Violent Crimes Lawyer San Diego, CA. Violent crime allegations are dangerous, whether they are felonies or misdemeanors. They risk torpedoing your reputation, ruining your career, and possibly worst yet, a lengthy prison sentence. But all hope is not lost. And when you hire the Law Offices of David S. Chesley, Inc., you get a shield that will guard 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 experienced San Diego, CA, violent crimes defense lawyers will examine your case, give you honest advice, and find defensive tactics that will be effective for your situation. 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 reach out 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 Accusations
Our team of San Diego, CA, criminal defense lawyers are aware of how complex violent crimes allegations are, and we give each of our clients' cases a tailored defense. This is how we do it:
- Learn About Your Story – When we build a defense, it all starts with you. We want to hear your side of the story.
- Research the Statutes and Your Case – We'll look into the charges and San Diego, CA, violent crime law specifics, to ensure that we're well prepared to build a strong defensive strategy.
- Put Together a Defense Strategy – We'll recommend a defensive strategy such as self-defense, consent, or false allegations.
- Plea Bargain 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
California law defines several violent crimes, including the likes of aggravated assault, child abuse, and resisting arrest. Before you can be conficted in San Diego, CA, the state must prove factors like your culpability 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. Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.
For instance, let's look at the difference between assault charges and battery charges in California: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), while battery (Penal Code 242) requires actual physical contact. Each of these can be misdemeanors or felonies, with the state making that decision based on the circumstances. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. 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. 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 San Diego, CA, Violent Crime Accusations We Defend
Assault, Threats, and Interpersonal Harm Defense Lawyers
If you hear the phrase 'violent crimes,' assault is probably one of the first to come to mind. 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, one only has to attempt to cause harm, regardless of whether or not you 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. Another similar one is assault with a deadly weapon: Attempts to harm while using a weapon other than a gun. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges
Now that we've covered assault, let's discuss battery. Battery occurs when harm is actually done, rather than just being attempted. In San Diego, CA, it's common to be charged with both at the same time after an altercation. Meanwhile, criminal threats charges don't even require an attempt at violence, just an attempt to intimidate someone. You can be found guilty even if you didn't have the ability to carry out the threats.
We also commonly defend reckless endangerment charges in San Diego, CA. This can include reckless driving, child endangerment, and other charges along those lines. Because of the variation in specific laws, it's paramount to hire a violent crimes lawyer who knows not only how to defend against individual charges, but also the combinations of them.
If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in San Diego, CA,:
- False Imprisonment: False imprisonment occcurs 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: As opposed to the above allegations, human trafficking is done for particular, extra grim purposes 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: 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 used for particularly grisly allegations of harm, wherein the action was performed for a sadistic purpose.
- Mayhem: Mayhem is like a more advanced version of battery, though in this case, a permanent disfigurement or disability must have been caused.
- 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
The right to bear arms comes with many restrictions and responsibilities in San Diego, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of unlawful possession.
Often, possession charges are related to a felon in possession of a firearm, but it could also be related to possessing a concealed firearm when you don't have a permit or a felon possessing ammunition.
While all San Diego, CA, firearm 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. This is often prosecuted as a misdemeanor instead of a felony.
On the other hand, discharging a firearm can greatly increase the punishment you're facing. Especially in allegations 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.
A high-quality San Diego, 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
No matter what kind of violent crime charge you're facing, it's tough to see a way out. Domestic accusations, though, are especially hard to fight. Domestic violence goes beyond battery on your spouse; it includes intentional or unintentional harm, threats of harm, and even just placing someone in fear of harm. 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.
Crimes against children also have their own specific legal categories. Child abuse involves the direct, intentional cause of harm to a child, while child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, increasing their seriousness.
Our experienced violent crimes defense lawyers aren't limited to just conflicts between family members who live together. 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
Some violent crime accusations are just that – the San Diego, CA, prosecutor alleges that you committed an action that broke the law. But you could also face heightened charges and/or sentencing enhancement if certain circumstances apply.
In many cases, the punishments can be heightened via gang enhancements. When an alleged offender has a past history of supposed gang activity, and this new charge was in some way related to a gang, prison sentences can drastically increase, though exactly how much depends on the alleged crime. Conspiracy charges are closely related. You could be convicted of conspiracy if you agree with someone else to break the law, and either one of you does something that furthers the commission of the crime.
You could also see increased penalties if you're being charged with a hate crime. Sometimes, a hate crime accusation is its own charge. However, you can also see them used as enhancements to other charges. The prosecutor in San Diego, 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.
Lastly, our San Diego, 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 to wait significantly longer before earning eligibility for parole. When convicted and given a third strike, the sentence could be increased to 25-years-to-life in prison, with additional limitations on parole.
Procedural and Governance Charges Defense Lawyers
San Diego, CA, violent crime charges can be particularly damaging if they were allegedly committed against law enforcement. Assault on a police officer can result in more prison time than if the assault was against a non-officer, 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.
In most cases, if you're accused of a violent crime in San Diego, CA, you'll be in municipal court against a local prosecuting attorney. 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
- 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
Robbery and Related Offenses: Armed Robbery, Carjacking, and Burglary
Robbery lawyer services are essential for 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.
Without a leading violent robbery defense lawyer, you could be facing serious felony charges without a path out. At the Law Offices of David S. Chesley, we will fight to get your charges reduced and case dismissed. If you're on parole or have prior convictions, 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.
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 picking an attorney to fight your case in San Diego, CA, 'good enough' isn't good enough. You want a legal team with the below 3 qualities:
- Prior Success: You want a lawyer who knows how to fight your specific charge. Our team is know for our successful violent crime defense results.
- Relationships in Your Area's Court: We're ready for your case in San Diego, CA. We have relationships with local prosecutors and judges, and will use them to your advantage.
With a legal team with these qualifications defending you from violent crimes allegations, you'll get the best chance of a positive outcome. 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 San Diego
California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in San Diego, 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.
As a violent crime defense attorney, I dedicate extensive resources to Three Strikes cases. 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:
- Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
- Motion for Resentencing: Post-Prop 36, over 2,000 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. Many of these cases hinge on showing a lack of intent on the alleged offender's part.
- 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 Your Future: Stirkes not only add onto your sentence: they also 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 San Diego, 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.
Minorities and low-income individuals are frequently affected by California's Three Strikes law in San Diego, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. 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.
Tenatious Defenses Against Violent Crime Charges – Call Our Lawyers Today
Violent crimes charges are tough to fight on your own. The statutes are convoluted. The San Diego, CA, district attorney is formidable. And the sentences are grim. Without an expert violent crimes lawyer at your side, your liberty and constitutional rights are in danger.
At the Law Offices of David S. Chesley, Inc., we don't take a passive approach to your defense. We don't accept a poor plea deal, just because it was easier to get. We confront the charges. We listen to your story, craft a resolute defense, and fight for your freedom from the day you call until the case is over.
Contact us now to start building your defense. Call us at (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 defend you.
We also offer the following legal services in San Diego, CA:
