Violent Crimes Lawyer West Covina, CA. Fighting violent crimes charges is critical to your future. They risk wrecking your reputation, setting back your career, and possibly worst of all, a trip to jail or prison. But you have a chance at a more positive outcome. And when you call the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard you from these 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 experienced West Covina, CA, violent crimes defense lawyers will examine your case, give you upfront, straightforward answers, and look for defensive tactics that should be effective for your situation. You deserve a defense tailored to you, and we can provide that. If you need to create your defense, call us at (800) 755-5174 or contact us online today for a free, confidential consultation.
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 know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. Here's how we'll do that for your case:
- Learn About Your Story – When we build a defense, it all starts with you. We want to hear from you what really happened and why.
- Research the Law and Your Case – We'll investigate the charges and West Covina, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as self-defense, consent, or false allegations.
- 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 your case reaches 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 West Covina, CA, the state must prove elements 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. 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) involves an attempt or threat to harm, while battery (Penal Code 242) involves actually causing harm. Each of these can be charged as misdemeanors or felonies, depending on severity. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. First-time offenders facing misdemeanor charges are more likely to avoid prison, but repeat offenders or felony charges are more likely to face harsh penalties. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.
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. In fact, the literal definition describes it as attempting "a violent injury on somebody." Many people aren't aware that to be charged with assault, there only has to be an attempt at causing harm, not necessarily actually cause harm.
While simple assault charges are harsh in and of themselves, you could also potentially face a severe variation on the charges. 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 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
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 just 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. Meanwhile, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. 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 other charges along those lines. Due to the variation in each of the laws, you need to hire a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in West Covina, CA,:
- False Imprisonment: This occurs when one person wrongfully restrains or confines another, for example, locking another person in a room.
- Kidnapping: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
- Human Trafficking: As opposed to the above allegations, human trafficking is done for specific, 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: Terrorist threats are another form of criminal threats – you can expect there to be links to hate crimes in these cases.
- Torture: Torture is used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- 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: Whether or not you burned something on purpose is the key difference between arson charges and reckless burning.
- 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
The right to bear arms comes with many restrictions and responsibilities in West Covina, CA. California firearm offenses cover a large swath of statutes, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.
Commonly, these charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all West Covina, 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. Most of the time this is charged as a misdemeanor.
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, the penalties are very harsh.
An experienced 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
The stakes are high for all kinds of violent crime allegations. Domestic accusations, though, are especially hard to fight. Domestic violence isn't just 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.
Crimes against children also have their own specific legal categories. Child abuse involves the direct, intentional cause of harm to a child, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, amplifying their seriousness.
Our household 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
Some violent crime accusations are just that – the West Covina, CA, prosecutor alleges that you committed an action that broke the law. That said, you might also face elevated charges and/or sentencing enhancement if your case meets certain criteria.
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, the sentence you face can be increased by several years. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You can be found guilty of conspiracy if you make a plan with somebody else to commit a crime, and either one of you does something overt to advance the plan.
Another way you can see your sentence raised is if you're accused of a hate crime. Sometimes, a hate crime accusation is its own charge. However, you can also see them used as enhancements to other crimes. The district attorney in West Covina, CA is likely to apply a hate crime label if the alleged offender committed the crime as an attack against a specific protected group.
Lastly, our West Covina, CA, violent crimes attorneys can help protect 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 a harder time securing early release. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with additional limitations on parole.
Procedural and Governance Charges Defense Lawyers
When you get into an altercation with the police in West Covina, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer can result in more prison time than if the assault was against a non-officer, 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 this can broadly apply to anything done to get in their way, whether or not they were trying to arrest you.
In most cases, if you're accused of a violent crime in West Covina, 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 ready 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 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 priors, you could face harsher penalties. Restraining orders may follow if violence is alleged, impacting your life long-term.
Top 3 Violent Crimes Defense Lawyer Qualities
Violent crimes charges require top-tier defense attorneys. When you're deciding on an attorney to defend your rights in West Covina, CA, it's important to hire a firm 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.
- Diverse Legal Experience: Our team has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We have inside knowledge of how the state prosecutes these cases, and how to fight against them.
- Local Relationships: We're ready for your case in West Covina, CA. We are familiar 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.
Three Strikes Law Defense in West Covina, CA
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in West Covina, CA, into something much more serious. 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. 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.
West Covina, CA, Three Strikes Law Defense Strategies:
- Romero Motions: 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: 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: 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. Lack of intent defenses prevent strike enhancements.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. 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. We advocate for early release or expungement where possible.
If you're facing Three Strikes charges in West Covina, 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 West Covina, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. We're ready for your case. Call now to start building your defense.
Tenatious Protection Against Violent Crime Charges – Call Our Lawyers Right Away
You need help when you're fighting against violent crimes allegations. The legal system is complicated. The West Covina, CA, district attorney is formidable. And the punishments are severe. If you don't have an expert violent crimes lawyer to defend you, your innocence 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 fight. We start every case by listening to our client, and protect your freedom from when we first speak until the case is concluded.
Reach out to us now to begin putting together your defense. Call us at (800) 755-5174 or tell us about your case via our online contact form to speak with a member of our team about how to fight these charges.
We also offer the following legal services in West Covina, CA:
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