Violent Crimes Lawyer San Gabriel, CA. Any criminal accusations are serious, but few are as serious as violent crimes. They risk wrecking your reputation, ruining your career, and perhaps worst of all, a trip to jail or prison. But you have a chance at a more positive outcome. And with the Law Offices of David S. Chesley, Inc., you're getting expert legal representation to protect you from these devestating consequences. We defend all of the following violent crime categories (and more):

Our experienced San Gabriel, CA, violent crimes defense lawyers will research your case, tell you the truth about your situation, and develop defensive strategies that should be effective for your case. You deserve a defense tailored to you, and we can provide that. If you need to craft your defense, call (800) 755-5174 or reach out online now 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 Accusations

Our team of San Gabriel, CA, criminal defense lawyers know how different each violent crimes accusation can be, and we give each of our clients' cases a tailored defense. Here's how we'll do that for your case:

  • Listen to Your Story – Every case starts with our client. We want to hear from you what really happened and why.
  • Research the Law and Your Case – We'll look into the charges and San Gabriel, CA, violent crime law specifics, to see if there are any special circumstances which apply to you.
  • Put Together a Defense Strategy – Our team will recommend a defensive strategy such as defense of others, consent, 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 your case reaches 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

In California, "violent crimes" is wide category, including everything from domestic violence to drive-by shootings to firearm offenses. Before you can be conficted in San Gabriel, CA, the state must prove factors 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. 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. 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.

If you're curious about violent crime distinctions, let's look at the difference between assault charges and battery charges in California: 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 charged as misdemeanors or felonies; it's up to the prosecution to decide what to charge. Outcomes vary a lot depending on the specific charges and past history of the alleged offender. First-time offenders facing misdemeanor charges are more likely to avoid prison, but repeat offenders or felony charges are more likely to face harsh penalties. 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.

🏠 Know Your Rights: Can you pull a gun on an intruder in California?Video: Law Offices of David ChesleyWatch on YouTube
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Major San Gabriel, CA, Violent Crime Charges We Defend

Assault, Threats, and Interpersonal Harm Defense Lawyers

Assault is one of the most commont types of violent crimes in California. 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." Many people aren't aware 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 there are several more serious variations of them. Aggravated assault types of charges stem from attempts to cause serious harm, rather than just harm in general. Another similar one is assault with a deadly weapon: Committing assault while using a non-firearm weapon. These variations aren't literally written into California law, but instead are used to describe specific types of "assault" charges

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 only being attempted. After a fight, San Gabriel, CA prosecutors are often prone to issue both assault and battery charges to defendants. On the flip side, criminal threats charges can occur completely over the phone, text, or verbally in person. They don't have to involve literal violence at all. 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 San Gabriel, CA. This can include reckless driving, child endangerment, and other charges along those lines. Due to the difference in each of the laws, it's important to find a violent crimes lawyer who can protect you from any of the possible charges.

Our lawyers also defend the following violent crimes charges in San Gabriel, CA,:

  • False Imprisonment: This is defined as an incident 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: Kidnapping consists of taking a person from one location to another against their will.
  • Human Trafficking: Human Trafficking is similar to kidnapping or false imprisonment, but is done for particular, extra grim reasons like 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 goes beyond battery and includes serious injuries, done to make the alleged victim suffer.
  • 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 Gabriel, CA. California firearm offenses cover a large swath of statutes, and you can get in trouble for something as simple as unlawful possession.

Often, unlawful 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 any San Gabriel, 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. This is often prosecuted as a misdemeanor instead of a felony.

On the other hand, discharging a firearm will almost always be a more serious charge. Particularly 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.

A high-quality San Gabriel, 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. However, the stigma and penalties are even worse when spouses, children, or other family members are affected. Domestic violence isn't just 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.

Crimes against children also have their own specific legal categories. Child abuse involves the direct, intentional cause of harm to a child, meanwhile child endangerment could be any action that endangers a child, regardless of whether you meant to or not. These charges can be filed together, expanding their seriousness.

Our household 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

Some violent crime accusations are just that – the San Gabriel, CA, prosecutor alleges that you committed an action that broke the law. That said, you can also face elevated charges and/or sentencing enhancement if your case meets certain criteria.

One way we frequently see penalties increased is through 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, anywhere from 4 years to life can be added onto the sentence, depending on the alleged crime. Conspiracy charges are closely related. You can be found guilty of conspiracy if you collaborate with someone else to commit a crime, and either one of you takes action towards committing that 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 prosecution in San Gabriel, 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.

Furthermore, our San Gabriel, 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, sentences for felony convictions are doubled, and you won't be eligible for parole until you've served 80% of the sentence. With two prior strikes, the sentence could be increased to 25-years-to-life in prison, with further restrictions on early release.

Procedural and Governance Charges Defense Lawyers

If the alleged violent crime was committed against a law enforcement officer in San Gabriel, 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 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 San Gabriel, CA, you'll be in municipal court against a local prosecuting attorney. 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 represent you against federal crimes in addition to state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

Robbery and Violent Crimes Intersections: Armed Robbery, Carjacking, and Burglary

You need a robbery defense lawyer if you're up against 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.

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 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.

Neighbor disputes can quickly escalate...Video: Law Offices of David ChesleyWatch on YouTube
Navigating a domestic violence case?Video: Law Offices of David ChesleyWatch on YouTube

Top 3 Violent Crimes Defense Lawyer Qualities

Violent crimes charges need high-quality defense lawyers. When you're deciding on an attorney to protect you in San Gabriel, CA, you want someone 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 is know for our successful violent crime case results.
  2. Relationships in Your Area's Court: We're ready for your case in San Gabriel, CA. We know local prosecutors and judges, and will leverage our relationships in your negotiations.

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 those qualities.

Defending Against California's Three Strikes Law in San Gabriel

California's Three Strikes Law (Penal Code 667) is a massive search trigger for San Gabriel, CA, clients, as it dramatically enhances sentences for repeat offenders. 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.

Defense Strategies Under Three Strikes:

  • File Romero Motions: We file Romero motions to strike priors if they're old, minor, or unjust. These are more likely to be successful by showing flaws with the older case, or proof of rehabilitation.
  • Resentencing Petitions: Post-Prop 36, over 2,000 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. 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. Part of this can also involve fighting against prior convictions, and showing that they were unconstitutional or incorrect.
  • 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.

If you're facing Three Strikes charges in San Gabriel, CA, you need to act fast to protect your freedom. The third strike can carry a life sentence. You need a lawyer with the resources to protect your future. And the Law Offices of David S. Chesley has those resources. We have a team of leading California attorneys ready to stand by you, from day one until the case is done.

Minorities and low-income individuals are frequently affected by California's Three Strikes law in San Gabriel, CA. Whatever the future holds, in the present, you need a leading three strikes defense attorney. We're ready for your case. Call now to start building your defense.

Tenatious Defenses Against Violent Crime Charges – Call Our Firm Today

Violent crimes charges are tough to fight on your own. The legal system is convoluted. The San Gabriel, CA, prosecutor is frightening. And the punishments are severe. 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 accept a poor plea deal, just because it was faster. We confront the charges. We start every case by listening to our client, and fight for your rights from when we first speak until the case is concluded.

Reach out to us now to begin building your defense. Call (800) 755-5174 or let us know how we can help you on our online contact form to speak with an attorney about how to protect your rights.

We also offer the following legal services in San Gabriel, CA: