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Our Newport Beach Office is located at:
Law Offices of David S. Chesley, Inc.
Newport Beach Criminal Defense Attorneys and Violent Crimes Lawyers
Newport Beach, CA 92660
(949) 891-0102
Violent Crimes Lawyer Newport Beach, CA
In need of experienced legal representation from our violent crimes lawyers in Newport Beach, CA? The Law Offices of David S. Chesley defends clients accused of violent felonies, misdemeanors, and other offenses that can lead to life-changing consequences. Our Criminal Defense Lawyers fight to protect your rights, reduce charges, and pursue full case dismissals.
Contact or call (949) 891-0102 if you’re facing charges to speak with a violent crimes lawyer in Newport Beach, CA.
Learn More About:
- The types of violent crimes we represent listed under §667.5(c)
- How our firm helps reduce charges, secure dismissals, and win at trial
- Penalties for violent crimes, including prison time, fines, and record consequences
- What to do before or after a violent crimes conviction in Newport Beach and why calling our firm matters
View our results and case victories to see how our Newport Beach, CA, violent crimes lawyers have helped others.
Common Newport Beach, CA, Violent Offenses
According to California Penal Code Section §667.5c, there are more than 20 violent offenses that include activities ranging from kidnapping and first-degree murder to arson and rape.
Violent Felonies Under California Law PC §667.5(c)
See below for clarifications on what California considers violent crimes.
- Murder or Voluntary Manslaughter (§187 / §192(a)): Homicide offenses that carry the most severe penalties.
- Mayhem (§203–§205): Disfiguring or disabling another; aggravated mayhem can carry life.
- Rape (§261(a)(2),(6) and former §262(a)(1),(4)): Non-consensual intercourse by force, threats, or specified conditions.
- Sodomy by Force (§286(c),(d)): Sodomy accomplished by force, violence, or threats.
- Oral Copulation by Force (§287(c),(d)): Oral copulation by force, violence, or threats.
- Lewd or Lascivious Act with a Child (§288(a),(b)): Sexual acts with a minor; long terms and registration.
- Felonies Punishable by Death or Life: Any felony carrying death or life imprisonment.
- Felony with GBI or Firearm Use (§12022.7, §12022.8, §12022.9, §12022.3(a), §12022.5, §12022.55): GBI inflicted or firearm personally used, as charged and proved.
- Robbery (§211): Taking by force or fear; a strike.
- Arson (§451(a),(b)): Willful and malicious burning causing injury or burning an inhabited structure.
- Sexual Penetration by Force (§289(a),(j)): Penetration by force, violence, or duress.
- Attempted Murder (§664/§187): Intentional attempt to kill.
- Destructive Devices / Explosions (§18745, §18750, §18755): Possession with intent to murder or explosions causing GBI/death.
- Kidnapping (§207): Seizing or moving another by force or fear.
- Assault with Intent to Commit Specified Felony (§220): Assault with intent to commit rape, sodomy, oral copulation, etc.
- Continuous Sexual Abuse of a Child (§288.5): Repeated sexual abuse of a child under 14.
- Carjacking (§215(a)): Taking a vehicle by force or fear from a person’s presence.
- Rape or Sexual Penetration in Concert (§264.1): Acting with others to commit rape or sexual penetration.
- Gang-Related Extortion (§518 with §186.22): Extortion committed to aid a criminal street gang.
- Gang-Related Witness/Victim Intimidation (§136.1 with §186.22): Threats to victims or witnesses to aid a gang.
- First-Degree Residential Burglary with Person Present (§460(a)): Occupant present during the offense.
- Personal Use of a Firearm (10-20-Life) (§12022.53): Personal gun use during specified felonies.
- Weapons of Mass Destruction (§11418(b),(c)): WMD manufacture/possession/use in specified ways.
- Drug-Facilitated Rape (Administered by Defendant) (§261(a)(3)): Rape where defendant caused the intoxication to commit the assault.
