Violent Crimes Lawyer Anaheim, CA

Violent Crimes Lawyer Anaheim, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk destroying your reputation, hurting your career, and worst of all, a lengthy prison sentence. But all hope is not lost. And when you call the Law Offices of David S. Chesley, Inc., you have someone protecting you from these devestating 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 Anaheim, CA, violent crimes defense lawyers will listen to you about your case, give you honest advice, and look for defense strategies that will be effective for your situation. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to create your defense, speak with one of our representatives (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 Allegations

Our team of Anaheim, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we give each of our clients' cases a tailored defense. It all starts with the following steps:

• Listen to Your Story – Every case starts with our client. We want to hear from you what really happened and why.
• Research the Statutes and Your Case – We'll research the charges and Anaheim, 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 defense, lack of intent, or false allegations.
• Plea Bargain With the State – Any time we communicate with the Anaheim prosecution about your case, we will stand strong to find a deal that works for you.
• Fight At Trial – If there is a 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

Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. If you're facing accusations of one of these crimes in Anaheim, CA, it can be intimidating, but don't panic: The prosecution must prove components 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. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). 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.

If you're curious about violent crime distinctions, the difference between assault and battery in California is critical: Assault (Penal Code 240) involves an attempt or threat to harm, meanwhile battery (Penal Code 242) involves actually causing harm. Both can be charged as misdemeanors or felonies; it's up to the prosecution to decide what to charge. 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 aggravating factors like a weapon could mean jail time. 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 Anaheim, CA, Violent Crime Categories 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. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on someone else." Most people are unaware that to be guilty of assault, one only has to attempt to cause 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 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 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 a step past assault, and allegations include actual harm being caused, instead of simply being attempted. After a fight, Anaheim, CA prosecutors are often prone to issue both assault and battery charges to defendants. 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 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. Because of the difference in specific laws, it's paramount to work with a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.

Our violent crimes defense lawyers can also help you with the following charges in Anaheim, 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: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
• 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: To be guilty of stalking in California, you have to both follow a person without their consent, and make a believable threat.
• Terrorist Threats: Sometimes, criminal threats charges might be referred to as terrorist threats, if they are especially bad – you're also likely to see hate crime charges 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: 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

While most people do still have the right to own a firearm in Anaheim, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, 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 it could also be related to carrying a concealed firearm when you don't have a permit or a felon possessing ammunition.

While all Anaheim, CA, firearm charges are important to take seriously, 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 almost always be a more serious charge. Especially in cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.

An experienced Anaheim, 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. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence goes beyond battery on your spouse; it includes injuries of all kinds, threats of harm, 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.

If the alleged victim was a child, that can also affect which charges are filed. Child abuse charges are saved for when someone alleged hurt a child on purpose, while child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, heightening 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, if an adolescent or child is the alleged offender, juvenile crime charges.

Sentencing Enhancement Defense Lawyers

If you're facing violent crime charges in Anaheim, CA, there's a good chance that they're one of the ones above. But you might also face heightened 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 another group-related charge. You can be convicted of conspiracy if you agree with another person to break the law, 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. While hate crimes can be standalone offenses, they are frequently used as enhancements to other crimes. The district attorney in Anaheim, CA is likely to apply a hate crime label if they believe that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.

Furthermore, our Anaheim, CA, violent crimes attorneys can help protect 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 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 additional limitations on parole.

Procedural and Governance Charges Defense Lawyers

Anaheim, 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 covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a closely related 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.

These charges, as well as all the charges listed above, are most often handled by the Anaheim, CA, local prosecutor. Sometimes, though, 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 proud to represent you against federal crimes in addition to state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

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 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 deciding on an attorney to protect you in Anaheim, CA, you want a firm with the below 3 qualities:

1. 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 defense results.
2. Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Anaheim, CA. We are familiar with local prosecutors and judges, and will use them to your advantage.

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.

Defending Against California's Three Strikes Law in Anaheim

California's Three Strikes Law (Penal Code 667) is a massive search trigger for Anaheim, CA, clients, as it dramatically enhances sentences for repeat offenders. 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.

At the Law Offices of David S. Chesley, we know what it takes to defend Three Strikes cases. 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.

Anaheim, CA, Three Strikes Law Defense Strategies:

• File 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.
• Motion for Resentencing: 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: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. 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. Part of this can also involve fighting against prior convictions, and showing that they were unconstitutional or incorrect.
• Impact on Parole and Life After Conviction: Stirkes not only add onto your sentence: they also 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.

Three strikes charges are not something to take lightly. If you're facing a third strike in Anaheim, CA, you need to contact an attorney now. And we're prepared to help you. It doesn't matter how hard the prosecution fights, we will be with you every step of the way. Our experience and resources give us the tools we need to defend you.

There is much debate in Anaheim, 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.

Tenatious Protection Against Violent Crime Charges – Call Our Legal Team Now

You need help when you're fighting against violent crimes allegations. The laws are complex. The Anaheim, CA, district attorney is strong. And the penalties are oppressive. If you're lacking an expert violent crimes lawyer at your side, your liberty 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 easier to get. We confront the charges. We make a defense with you at the center, and defend your freedom from when we first speak until the case is concluded.

Contact us now to start putting together your defense. Connect with us at (800) 755-5174 or fill out our online contact form to speak with amember of our legal team about how to fight these charges.

We also offer the following legal services in Anaheim, CA:

• Sex Crimes Lawyer
• Immigration Lawyer
• Drug Charges Lawyer
• Theft Lawyer
• DUI Lawyer
• Criminal Defense Lawyer