our West Covina, CA, violent crimes attorneys can help protect you from California's three strikes law. Under it, certain serious felonies are classified as "strikes" in your criminal history. With one prior strike, if you are convicted of a new felony, the sentence will be doubled, and you won't be eligible for parole until you've served 80% of the sentence. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with additional limitations on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in West Covina, CA, the allegations can be even more severe. 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 set 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.
These charges, as well as all the charges listed above, are most often handled by the West Covina, CA, local prosecutor. But for more serious cases, a federal prosecutor may fight against you. 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 prepared to defend 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
Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential for 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..
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 priors, you could face sentencing enhancements if convicted. 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
You don't want to go into a violent crimes case without the right lawyer. When you're picking a lawyer to defend you in West Covina, CA, 'good enough' isn't good enough. You want someone with the below 3 qualities:
- Prior Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team has a history of successful violent crime defense results.
- Expansive Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined courtroom experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how the state tries to get violent crimes convictions, and how to fight for a positive outcome.
- Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in West Covina, CA. We are familiar with local prosecutors and judges, and will use them to your advantage.
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 West Covina, CA
California's Three Strikes Law (Penal Code 667) is a massive search trigger for West Covina, 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. 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.
As a violent crime defense attorney, I dedicate extensive resources to 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.
West Covina, CA, Three Strikes Law Defense Strategies:
- Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- 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: Even better than having prior strikes removed, we'll fight to prevent you getting one in the first place. This often comes from skillful plea negotiation. 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. 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: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
A West Covina, 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 West Covina, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. 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 laws are complicated. The West Covina, CA, prosecutor is intimidating. And the sentences are brutal. Without an expert violent crimes lawyer at your side, your innocence and constitutional rights are in danger.
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 the first one offered. We battle the state. We listen to your story, craft a resolute defense, and fight for your rights from the day you call until the case is over.
Reach out to us now to begin building your defense. Call (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 fight these charges.
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