Violent Crimes Lawyer Westlake Village, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk wrecking your reputation, setting back your career, and 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 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 experienced Westlake Village, CA, violent crimes defense lawyers will look into your case, give you upfront, straightforward answers, and find defense strategies that can be used for your circumstances. You deserve a defense tailored to you, and we can provide that. If you need to build your defense, speak with one of our representatives (800) 755-5174 or reach out online now for a free, private consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of Westlake Village, CA, criminal defense lawyers know that every violent crime case is unique, and we build a defense that's suited to your specific case. It all starts with the following steps:
- Listen to 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 Statutes and Your Case – We'll investigate the charges and Westlake Village, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- 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 – 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
In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. When you've been accused of a violent crime in Westlake Village, CA, the state needs to prove elements like your culpability beyond a reasonable doubt. After an investigation, if the state believes it has enough evidence against you, they will make formal charges against you. Many violent crime charges in California are 'wobblers,' meaning that they can be charged as either a misdemeanor or a felony. Misdemeanors have lighter sentences, while felonies can land you in prison for years. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.
For instance, the difference between assault and battery in California is critical: Assault (Penal Code 240) involves an attempt or threat to harm, while battery (Penal Code 242) involves actually causing harm. Both 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. A first-time misdemeanor assault might lead to probation, 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 Westlake Village, CA, Violent Crime Allegations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
If you hear the phrase 'violent crimes,' assault is probably one of the first to come to mind. 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 don't realize that to be guilty of assault, there only has to be an attempt at causing harm, regardless of whether or not you 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 charge types in particular are very similar to assault: they normally requires that the alleged offender was trying to cause 'serious' harm rather than general harm. Another similar one is assault with a deadly weapon: Assault 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."
As discussed above, assault only requires an attempt to cause harm. Battery occurs when harm is actually done, instead of just being attempted. You'll find that in many cases, if you're accused of battery in Westlake Village, CA, you'll also be accused of assault. 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. You can be found guilty even if you didn't have the ability to carry out the threats.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and similar charges. As a result of the variation in specific statutes, it's important to work with a violent crimes lawyer who knows how to defend each of the charges.
The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in Westlake Village, CA,:
- False Imprisonment: False imprisonment occcurs when one person confines another to a space against their will, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra heinous purposes like 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 can expect there to be links to hate crimes 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: 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
The right to bear arms comes with many restrictions and responsibilities in Westlake Village, CA. California firearm offenses vary widely in nature and scope, 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 they could also be the result of carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Westlake Village, CA, firearm charges are major, a major differentiator is whether you allegedly used the weapon or not. 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 other hand, discharging a firearm will frequently get you harsher sentences. Particularly for incidents such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An experienced Westlake Village, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. Domestic accusations, though, are especially hard to fight. Domestic violence goes beyond battery on your spouse; it includes any actual harm caused, threats of harm, and even just causing a situation where someone is afraid they'll be hurt. 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 can be filed together, heightening their gravity.
Our expert violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We can also help you fight animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
Some violent crime accusations are just that – the Westlake Village, CA, prosecutor alleges that you committed an action that broke the law. But you can also face elevated charges and/or sentencing enhancement if your case meets certain criteria.
In many cases, the punishments can be heightened via gang enhancements. If a crime was committed in the furtherance of gang activities, 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 could be convicted of conspiracy if you agree 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. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The prosecution in Westlake Village, CA may charge another crime as a hate crime if the alleged offender committed the crime as an attack against a specific protected group.
Additionally, our Westlake Village, CA, violent crimes attorneys can help defend you against 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 won't be eligible for parole until you've served 80% of the sentence. With two prior strikes, the penalty could be 25-years-to-life in prison, with additional limitations on parole.
Procedural and Governance Charges Defense Lawyers
Westlake Village, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. 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 similar category of charges, though this aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.
These charges, as well as all the charges listed above, are most often handled by the Westlake Village, CA, local prosecutor. But for more serious cases, 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 equipped to defend you against federal crimes in addition to state charges.
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer if you're up against 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.
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 prior convictions, 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
Violent crimes charges need high-quality defense lawyers. When you're picking a lawyer to fight your case in Westlake Village, CA, 'good enough' isn't good enough. You want a legal team 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.
- Expansive Legal Experience: The Law Offices of David S. Chesley, Inc., has over 50 years of combined legal experience, including time as prosecutors, judges, and police officers. We know 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 Westlake Village, 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 those qualities.
California Three Strikes Law Defense: A Significant Focus for Local Clients
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Westlake Village, 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. 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.
You need a law office with extensive resources to fight against Three Strikes cases. And the Law Offices of David S. Chesley has those resources. 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.
Westlake Village, CA, Three Strikes Law Defense Strategies:
- File Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. 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. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- Avoiding New Strikes: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. 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 Your Future: Strikes delay parole eligibility. We advocate for early release or expungement where possible.
If you're facing Three Strikes charges in Westlake Village, 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 Westlake Village, CA. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. We're ready for your case. Call now to start building your defense.
Tenatious Defenses Against Violent Crime Charges – Call Us Today
Don't try to face violent crimes accusations alone. The court system is complex. The Westlake Village, CA, prosecutor is frightening. And the penalties are severe. If you don't have an expert violent crimes lawyer at your side, your freedom 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 settle for a bad plea deal, just because it was faster. We confront the charges. We make a defense with you at the center, and defend your freedom from the day you call until the case is over.
Contact us now to start 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 defend you.
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