Violent Crimes Lawyer Escondido, CA

Violent Crimes Lawyer Escondido, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk wrecking your reputation, ruining your career, and worst of all, a long time in jail or prison. But accusations are not the same as convictions. And when you hire the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these legal and personal 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 experienced Escondido, CA, violent crimes defense lawyers will examine your case, give you honest advice, and look for defensive strategies that should be effective for your charges. We view your case, and you as a person, as unique and deserving of individual attention. If you need to craft your defense, call (800) 755-5174 or send us a note online now for a no-obligation, confidential consultation.

The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Accusations

Our team of Escondido, CA, criminal defense lawyers know how different each violent crimes accusation can be, 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. You can be honest with us about everything, and we'll start with your perspective.
• Research the Law and Your Case – We'll research the specifics of the charges and Escondido, 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, mistaken identity, or false allegations.
• Negotiatiate With the State – We won't back down in negotiations; we'll fight to secure a plea deal that protects your interests.
• 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

In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. Before you can be conficted in Escondido, 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. 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.

For instance, assault and battery are two separate offenses in Califoria, with different definitions: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), meanwhile battery (Penal Code 242) requires actual physical contact. Both can be misdemeanors or felonies, depending on severity. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. A first-time misdemeanor assault might lead to probation, 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 Escondido, CA, Violent Crime Allegations We Defend

Assault, Threats, and Interpersonal Harm Defense Lawyers

Assault is perhaps the most prototypical violent crime charge people thing of. 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 the person of another." A lot of people don't realize 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. Closely related 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."

Now that we've covered assault, let's discuss battery. Battery occurs when harm is actually done, instead of simply being attempted. After a fight, Escondido, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the other hand, 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. As a result of the difference in specific statutes, 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 crime defense attorneys can also help you fight the following charges in Escondido, CA,:

• False Imprisonment: This is defined as an incident when an individual detaining another without just cause, for example, locking another person in a room.
• Kidnapping: Kidnapping is different from false imprisonment because it involves forcibly moving a person from one location to another.
• Human Trafficking: As opposed to the above allegations, human trafficking is done for specific, extra heinous reasons like forced labor or sex.
• Stalking: California defines stalking as repeatedly following or harassing another person, and making a related credible threat.
• Terrorist Threats: Terrorist threats aren't their own statute, but are an unofficial term for certain criminal threats charges – 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: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
• Arson: Arson charges allege that you intentionally lit something on fire that you weren't allowed to.
• Rioting: Rioting charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.

Firearm Mishandling Defense Lawyers

Due to state law, you're not able to just do whatever you please with a gun in Escondido, CA. California firearm offenses cover a large swath of statutes, 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 you could also face them for carrying a concealed firearm without a permit or a felon possessing ammunition.

While all Escondido, CA, gun charges are important to take seriously, one thing that can make a big difference is how you supposedly used the gun. 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 almost always be a more serious charge. Particularly in cases such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.

An excellent Escondido, 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

The stakes are high for all kinds of violent crime allegations. Domestic accusations, though, are especially hard to fight. Domestic violence has a wider definition than battery on your spouse; it includes injuries of all kinds, threats of abuse, and even just causing a situation where someone is afraid they'll be hurt. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.

If the alleged victim was a child, that can also affect which charges are filed. Child abuse is reserved for deliberate acts of violence against children (like hitting them), meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges are often filed together, amplifying their gravity.

Our household 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

The majority of Escondido, CA, violent crime cases are rooted in some alleged act of violence. That said, you could also face increased charges and/or sentencing enhancement for special circumstances.

In many cases, the punishments can be heightened via gang enhancements. If a different crime was committed as a part of gang activities, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are another group-related charge. You could be found guilty of conspiracy if you collaborate with another person to commit a crime, and either one of you takes action towards committing that crime.

Another common sentence enhancement is when an alleged action is charged as a hate crime. Sometimes, a hate crime accusation is its own charge. However, they are often used as enhancements to other crimes. The district attorney in Escondido, CA is likely to apply a hate crime label if they believe that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.

Lastly, our Escondido, 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, 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, you are facing 25-years-to-life in prison, with additional limitations on parole.

Procedural and Governance Charges Defense Lawyers

If the alleged violent crime was committed against a law enforcement officer in Escondido, 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 closely related set 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.

In most cases, if you're accused of a violent crime in Escondido, CA, you'll be in municipal court against a local prosecuting attorney. But when the state views a case as extra severe, a federal prosecutor may take over. You don't want to go to federal court alone. You don't want to face the full force of the United States government without help. The Law Offices of David S. Chesley, Inc., is ready to defend you against federal crimes as well as state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary

Robbery lawyer services are essential if you're facing charges like robbery or home invasion. These can carry penalties up to 9 years or 20 years, respectively. The use of a weapon is often an enhancing factor for sentencing..

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 any convictions on your record, you could face harsher penalties. Depending on the nature of the alleged crime and your relationship with the victim, you might alse be up against a restraining order.

Top 3 Violent Crimes Defense Lawyer Qualities

Violent crimes charges require top-tier defense attorneys. When you're deciding on a lawyer to defend your rights in Escondido, CA, 'good enough' isn't good enough. You want a firm with the below 3 qualities:

1. Prior Success: You want to be represented by an attorney who knows the ins and outs of the California court system. Our team is know for our successful violent crime defense results.
2. Local Relationships: Our team of attorneys cover cases across the state, including in Escondido, CA. We are familiar with local prosecutors and judges, and will leverage our relationships in your negotiations.

With a legal team with these qualifications defending you from violent crimes allegations, you'll get the best chance of a positive outcome. And with the Law Offices of David S. Chesley, Inc., you'll get those qualities.

Defending Against California's Three Strikes Law in Escondido

California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in Escondido, 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. 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.

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.

Defense Strategies Under Three Strikes:

• File Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
• Resentencing Petitions: After Proposition 36 was passed in 2012, thousands of people have been resentenced. 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. Lack of intent defenses prevent strike enhancements.
• 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 Life After Conviction: On top of increasing your sentence, 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.

Three strikes charges are not something to take lightly. If you're facing a third strike in Escondido, 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 Escondido, 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.

Staunch Protection Against Violent Crime Charges – Call Our Attorneys Right Away

Don't try to face violent crimes accusations alone. The statutes are convoluted. The Escondido, CA, district attorney is intimidating. And the consequences are heavy. Without an expert violent crimes lawyer to defend you, your innocence 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 the first one offered. We fight. We start every case by listening to our client, and defend your freedom from when we first speak until the case is concluded.

Reach out to us now to begin building your defense. Call us at (800) 755-5174 or tell us about your case via our online contact form to speak with amember of our legal team about how to defend you.

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

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