How We Fight Violent Crime Charges in Newport Beach
Our Newport Beach, CA, violent crimes lawyers are your first call if you’re accused of any of these offenses. We help shape the narrative, challenge bad evidence, and guide you through every step with the goal of a dismissal or reduced charges.
The following often make or break a violent crime case:
Evidence Control
We move first to shape the record by locking down evidence (admissible or not). This includes 911 calls, body-cam footage, surveillance feeds, and other digital trails. With a warrant, this may involve social media, search histories, texts, voicemails, credit card activity, and similar artifacts.
We also work to keep out what shouldn’t come in through illegal search and seizure motions (PC §1538.5) and Miranda challenges to make sure weak evidence gets tossed out early.
Controlling charges early is leverage—it can be the difference between an acquittal or, for some counts, life in prison.
Negotiation vs. Trial
In a violent crimes case, it's important to be trial-ready. We negotiate hard with mitigation and targeted restitution. If the prosecution doesn’t move, we take it to trial with sharp motions in limine and focused themes.
In negotiation, the pros often include predictable outcomes, faster resolutions, and the ability to shape charges, terms, and collateral consequences. If talks stall, we pivot to trial—but one of the biggest downsides to trial is the risk of conviction and higher exposure. Our job is to keep pressure on the state, protect your record, and get the best result beyond reasonable doubt by:
- Attacking unreliable or biased expert testimony
- Challenging the reliability and chain of custody of evidence
- Exposing witness inconsistencies and credibility problems
- Presenting alibi or independent investigation results
- Arguing self-defense, defense of others, or lack of intent
Our job is to keep pressure on the state, protect your record, and secure the best result—whether through negotiation or trial.
Bail, OR, and Pretrial Release
We push for own recognizance (OR) release or a lower bail using ties to the community, work history, and supervision options. Strong release terms often set up better outcomes later for our Newport Beach, CA, violent crimes lawyers to take care of.
Contact us or call (949) 891-0102 to talk strategy with our Newport Beach, CA, violent crimes lawyers.
Sentencing and Penalties for Violent Crimes in Newport Beach, CA
California uses determinate sentencing for most violent felonies. Each offense has a triad—a lower, middle, and upper term. Judges start at the middle term and may select the lower or upper term based on aggravating or mitigating factors, your record, and how the offense was committed. Separate rules apply to repeat offenders and to charges that carry indeterminate terms (e.g., life).
1) Charge-Specific Penalties
Baseline prison time varies by charge.
- Attempted Murder (§664/187): 5, 7, or 9 years; life with the possibility of parole if willful, deliberate, and premeditated (§664(a)).
- Murder (PC § 187): 25-to-life for first degree; life without parole in special-circumstance cases (punishment in PC §190).
- Kidnapping (PC § 207/209): Simple kidnapping (PC §208(a)): 3, 5, or 8 years; aggravated forms can carry life with parole.
- Robbery (PC §211) (punishment in PC §213): first degree 3, 4, or 6 years (or 3, 6, 9 if in concert in an inhabited dwelling); second degree 2, 3, or 5 years.
- Arson (PC §451): Inhabited structure: 3, 5, or 8 years; great bodily injury: 5, 7, or 9 years.
2) How Judges Choose Lower / Middle / Upper
Courts start at the middle term (PC §1170(b)). Judges may select the lower or upper term based on proven aggravating or mitigating circumstances—e.g., weapon use, planning, victim vulnerability, or GBI as aggravators; no prior record, provocation, or early acceptance of responsibility as mitigators. The judge must state reasons on the record, and that selection can be litigated.
3) Strike Rules and Time-Served
Many violent felonies are strike offenses under the Three Strikes law (PC §667/1170.12), which include violent (§667.5(c)) and serious (§1192.7(c)) felonies. A second strike generally doubles the sentence; a third strike can mean 25-to-life. For violent felonies, most people must serve at least 85% of the term under PC §2933.1.
