Violent Crimes Lawyer Lancaster, CA

Violent Crimes Lawyer Lancaster, CA. Fighting violent crimes charges is critical to your future. They risk destroying your reputation, ruining your career, and possibly worst of all, a trip to jail or prison. But all hope is not lost. And when you call the Law Offices of David S. Chesley, Inc., you are hiring a team that knows how to safeguard 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 expert Lancaster, CA, violent crimes defense lawyers will research your case, give you upfront, straightforward answers, and come up with defense tactics that can be used for your case. You deserve a defense tailored to you, and we can provide that. If you're ready to build your defense, speak with one of our representatives (800) 755-5174 or fill out our contact form today for a free, private consultation.

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

Our team of Lancaster, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we design our defensive strategy around the specifics of your situation. It all starts with the following steps:

• Learn Your Story – When we build a defense, it all starts with you. We want to hear from you what really happened and why.
• Research the Law and Your Case – We'll research the specifics of the charges and Lancaster, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
• Build a Defense Strategy – Our team will recommend a defensive strategy such as self-defense, consent, or false allegations.
• Negotiatiate With the State – When speaking with the prosecutors, we will stand strong and demand the justice you deserve.
• Fight At Trial – If your case reaches 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. The Lancaster, CA, prosecution, often led by the District Attorney, must prove factors like intent and harm beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. 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. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.

For instance, assault and battery are two separate offenses in Califoria, with different definitions: 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; 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. A first-time misdemeanor assault might lead to probation, but repeat offenders or felony charges are more likely to face harsh penalties. 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 Lancaster, CA, Violent Crime Charges 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." Many people aren't aware that to be charged with 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 is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Assault using a non-firearm weapon. 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 similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, instead of simply being attempted. You'll find that in many cases, if you're accused of battery in Lancaster, CA, you'll also be accused of assault. On the other hand, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. 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 similar charges. Because of the variation in specific statutes, you need to hire a violent crimes lawyer who knows how to defend each of the charges.

Here are some other related violent crimes charges our attorneys defend in Lancaster, CA,:

• False Imprisonment: This is defined as an incident when one person wrongfully restrains or confines another, and could be as simple as you allegedly blocking a doorway.
• 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 purposes such as 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 – watch out for linked hate crime accusations in these cases.
• Torture: Torture is a specific, grevious category of attack done for reasons such as revenge or extortion.
• 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 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 Lancaster, CA, it comes with many constraints. California firearm offenses vary widely in nature and scope, and you can get in trouble for something as simple as unlawful possession.

In many cases, possession charges are related to a felon in possession of a firearm, but they could also be the result of possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.

While all Lancaster, CA, gun charges are perilous, 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.

Meanwhile, discharging a firearm will almost always be a more serious charge. Particularly for allegations such as a drive-by shooting or shooting at an inhabited dwelling, the penalties are very harsh.

A high-quality Lancaster, 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. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence has a wider definition than battery on your spouse; it includes any actual harm caused, threats of harm, and even just making someone think that they could be injured. 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 involves the direct, intentional cause of harm to a child, meanwhile child endangerment includes either negligently or purposefully putting a child in danger. These charges can be filed together, heightening their seriousness.

Our experienced violent crimes defense lawyers can help with more than just alleged conflicts between spouses and children. We can also help you fight animal cruelty charges, elder abuse charges, and, in cases with youth defendants, juvenile crime charges.

Sentencing Enhancement Defense Lawyers

If you're facing violent crime charges in Lancaster, CA, there's a good chance that they're one of the ones above. But you might also face increased charges and/or sentencing enhancement should your case fall into certain categories.

One of the most common examples is gang enhancements. If a crime was committed in the furtherance 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 collaborate with another person to commit a crime, and either one of you does something that furthers the commission of the 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 charges. The prosecutor in Lancaster, CA may charge another crime as a hate crime if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.

Furthermore, our Lancaster, CA, violent crimes attorneys can help protect you from 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, 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 additional restrictions on parole.

Procedural and Governance Charges Defense Lawyers

When you get into an altercation with the police in Lancaster, CA, you can expect to face extra harsh violent crime charges. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest can range from physical attacks to simply being uncooperative. Obstructing a police officer is a closely related category 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 Lancaster, CA, you'll be in municipal court against a local prosecuting attorney. But for more serious cases, a federal prosecutor will take charge. Federal court can be a whole different arena, and you need a law firm with the strength to fight for your rights against the United States government. 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

Violent Robberies and Related Offenses: 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.

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. 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 a lawyer to protect you in Lancaster, CA, you want someone 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. Relationships in Your Area's Court: Our team of attorneys cover cases across the state, including in Lancaster, CA. We have relationships with local prosecutors and judges, and will lean on them to secure a favorable outcome.

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.

Three Strikes Law Defense in Lancaster, CA

California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Lancaster, CA, into something much more serious. Enacted in 1994, it mandates 25 years to life for a third "strike" felony if priors include serious or violent crimes. 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. 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 Against Three Strikes Charges in Lancaster, CA:

• 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: 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: 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. 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. 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: 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.

A Lancaster, 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.

Minorities and low-income individuals are frequently affected by California's Three Strikes law in Lancaster, CA. Reforms continue, but without aggressive defense, clients face lifelong consequences. We're ready for your case. Call now to start building your defense.

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

Don't try to face violent crimes accusations alone. The court system is complex. The Lancaster, CA, prosecutor is formidable. And the penalties are heavy. If you're lacking an expert violent crimes lawyer at your side, your freedom and constitutional rights are at risk.

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 faster. We confront the charges. We listen to your story, craft a resolute defense, and protect your rights from when we first speak until the case is done.

Reach out to us now to begin building your defense. Connect with us at (800) 755-5174 or let us know how we can help you on our online contact form to speak with a member of our team about how to fight these charges.

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

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