Violent Crimes Lawyer Rancho Cucamonga, CA. We know how overwhelming it can be to be facing violent crime accusations. They risk destroying your reputation, hurting your career, and worst of all, a trip to jail or prison. But you can fight to protect yourself. And when you call the Law Offices of David S. Chesley, Inc., you have someone protecting 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 Rancho Cucamonga, CA, violent crimes defense lawyers will examine your case, be honest with our recommendations, and find defensive tactics that will be effective for your case. We know that every case is unique and treat every client with respect. If you're ready to create your defense, call us at (800) 755-5174 or send us a note online today for a no-obligation, private consultation to discuss your case.
How the Law Offices of David S. Chesley's Lawyers Defend You Against Violent Crimes Charges
Our team of Rancho Cucamonga, CA, criminal defense lawyers know that every violent crime case is unique, and we design our defensive strategy around the specifics of your situation. It all starts with the following steps:
- Listen to Your Story – Every case starts with our client. 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 Rancho Cucamonga, 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 self-defense, lack of intent, or false allegations.
- 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 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. Before you can be conficted in Rancho Cucamonga, CA, the state needs to prove components like your culpability beyond a reasonable doubt. Many cases begin with a preliminary hearing, where we can challenge evidence early. Felony charges carry harsher penalties, including state prison time, while misdemeanors might result in county jail, probation, or fines. 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, the difference between assault and battery in California is critical: Assault (Penal Code 240) occurs when one person threatens or attempts to hurt another, 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 Rancho Cucamonga, CA, Violent Crime Accusations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
Assault is perhaps the most prototypical violent crime charge people thing of. While you might be picturing cuts and bruises, California law actually describes assault as an attempt to inflict "a violent injury on the person of another." Most people don't realize that to be charged with assault, there only has to be an attempt at causing harm, even if you don't actually cause harm.
Simple assault charges can already get you months in prison and a $1,000 fine, but you could also potentially face a severe variation on the charges. 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: Assault 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
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 just being attempted. You'll find that in many cases, if you're accused of battery in Rancho Cucamonga, 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. You can be found guilty even if you didn't have the ability to carry out the threats.
Another important set of charges we commonly defend against in this category is reckless endangerment charges. This can include reckless driving, child endangerment, and other charges along those lines. Because of the difference in each of the laws, it's critical to have a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
Our violent crimes defense lawyers can also help you with the following charges in Rancho Cucamonga, CA,:
- False Imprisonment: This occurs when one person wrongfully restrains or confines another, and while it might seem like a stretch, it could be as little as grabbing someone's arm (if they are attempting to leave).
- 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 grim 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 – watch out for linked hate crime accusations 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: Arson involves the intentional and unlawful burning of property, as opposed to reckless burning, which is an unintentional version of the same things.
- Rioting: Rioting involves multiple people acting together to cause and/or threaten violence while disturbing the peace.
Firearm Mishandling Defense Lawyers
While most people do still have the right to own a firearm in Rancho Cucamonga, CA, it comes with many constraints. California firearm offenses can result from any number of statute violations, and you can get in trouble for something as simple as unlawful possession.
Most commonly, possession charges are related to a felon in possession of a firearm, but you could also face them for possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all Rancho Cucamonga, CA, firearm charges are serious, one thing that can make a big difference is how you supposedly used the gun. Brandishing a weapon normally does not include use of the weapon beyond showing it with the intent to scare another person. 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, you can be looking at years in prison and/or thousands of dollars in fines.
A high-quality Rancho Cucamonga, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. But if family is involved, they get even scarier. Domestic violence isn't just 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.
If the alleged victim was a child, that can also affect which charges are filed. Child abuse charges are saved for when someone alleged hurt a child on purpose, while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. 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, should your child be the accused, juvenile crime charges.
