Violent Crimes Lawyer Newport Beach, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk torpedoing your reputation, setting back your career, and worst yet, a long time in jail or prison. But you can fight to protect yourself. And with the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these 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 skillful Newport Beach, CA, violent crimes defense lawyers will look into your case, give you honest advice, and find defensive tactics that can be used for your case. We know that every case is unique and treat every client with respect. If you're ready to craft your defense, call (800) 755-5174 or send us a note online now for a no-obligation, confidential consultation to discuss your case.

How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges

Our team of Newport Beach, CA, criminal defense lawyers know that every violent crime case is unique, 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. We want to hear from you what really happened and why.
  • Research the Statutes and Your Case – We'll look into the charges and Newport Beach, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
  • Craft a Defense Strategy – We'll recommend a defensive strategy such as defense, lack of intent, or procedural error.
  • 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 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. If you're facing accusations of one of these crimes in Newport Beach, CA, it can be intimidating, but don't panic: The prosecution needs to prove elements 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. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.

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 misdemeanors or felonies, with the state making that decision based on the circumstances. If you're asking, "Will I go to jail for a first-time violent offense?"—it depends. Probation is more likely if you don't have any prior convictions on your record, but particularly aggressive circumstances could wind up with felony charges. Our team of violent crimes lawyers uses a varitey of defense strategies depending on the circumstances, including self-defense, claiming rights violation, and showing alibis.

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Major Newport Beach, CA, Violent Crime Categories 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 someone else." Many people don't realize that to be guilty of assault, there only has to be an attempt at causing harm, regardless of whether or not you actually cause harm.

Simple assault charges are usually a misdemeanor, however 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: Committing assault while using a non-firearm weapon. These variations aren't official charges, but rather subcategories for more serious assault charges

You might be asking yourself now, "What's the difference between assault and battery?" Battery is similar to assault because both involve attempted harm. However, in battery's case, the harm was successful, rather than just being attempted. You'll find that in many cases, if you're accused of battery in Newport Beach, CA, you'll also be accused of assault. Meanwhile, criminal threats charges can result even from a nonviolent altercation. All you have to do is intimidate someone. Regardless of whether you wanted to (or even could) follow through on the threats, you can be found guilty.

Reckless endangerment charges are another set of charges that are typical in Newport Beach, CA. This can include reckless driving, child endangerment, and other charges along those lines. As a result of the difference in each of the laws, it's paramount to work with a violent crimes lawyer who knows how to defend each of the charges.

The Law Offices of David S. Chesley, Inc., also defends against the below violent crimes charges in Newport Beach, CA,:

  • False Imprisonment: False imprisonment occcurs when one person confines another to a space against their will, 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad purposes such as 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 is a specific, grevious category of attack done for reasons such as revenge or extortion.
  • 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 involves multiple people acting together to cause and/or threaten violence while disturbing the peace.

Firearm Mishandling Defense Lawyers

The right to bear arms comes with many restrictions and responsibilities in Newport Beach, CA. California firearm offenses vary widely in nature and scope, and you don't even have to fire the gun to get in trouble. You can be arrested simply for unlawful possession.

Often, 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 Newport Beach, CA, firearm charges are major, 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 contrary, discharging a firearm can greatly increase the punishment you're facing. Particularly in cases 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 Newport Beach, CA, violent crimes defense attorney can not only protect you from a prison sentence and hefty fine, but also from further restrictions on your Second Amendment rights.

Family and Animal Abuse Defense Lawyers

Violent crime charges are bad enough on their own. 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 harm, and even just placing someone in fear of harm. And for it to qualify as 'domestic,' the alleged victim can be anyone from your spouse to your child to your roommate.

Crimes against children also have their own specific legal categories. Child abuse is reserved for deliberate acts of violence against children (like hitting them), while child endangerment includes either negligently or purposefully putting a child in danger. These charges are often filed together, intensifying their seriousness.

Our household 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 Newport Beach, CA, there's a good chance that they're one of the ones above. But you can 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 crime was committed in the furtherance 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 someone else to break the law, and either one of you does something overt to advance the plan.

Another common sentence enhancement is when an alleged action is charged as a hate crime. Hate crime charges can be their own case, but, they are frequently used as enhancements to other crimes. The prosecutor in Newport Beach, CA is likely to apply a hate crime label if they think that the alleged offender was motivated by hatred towards a demographic that the alleged victim belonged to.

Furthermore, our Newport Beach, CA, violent crimes attorneys can help defend you against California's three strikes law. This law allows the government to keep track of your criminal history and assign "strikes" to certain felony convictions. With one prior strike, if you are convicted of a new felony, the sentence will be doubled, and you will have a harder time securing early release. When convicted and given a third strike, you are facing 25-years-to-life in prison, with further contstraints on parole.

Procedural and Governance Charges Defense Lawyers

If the alleged violent crime was committed against a law enforcement officer in Newport Beach, CA, the allegations can be even more severe. 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 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.

For the majority of violent crime charges, you'll be up against the local Newport Beach, CA prosecution. But for more serious cases, 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 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

A robbery defense attorney is essential for 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..

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

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Top 3 Violent Crimes Defense Lawyer Qualities

Violent crimes charges need high-quality defense lawyers. When you're deciding on a lawyer to fight your case in Newport Beach, CA, 'good enough' isn't good enough. You want someone with the below 3 qualities:

  1. A History of Success: You don't want someone who's new to the California legal system, or new to your type of charge. 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 Newport Beach, CA. We know 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 Newport Beach

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

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: 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.
  • Motion for Resentencing: After Proposition 36 was passed in 2012, thousands of people have been resentenced. This has the potential to reduce charges from a life sentence down to time served, if the 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. 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. 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: 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.

A Newport Beach, 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 Newport Beach, 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.

Ferocious Protection Against Violent Crime Charges – Call Us Now

You need help when you're fighting against violent crimes allegations. The court system is complicated. The Newport Beach, CA, district attorney is formidable. And the punishments are oppressive. Without an expert violent crimes lawyer at your side, your liberty and constitutional rights are at risk.

At the Law Offices of David S. Chesley, Inc., we don't stand idly by and let the state build its case. We don't accept a poor plea deal, just because it was faster. We fight. We make a defense with you at the center, and protect your freedom from the day you call until the case is done.

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

We also offer the following legal services in Newport Beach, CA: