Violent Crimes Lawyer Westminster, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk destroying your reputation, hurting your career, and perhaps worst of all, a lengthy prison sentence. But accusations are not the same as convictions. And when you call the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect 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 expert Westminster, CA, violent crimes defense lawyers will look into your case, be honest with our recommendations, and look for defense strategies that can be used for your circumstances. We know that every case is unique and treat every client with respect. If you're ready to create your defense, speak with one of our representatives (800) 755-5174 or tell us about your case online now for a no-obligation, private consultation to discuss your case.
The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Charges
Our team of Westminster, CA, criminal defense lawyers know that every violent crime case is unique, and we give each of our clients' cases a tailored defense. This is how we do it:
- Listen to Your Story – We believe that you should be at the center of your defense. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll research the charges and Westminster, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
- Craft a Defense Strategy – Our team will recommend a defensive strategy such as defense of others, consent, or false allegations.
- Plea Bargain With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
- 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
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 Westminster, CA, the state must prove elements like your culpability 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, 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) goes a step further, with one person successfully, intentionally harming another. Each of these can be charged as 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. 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 Westminster, CA, Violent Crime Charges 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. In fact, the literal definition describes it as attempting "a violent injury on the person of another." A lot of people don't know that to be charged with assault, there only has to be an attempt at causing harm, regardless of whether or not you actually cause harm.
Simple assault charges are usually a misdemeanor, however you could also potentially face a severe variation on the charges. Aggravated assault is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Assault using a non-firearm weapon. These variations aren't official charges, but rather subcategories for more serious assault charges
You might be asking yourself now, "What's the difference between assault and battery?" Battery occurs when harm is actually done, rather than just being attempted. In Westminster, CA, it's common to be charged with both at the same time after an altercation. On the other hand, criminal threats charges can result even from a nonviolent altercation. All you have to do is 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.
Reckless endangerment charges are another set of charges that are typical in Westminster, CA. This can include reckless driving, child endangerment, and similar charges. Because of the difference in individual laws, you need to have a violent crimes lawyer who knows how to defend each of the charges.
Our violent crimes defense lawyers can also help you with the following charges in Westminster, CA,:
- False Imprisonment: False imprisonment occcurs 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra grim reasons such as 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 used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- Mayhem: If a fight resulted in the permanent scarring of another person, the aggressor can be charged with mayhem.
- Arson: Arson involves the intentional and unlawful burning of property, as opposed to reckless burning, which is an unintentional version of the same things.
- 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 Westminster, 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 you could also face them for having a concealed firearm without a permit or a felon possessing ammunition.
While all Westminster, CA, firearm charges are perilous, 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. Most of the time this is charged as a misdemeanor.
Meanwhile, discharging a firearm will frequently get you harsher sentences. Particularly in cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.
An expert Westminster, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. But if family is involved, they get even scarier. Domestic violence goes beyond battery on your spouse; it includes any actual harm caused, threats of abuse, and even just making someone think that they could be injured. 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 charges are saved for when someone alleged hurt a child on purpose, meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, expanding their seriousness.
Our expert violent crimes defense lawyers aren't limited to just conflicts between family members who live together. We also defend against animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
If you're facing violent crime charges in Westminster, CA, there's a good chance that they're one of the ones above. That said, you might also be up against elevated charges and/or sentencing enhancement if certain circumstances apply.
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, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are closely related. You can be convicted of conspiracy if you collaborate with another person to commit a crime, and either one of you does something overt to advance the plan.
You could also see increased penalties if you're being charged with a hate crime. Hate crime charges can be their own case, but, they are often used as enhancements to other crimes. The prosecution in Westminster, CA may charge another crime as a hate crime if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.
Lastly, our Westminster, CA, violent crimes attorneys can help guard you from 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. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with further restraints on parole.
Procedural and Governance Charges Defense Lawyers
Westminster, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer is more heavily penalized than assault against other civilians, 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 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 Westminster, CA, local prosecutor. On some occasions, when the accusations are especially severe, 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 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
Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary
A robbery defense attorney is essential for 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.
In one case, a client faced armed robbery charges after a misunderstanding during a transaction. By exposing false accusations and procedural errors, we secured a misdemeanor plea with no jail time. 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 require top-tier defense attorneys. When you're deciding on a lawyer to fight your case in Westminster, CA, 'good enough' isn't good enough. You want someone 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 has a history of successful violent crime case results.
- Varied 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.
- Local Relationships: We handle court cases all over California, including in Westminster, CA. We are familiar with local prosecutors and judges, and will leverage our relationships in your negotiations.
To maximize your chances of beating violent crimes charges, you need lawyers with all of the above attributes. And with the Law Offices of David S. Chesley, Inc., you'll get someone with all those properties.
Three Strikes Law Defense in Westminster, CA
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in Westminster, CA. 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. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.
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. 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.
Defense Strategies Under Three Strikes:
- Challenging Prior Strikes: Romero motions can be used to request a judge to remove an existing strike on your record. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
- Motion for Resentencing: Post-Prop 36, over 2,000 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. Showing lack of intent is key in thse cases.
- Constitutional Challenges: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Your Future: 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.
A Westminster, 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.
There is much debate in Westminster, CA over whether California's Three Strikes law is just or not. Right now, a high-quality defense is needed to protect alleged offenders from lifelong impacts. Don't give up; these cases are winnable. Contact our team today if you need help.
Staunch Protection Against Violent Crime Charges – Call Us Today
You need help when you're fighting against violent crimes allegations. The statutes are convoluted. The Westminster, CA, district attorney is formidable. 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 settle for a bad plea deal, just because it was faster. We battle the state. We listen to your story, craft a resolute defense, and fight for your freedom from the day you call until the case is done.
Contact us now to begin building your defense. Call us at (800) 755-5174 or fill out our online contact form to speak with an attorney about how to protect your rights.
We also offer the following legal services in Westminster, CA:
Payment Plans
