Violent Crimes Lawyer Irvine, CA

Violent Crimes Lawyer Irvine, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk torpedoing your reputation, ruining your career, and worst of all, a trip to jail or prison. But you have a chance at a more positive outcome. And when you hire the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these 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 Irvine, CA, violent crimes defense lawyers will research your case, be honest with our recommendations, and come up with defense strategies that can be used for your situation. We know that every case is unique and treat every client with respect. If you need to construct your defense, speak with one of our representatives (800) 755-5174 or reach out online now for a free, confidential consultation to discuss your case.

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

Our team of Irvine, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we build a defense that's suited to your specific case. Here's how we'll do that for your case:

• 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 Statutes and Your Case – We'll investigate the charges and Irvine, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
• Craft a Defense Strategy – Our lawyers will recommend a defensive strategy such as defense, mistaken identity, or procedural error.
• Plea Bargain With the State – For many cases, the easiest way to a positive outcome is through a plea deal. When we negotiate plea deals with the state, we don't give up and fight to get something favorable.
• Fight At Trial – If there is a 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 Irvine, CA, the state needs to prove elements like your culpability beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. 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, 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, while 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, depending on severity. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. Probation is more likely if you don't have any prior convictions on your record, but aggravating factors like a weapon could mean jail time. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.

Major Irvine, CA, Violent Crime Charges We Defend

Assault, Threats, and Interpersonal Harm Defense Lawyers

Assault is one of the most commont types of violent crimes in California. In fact, the literal definition describes it as attempting "a violent injury on somebody." A lot of people don't realize that to be guilty of assault, one only has to attempt to cause harm, regardless of whether or not you actually cause harm.

While simple assault charges are harsh in and of themselves, the line can be fuzzy between simple assault and some of it's more serious versions. 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: Attempts to harm while using a non-firearm weapon. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges

You might be asking yourself now, "What's the difference between assault and battery?" Battery is a step past assault, and allegations include actual harm being caused, instead of just being attempted. After a fight, Irvine, CA prosecutors are often prone to issue both assault and battery charges to defendants. 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. 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 Irvine, CA. This can include reckless driving, child endangerment, and similar charges. As a result of the variation in individual laws, you need to work with a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.

Our lawyers also defend the following violent crimes charges in Irvine, CA,:

• False Imprisonment: This occurs when one person wrongfully restrains or confines another, for example, locking another person in a room.
• Kidnapping: Whereas false imprisonment confines a person to one location, kidnapping involves moving that person to a new location.
• Human Trafficking: As opposed to the above allegations, human trafficking is done for particular, extra bad 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: 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 goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
• 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 charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.

Firearm Mishandling Defense Lawyers

While most people do still have the right to own a firearm in Irvine, CA, it comes with many constraints. California firearm offenses cover a large swath of statutes, sometimes even just being the result of unlawful possession.

Frequently, possession charges are related to a felon in possession of a firearm, but it could also be related to having a concealed firearm when you don't have a permit or a felon possessing ammunition.

While all Irvine, CA, gun charges are serious, 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. Most of the time this is charged as a misdemeanor.

On the other hand, discharging a firearm can greatly increase the punishment you're facing. Particularly in incidents such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.

A high-quality Irvine, 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

Violent crime charges are bad enough on their own. 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. 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.

Crimes against children also have their own specific legal categories. Child abuse charges are saved for when someone alleged hurt a child on purpose, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, amplifying 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, should your child be the accused, juvenile crime charges.

Sentencing Enhancement Defense Lawyers

If you're facing violent crime charges in Irvine, CA, there's a good chance that they're one of the ones above. However, you could also be up against heightened 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 make a plan with somebody else to break the law, and either one of you takes action towards committing that crime.

You could also see increased penalties if you're being charged with a hate crime. While hate crimes can be standalone offenses, it's common for them to be used as enhancements to other charges. The prosecution in Irvine, CA may charge another crime as a hate crime if the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.

Additionally, our Irvine, 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, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. If a conviction would be your third strike, the penalty could be 25-years-to-life in prison, with further limitations on early release.

Procedural and Governance Charges Defense Lawyers

Irvine, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer carries harsher penalties than simple assault, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. Obstructing a police officer is a similar category of charges, though these ones aren't contingent on you being arrested, and apply more broadly to anything you do to prevent a police officer from doing they job.

For the majority of violent crime charges, you'll be up against the local Irvine, CA prosecution. On some occasions, when the accusations are especially severe, 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 ready to represent you against federal crimes as well as state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary

You need a robbery defense lawyer if you're up against charges like carjacking (PC 215). Carjacking goes beyond grand theft: While grand theft auto involves the taking of a vehicle without its owner's permission, it doesn't necessarily include any interaction with the owners themselves. Carjacking, on the other hand, does involve a forceful interaction with the owner. Because of this, it carries a harsher penalty because of its violent nature, up to 9 years in prison.

Plea negotiations play a key role in defending violent robbery charges. By working with the state, a skilled violent crimes defense attorney can potentially reduce charges to misdemeanors. If you're on parole or have priors, 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 protect you in Irvine, CA, 'good enough' isn't good enough. You want a legal team 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 has a history of successful violent crime case results.
2. Local Relationships: We handle court cases all over California, including in Irvine, 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 those qualities.

Defending Against California's Three Strikes Law in Irvine

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

As a violent crime defense attorney, I dedicate extensive resources to Three Strikes cases. Violent crimes like carjacking, assault, battery, and firearm offenses are all common sources of strikes. Repeat convictions lead to increased sentences, up to life in prison.

Defense Strategies Under Three Strikes:

• Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. Judges take into account the circumstances of the older cases, as well as the character of the alleged offender.
• Motion for Resentencing: 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: 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. 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 Your Future: Strikes delay parole eligibility. We advocate for early release or expungement where possible.

If you're facing Three Strikes charges in Irvine, 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.

Three Strikes disproportionately affects minorities and low-income areas like parts of Irvine, CA. Reforms continue, but without aggressive defense, clients face lifelong consequences. If you're facing a third strike in California, it's easy to feel despair. But your case isn't over yet – call the Law Offices of David S. Chesley today to fight for your freedom.

Tenatious Protection Against Violent Crime Charges – Call Our Attorneys Now

Violent crimes charges are tough to fight on your own. The legal system is convoluted. The Irvine, CA, district attorney is frightening. And the penalties are oppressive. If you don't have an expert violent crimes lawyer at your side, your innocence 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 accept a poor plea deal, just because it was easier to get. We fight. We make a defense with you at the center, and fight for your freedom from when we first speak until the case is concluded.

Contact us now to start building your defense. Call (800) 755-5174 or let us know how we can help you on 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 Irvine, CA:

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