Why Violent Crime Penalties Might Be Increased
Two people can face the same violent felony and receive very different sentences. Prosecutors may allege enhancements (extra years or life terms) and cite aggravating factors that move a judge from the middle term to the upper term—or justify consecutive sentences. As Newport Beach, CA, violent crimes lawyers, it's our job to counter relevant (if any) sentence enhancements.
Common Sentence Enhancements
- Personal Use / Discharge of a Firearm (PC §12022.53): For specified felonies, adds 10, 20, or 25-to-life depending on use, discharge, and injury.
- Great Bodily Injury (PC §12022.7): Adds additional years when the defendant personally inflicts serious injury.
- Gang Allegations (PC §186.22): Adds years—and, in some felonies, 15-to-life—if the crime benefits a criminal street gang.
- Prior Serious Felony (5-Year Prior) (PC §667(a)): Adds a consecutive 5 years per qualifying prior serious felony.
- On-Bail / OR Enhancement (PC §12022.1): Extra time if the new felony happened while out on another felony case.
- Personal Use of a Firearm (non-10-20-Life) (PC §12022.5): Adds years for personal gun use when §12022.53 doesn’t apply.
Aggravating Factors That Push the Term Higher
Not separate enhancements, but judges can cite these to select the upper term within a triad or impose consecutive sentences:
- Weapon use, planning, or a leadership role (e.g., ambush, multiple participants)
- Victim vulnerability (age, injury severity, position of trust)
- Multiple victims or separate incidents
- Significant prior record, especially violent offenses
Note: Prior strikes under the Three Strikes law (PC §667 / 1170.12) can increase exposure. For violent felonies, most people must serve at least 85% of the term under PC § 2933.1.
Contact us or call (949) 891-0102 to speak with a violent crimes lawyer in Newport Beach, CA, today.
Violent Crimes FAQ
Is every “violent crime” a violent felony?
No. “Violent felony” is a defined list in PC §667.5(c). Some charges people call “violent” are misdemeanors or wobblers.
How fast do I see a judge after arrest?
Usually within about 48 hours for arraignment (not counting weekends/holidays). That’s when bail and the initial charges get set.
Can the prosecution stack extra time on top of the base term?
Yes. Enhancements for guns, great bodily injury, prior strikes, or gang allegations add years—or life—in addition to the underlying sentence. Our Newport Beach violent crimes lawyers fight to prevent that.
Will I serve the whole sentence if convicted?
Violent felonies generally require serving at least 85% of the term under PC §2933.1.
Can charges drop from felony to misdemeanor?
It depends on the case. With the right record and facts, a “wobbler” can be reduced under PC §17(b). We also attack counts with PC §995 and by narrowing elements (weak evidence or testimony, mistrials, etc.).
Do protective orders mean no contact at all?
Often, yes—at least initially. Violating a criminal protective order can trigger new charges and hurt your case. Let our Newport Beach violent crimes lawyers handle any contact issues.
Should I message the alleged victim to clear things up?
No. That can be viewed as intimidation or a violation of an order. Route everything through our Newport Beach, CA, violent crimes lawyers if you have any questions about contacting anyone related to the case.
Does social media matter?
Absolutely. Posts and DMs can become evidence. Lock down privacy settings and don’t delete anything—preservation cuts both ways.
Can self-defense beat a violent charge?
It can. We use medical records, timelines, and video to show reasonableness, threat level, and who escalated force.
Talk to a Newport Beach Violent Crimes Lawyer Today
If you’re facing a violent crime allegation in or around Newport Beach, what you do next matters. Our team defends cases from assault and robbery to kidnapping and homicide. We move fast to protect your rights, control the evidence, and drive toward the best outcome—dismissal, charge reduction, diversion, a favorable deal, or trial.
Been arrested or suspected of a violent crime?
- Don’t make statements—ask for a lawyer. You have rights.
- Save evidence—texts, video, names of witnesses.
- Call now—early moves help with bail and charges.
Your consultation is free and confidential. Call (949) 891-0102 or contact us online to speak with a violent crimes lawyer in Newport Beach, CA.
