Violent Crimes Lawyer La Jolla, CA

Violent Crimes Lawyer La Jolla, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk destroying your reputation, ruining your career, and perhaps worst yet, a trip to jail or prison. But accusations are not the same as convictions. And when you work with the Law Offices of David S. Chesley, Inc., you have someone protecting you from these consequences. We will tenatiously defend you against violent crimes accusations from any of categories (and more):

• Assault, Threats, and Interpersonal Harm
• Firearm Mishandling
• Family and Animal Abuse
• Sentencing Enhancements
• Procedural and Governance Charges

Our experienced La Jolla, CA, violent crimes defense lawyers will listen to you about your case, be honest with our recommendations, and find 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 craft your defense, phone us at (800) 755-5174 or tell us about your case online now for a free, private consultation to discuss your case.

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

Our team of La Jolla, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we give each of our clients' cases a tailored defense. This is how we do it:

• Learn Your Story – When we build a defense, it all starts with you. You can be honest with us about everything, and we'll start with your perspective.
• Research the Statutes and Your Case – We'll research the specifics of the charges and La Jolla, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
• Build a Defense Strategy – We'll recommend a defensive strategy such as defense of others, 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 your case reaches trial, we'll stick with you from start to finish, fighting for a positive outcome.

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. If you're facing accusations of one of these crimes in La Jolla, CA, it can be intimidating, but don't panic: The prosecution must prove factors like intent and harm beyond a reasonable doubt. After an arrest, you face an arraignment hearing, where you are told about the specific charges you're facing. 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. Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.

For instance, the difference between assault and battery in California is critical: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), meanwhile battery (Penal Code 242) goes a step further, with one person successfully, intentionally harming another. Both can be misdemeanors or felonies; it's up to the prosecution to decide what to charge. If you're facing violent crime charges, the potential sentence depends a lot on the context. A first-time misdemeanor assault might lead to probation, 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 La Jolla, 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 the person of another." Most people aren't aware that to be charged with assault, one only has to attempt to cause harm, even if you don't actually cause harm.

Simple assault charges are usually a misdemeanor, however the line can be fuzzy between simple assault and some of it's more serious versions. Aggravated assault types of charges stem from attempts to cause serious harm, rather than just harm in general. 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

Now that we've covered assault, let's discuss battery. Battery is a step past assault, and allegations include actual harm being caused, rather than simply being attempted. In La Jolla, CA, it's common to be charged with both at the same time after an altercation. 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 can be found guilty even if you didn't have the ability to carry out the threats.

Reckless endangerment charges are another set of charges that are typical in La Jolla, CA. This can include reckless driving, child endangerment, and similar charges. Because of the difference in individual laws, you need to have a violent crimes lawyer who knows how to defend each of the charges.

Our attorneys also can defend you against the below violent crimes charges in La Jolla, CA,:

• False Imprisonment: False imprisonment occcurs when one person confines another to a space against their will, 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: 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 can expect there to be links to hate crimes in these cases.
• Torture: Torture goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
• 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 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 La Jolla, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.

In many cases, unlawful possession charges are related to a felon in possession of a firearm, but you could also face them for having a concealed firearm without a permit or a felon possessing ammunition.

While any La Jolla, CA, firearm charges are serious, the way the firearm was (and wasn't) allegedly used can make a big difference. 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.

Meanwhile, discharging a firearm will almost always be a more serious charge. Particularly for incidents such as a drive-by shooting or shooting at an inhabited dwelling, you can be looking at years in prison and/or thousands of dollars in fines.

An experienced La Jolla, CA, violent crimes defense attorney will protect you from the legal consequences of these charges, including 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 placing someone in fear of harm. 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.

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 could be any action that endangers a child, regardless of whether you meant to or not. These charges are often filed together, expanding their seriousness.

Our experienced 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, in cases with youth defendants, juvenile crime charges.

Sentencing Enhancement Defense Lawyers

The majority of La Jolla, CA, violent crime cases are rooted in some alleged act of violence. That said, 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, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You can 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. Hate crime charges can be their own case, but, you can also see them used as enhancements to other crimes. The district attorney in La Jolla, CA may charge another crime as a hate crime if they believe that the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.

Finally, our La Jolla, CA, violent crimes attorneys can help guard 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 won't be eligible for parole until you've served 80% of the sentence. If a conviction would be your third strike, you are facing 25-years-to-life in prison, with further restrictions on early release.

Procedural and Governance Charges Defense Lawyers

La Jolla, 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 covers actions ranging from stealing a police officers gun to just acting disobediently. Obstructing a police officer is a similar set of charges, though these ones 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 La Jolla, CA prosecution. But for more serious cases, a federal prosecutor may take over. 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 in addition to state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

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

Robbery lawyer services are essential if you're facing 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.

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 priors, you could face sentencing enhancements if convicted. Restraining orders may follow if violence is alleged, impacting your life long-term.

Top 3 Violent Crimes Defense Lawyer Qualities

Violent crimes charges require top-tier defense attorneys. When you're deciding on an attorney to protect you in La Jolla, CA, it's important to hire a firm with the below 3 qualities:

1. Prior Success: You don't want someone who's new to the California legal system, or new to your type of charge. Our team is know for our successful violent crime case results.
2. Local Relationships: Our team of attorneys cover cases across the state, including in La Jolla, CA. We are familiar with local prosecutors and judges, and will use them to your advantage.

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 someone with all those properties.

Defending Against California's Three Strikes Law in La Jolla

California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in La Jolla, CA, into something much more serious. 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. 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.

You need a law office with extensive resources to fight against Three Strikes cases. And the Law Offices of David S. Chesley has those resources. 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:

• Challenging Prior Strikes: 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.
• Resentencing Petitions: Due to updated laws, people with prior Three Strikes convictions can petition to have their sentence reduced. Our legal team will petition for a reduction in sentences when your third strike was non-violent.
• Avoiding New Strikes: Even better than having prior strikes removed, we'll fight to prevent you getting one in the first place. This often comes from skillful plea negotiation. Lack of intent defenses prevent strike enhancements.
• Constitutional Challenges: If the sentence is wildly out of proportion for the alleged crime, we can argue that it is cruel and unusual. This would make it unconstitutional for the court to give such a sentence to you. 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. We advocate for early release or expungement where possible.

A La Jolla, CA, client with two priors faced a third strike for assault on a peace officer. By proving self-defense and procedural errors (improper Miranda), we got the charge reduced, avoiding life. The District Attorney often pushes hard, but jury trials reveal biases in victim testimony. With over 20 years defending Three Strikes, I've secured dismissals in 70% of cases by exploiting weaknesses.

Three Strikes disproportionately affects minorities and low-income areas like parts of La Jolla, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. Don't give up; these cases are winnable. Contact our team today if you need help.

Ferocious Defenses Against Violent Crime Charges – Call Our Attorneys Right Away

Violent crimes charges are tough to fight on your own. The statutes are convoluted. The La Jolla, CA, prosecutor is strong. And the penalties are heavy. If you're lacking 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 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 start every case by listening to our client, and fight for your freedom from when we first speak until the case is concluded.

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

We also offer the following legal services in La Jolla, CA:

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