Violent Crimes Lawyer Poway, CA

Violent Crimes Lawyer Poway, CA. Fighting violent crimes charges is critical to your future. They risk torpedoing your reputation, hurting your career, and perhaps 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 get a shield that will guard 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 Poway, CA, violent crimes defense lawyers will listen to you about your case, give you upfront, straightforward answers, and find defense strategies that can be used for your circumstances. We view your case, and you as a person, as unique and deserving of individual attention. If you're ready to construct your defense, speak with one of our representatives (800) 755-5174 or reach out 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 Accusations

Our team of Poway, CA, criminal defense lawyers know that every violent crime case is unique, 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. We want to hear your side of the story.
• Research the Law and Your Case – We'll investigate the charges and Poway, CA, violent crime law specificsIf there are any quirks that are applicable to your case, we'll find them.
• Craft a Defense Strategy – We'll recommend a defensive strategy such as defense of others, lack of intent, 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

Violent crimes in California encompass a wide range of offenses, from simple assault to more severe acts like armed robbery or kidnapping. If you're facing accusations of one of these crimes in Poway, 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 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). When arguing these cases, medical records, witness testimony, and digital evidence are often central to the argument.

As an example of the variety of case types, the difference between assault and battery in California is critical: Assault (Penal Code 240) involves an attempt or threat to harm, meanwhile battery (Penal Code 242) requires actual physical contact. Each of these can be misdemeanors or felonies, depending on severity. 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 repeat offenders or felony charges are more likely to face harsh penalties. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.

Major Poway, 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 someone else." Many people aren't aware that to be charged with assault, there only has to be an attempt at causing harm, not necessarily actually cause harm.

Simple assault charges are usually a misdemeanor, however there are several more serious variations of them. 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 occurs when harm is actually done, instead of just being attempted. You'll find that in many cases, if you're accused of battery in Poway, CA, you'll also be accused of assault. 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. You don't even have to be willing to follow through; "I didn't mean it" isn't a valid defense for these charges.

We also commonly defend reckless endangerment charges in Poway, CA. This can include reckless driving, child endangerment, and other charges along those lines. Because of the difference in each of the statutes, it's critical to find 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 Poway, CA,:

• False Imprisonment: This occurs 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: Human Trafficking is similar to kidnapping or false imprisonment, but is done for specific, extra bad reasons such as forced labor or sex.
• Stalking: California stalking law requires more than just following another person who doesn't like it – it also requires that the accused make a credible threat.
• Terrorist Threats: Terrorist threats aren't their own statute, but are an unofficial term for certain criminal threats charges – 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 charges can be split into inciting the riot or participating in it, but both are usually charged as misdemeanors.

Firearm Mishandling Defense Lawyers

The right to bear arms comes with many restrictions and responsibilities in Poway, 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.

Frequently, possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm without a permit or a felon possessing ammunition.

While all Poway, CA, firearm charges are serious, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon is when one person shows another a gun (or other weapon) to intimidate them, not necessarily firing it. This is often prosecuted as a misdemeanor instead of a felony.

On the contrary, discharging a firearm will frequently get you harsher sentences. Especially in incidents such as a drive-by shooting or shooting at an inhabited dwelling, it's unlikely that you'd get off with a small fee or community service.

An excellent Poway, 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. 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.

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 are often filed together, amplifying their gravity.

Our experienced 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 Poway, CA, violent crime cases are rooted in some alleged act of violence. That said, you might also face elevated 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, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are closely related. You can be convicted of conspiracy if you collaborate with somebody 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. While hate crimes can be standalone offenses, they are frequently used as enhancements to other charges. The district attorney in Poway, CA may charge another crime as a hate crime if they believe that the alleged offender committed the crime as an attack against a specific protected group.

Furthermore, our Poway, 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 a harder time securing early release. With two prior strikes, the sentence could be increased to 25-years-to-life in prison, with further restraints on early release.

Procedural and Governance Charges Defense Lawyers

If the alleged violent crime was committed against a law enforcement officer in Poway, 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 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.

These charges, as well as all the charges listed above, are most often handled by the Poway, CA, local prosecutor. 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 prepared to be your defense attorney for federal crimes as well as state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary

Robbery lawyer services are essential if you're up against charges like armed robbery, where force or fear is used to take property. Penalties can reach 9 years in prison, especially if a weapon is involved. First-degree burglary, entering a residence with intent to steal, is a felony with 2-6 years. Carjacking (PC 215) involves taking a vehicle by force, punishable by up to 9 years.

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 prior convictions, 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

You don't want to go into a violent crimes case without the right lawyer. When you're deciding on a lawyer to defend you in Poway, CA, 'good enough' isn't good enough. You want 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 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 Poway, CA. We are familiar 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 Poway, CA

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

Poway, CA, Three Strikes Law Defense Strategies:

• Romero Motions: Romero motions protect you by asking a judge to ignore a prior strike that is not fair to use against you. 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: 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. 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. False accusations in priors can be exposed via new evidence.
• Impact on Parole and Your Future: Strikes delay parole eligibility. We advocate for early release or expungement where possible.

A Poway, 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 Poway, CA. Reforms continue, but without aggressive defense, clients face lifelong consequences. We're ready for your case. Call now to start building your defense.

Tenatious Defenses Against Violent Crime Charges – Call Us Now

Don't try to face violent crimes accusations alone. The legal system is complex. The Poway, CA, district attorney is frightening. And the sentences are brutal. Without an expert violent crimes lawyer to defend you, your freedom 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 settle for a bad plea deal, just because it was faster. We confront the charges. We make a defense with you at the center, and fight for your rights from the day you call until the case is over.

Contact us now to begin putting together your defense. Call (800) 755-5174 or let us know how we can help you on our online contact form to speak with a lawyer about how to protect your rights.

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

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