Violent Crimes Lawyer Whittier, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk destroying your reputation, hurting your career, and perhaps worst yet, a long time in jail or prison. But all hope is not lost. And with the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard 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 skillful Whittier, CA, violent crimes defense lawyers will research your case, be honest with our recommendations, and develop defense strategies that will be effective for your charges. You deserve a defense tailored to you, and we can provide that. If you need to build your defense, call (800) 755-5174 or fill out our contact form today for a no-obligation, confidential consultation.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Allegations
Our team of Whittier, CA, criminal defense lawyers know that every violent crime case is unique, and we design our defensive strategy around the specifics of your situation. It all starts with the following steps:
- Learn About 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 Law and Your Case – We'll research the specifics of the charges and Whittier, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
- Craft a Defense Strategy – Our team will recommend a defensive strategy such as defense, consent, or procedural error.
- Plea Bargain With the State – Any time we communicate with the Whittier prosecution about your case, we will stand strong to find a deal that works for you.
- 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 Whittier, CA, the state needs to prove elements 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. 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. 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.
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) occurs when one person threatens or attempts to hurt another, while battery (Penal Code 242) requires actual physical contact. 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. 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. 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 Whittier, 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 someone else." A lot of people don't know that to be charged with 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, there are several more serious variations of them. 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: Committing assault while using a non-firearm weapon. 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 occurs when harm is actually done, rather than only being attempted. You'll find that in many cases, if you're accused of battery in Whittier, 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. 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. Because of the difference in specific laws, it's critical to have a violent crimes lawyer who knows how to defend each of the charges.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Whittier, 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: 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 bad reasons 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 are another form of criminal threats – you're also likely to see hate crime charges 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 involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
The right to bear arms comes with many restrictions and responsibilities in Whittier, CA. California firearm offenses vary widely in nature and scope, and you can get in trouble for something as simple as unlawful possession.
Commonly, unlawful possession charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm without a permit or a felon possessing ammunition.
While all Whittier, CA, firearm charges are serious, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon is when one person shows another a gun (or other weapon) to intimidate them, not necessarily firing it. This is often prosecuted as a misdemeanor instead of a felony.
Meanwhile, discharging a firearm can greatly increase the punishment you're facing. Especially for cases such as a drive-by shooting or shooting at an inhabited dwelling, it's unlikely that you'd get off with a small fee or community service.
An expert Whittier, 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. 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 harm, and even just making someone think that they could be injured. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.
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 includes either negligently or purposefully putting a child in danger. These charges are often filed together, increasing 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
If you're facing violent crime charges in Whittier, CA, there's a good chance that they're one of the ones above. But you might also need to fight increased charges and/or sentencing enhancement if your case meets certain criteria.
In many cases, the punishments can be heightened via gang enhancements. If a different crime was committed as a part of gang activities, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are closely related. You could be convicted of conspiracy if you agree with somebody else to commit a crime, and either one of you does something overt to advance the plan.
Another common sentence enhancement is when an alleged action is charged as a hate crime. While hate crimes can be standalone offenses, it's common for them to be used as enhancements to other charges. The prosecutor in Whittier, CA may charge another crime as a hate crime if they believe that the alleged offender committed the crime as an attack against a specific protected group.
Additionally, our Whittier, CA, violent crimes attorneys can help guard you against California's three strikes law. For alleged repeat offenders, this law can become a tremendous hurdle. Previous felony convictions may count as "strikes" against you. With one prior strike, if you are convicted of a new felony, the sentence will be doubled, and you will have to wait significantly longer before earning eligibility for parole. With two prior strikes, the penalty could be 25-years-to-life in prison, with further restraints on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Whittier, CA, the allegations can be even more severe. Assault on a police officer can result in more prison time than if the assault was against a non-officer, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a similar category 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.
For the majority of violent crime charges, you'll be up against the local Whittier, CA prosecution. 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 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 Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential 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.
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. Restraining orders may follow if violence is alleged, impacting your life long-term.
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 an attorney to defend you in Whittier, CA, you want a firm with the below 3 qualities:
- A History of Success: You want a lawyer who knows how to fight your specific 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 know the ways the state prosecutes these cases, and how to fight against them.
- Local Relationships: We handle court cases all over California, including in Whittier, CA. We know local prosecutors and judges, and will lean on them to secure a favorable outcome.
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.
Three Strikes Law Defense in Whittier, CA
California's Three Strikes Law (Penal Code 667) can greatly impact violent crimes charges in Whittier, CA. The three strikes law assigns a "strike" to each alleged offender for serious or violent felony convictions. After the third, it requires the judge to sentence the alleged offender anywhere from 25 years to life. 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.
Whittier, CA, Three Strikes Law Defense Strategies:
- Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. 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: In current cases, we negotiate pleas to non-strike offenses, like misdemeanor assault instead of felony. 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. False accusations in priors can be exposed via new evidence.
- Impact on Parole and Life After Conviction: 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.
If you're facing Three Strikes charges in Whittier, 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.
There is much debate in Whittier, 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.
Ferocious Defenses Against Violent Crime Charges – Call Us Now
Don't try to face violent crimes accusations alone. The statutes are complex. The Whittier, CA, prosecutor is frightening. And the punishments are grim. If you don't have 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 start every case by listening to our client, and defend your freedom from day one until the case is done.
Contact us now to begin putting together your defense. Call (800) 755-5174 or fill out our online contact form to speak with a lawyer about how to fight these charges.
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