Sentencing Enhancement Defense Lawyers
The majority of Rancho Cucamonga, CA, violent crime cases are rooted in some alleged act of violence. That said, you could also be up against 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, the sentence you face can be increased by several years. Conspiracy charges are dangerous because you can face penalties without having personally done something actively wrong. You can be convicted of conspiracy if you agree with somebody else to commit a crime, and either one of you does something overt to advance the plan.
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 crimes. The district attorney in Rancho Cucamonga, CA may charge another crime as a hate crime if they think that the alleged offender committed the crime as an attack against a specific protected group.
Additionally, our Rancho Cucamonga, 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. With two prior strikes, the penalty could be 25-years-to-life in prison, with additional restraints on early release.
Procedural and Governance Charges Defense Lawyers
If the alleged violent crime was committed against a law enforcement officer in Rancho Cucamonga, CA, the allegations can be even more severe. Assault on a police officer is more heavily penalized than assault against other civilians, while resisting arrest carries similarly harsher sentences for a wide array of alleged misconduct. 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.
These charges, as well as all the charges listed above, are most often handled by the Rancho Cucamonga, CA, local prosecutor. Sometimes, though, a federal prosecutor may fight against you. 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 equipped to defend you against federal crimes as well as state charges.
Additional Miscellaneous Violent Crime Defense Services We Offer
- Aggravated Battery
- Assault With Force Likely to Produce Great Bodily Injury
- Battery On a Spouse or Cohabitant or Dating Partner
- Contempt for Violating a Domestic Violence Court Order
- Corporal Injury on a Spouse or Cohabitant
- Dissuading a Witness or Victim/Witness Intimidation
- Expungement/Record Clearance After Violent Crime Conviction
Violent Robbery Defense Lawyer: Armed Robbery, Carjacking, and Burglary
You need a robbery defense lawyer if you're up against 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..
In one case, a client faced armed robbery charges after a misunderstanding during a transaction. By exposing false accusations and procedural errors, we secured a misdemeanor plea with no jail time. If you're on parole or have prior convictions, 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 an attorney to protect you in Rancho Cucamonga, CA, you want someone with the below 3 qualities:
- Prior Success: You want to be represented by an attorney who knows the ins and outs of the California court system. Our team is know for our successful violent crime defense results.
- Relationships in Your Area's Court: We're ready for your case in Rancho Cucamonga, CA. We have relationships with 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 characteristics.
Defending Against California's Three Strikes Law in Rancho Cucamonga
California's Three Strikes Law (Penal Code 667) can turn a seemingly straightforward case in Rancho Cucamonga, 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. If you have any prior strikes on your record, it's critical to work with a leading criminal defense attorney to protect your freedom.
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 Rancho Cucamonga, CA:
- 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. If your third strike was non-violent, we petition for a reduction, potentially cutting life sentences to time served.
- Avoiding New Strikes: If your case is ongoing, we will argue for charges to be reduced down to misdemeanors when possible, avoiding a strike. 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. 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. We advocate for early release or expungement where possible.
Three strikes charges are not something to take lightly. If you're facing a third strike in Rancho Cucamonga, CA, you need to contact an attorney now. And we're prepared to help you. It doesn't matter how hard the prosecution fights, we will be with you every step of the way. Our experience and resources give us the tools we need to defend you.
Three Strikes disproportionately affects minorities and low-income areas like parts of Rancho Cucamonga, CA. Reforms continue, but without aggressive defense, clients face lifelong consequences. Don't give up; these cases are winnable. Contact our team today if you need help.
Tenatious Protection Against Violent Crime Charges – Call Our Attorneys Today
Don't try to face violent crimes accusations alone. The legal system is complicated. The Rancho Cucamonga, CA, district attorney is intimidating. And the consequences are heavy. 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 stand idly by and let the state build its case. We don't accept a poor plea deal, just because it was easier to get. We battle the state. We start every case by listening to our client, and protect your freedom from day one until the case is over.
Contact us now to start building your defense. Call us at (800) 755-5174 or fill out our online contact form to speak with a lawyer about how to protect your rights.
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