Violent Crimes Lawyer Whittier, CA

Violent Crimes Lawyer Whittier, CA. When you're up against violent crimes charges, it can feel like the whole world is against you. They risk harming your reputation, devastating your career, and perhaps worst of all, a trip to jail or prison. But all hope is not lost. And when you work with 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 Whittier, CA, violent crimes defense lawyers will investigate your case, give you upfront, straightforward answers, and find defensive tactics that will 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 contact us online now for a no-obligation, confidential consultation.

The Law Offices of David S. Chesley's Process to Defend You Against Violent Crimes Allegations

Our team of Whittier, CA, criminal defense lawyers know that every violent crime case is unique, and we build a defense that's suited to your specific case. It all starts with the following steps:

• Listen to Your Story – When we build a defense, it all starts with you. You can be honest with us about everything, and we'll start with your perspective.
• Research the Law and Your Case – We'll investigate the charges and Whittier, 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 self-defense, consent, or false allegations.
• Plea Bargain With the State – Any time we communicate with the Whittier prosecution about your case, we will stand strong to find a deal that works for you.
• 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 Whittier, CA, the state must prove elements 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. Violent crimes charges carry some of the harshes penalties in California, especially if they are charged as a felony (as opposed to a misdemeanor). Victim testimony plays a key role, but cross-examination can reveal inconsistencies or false accusations.

For instance, the difference between assault and battery in California is critical: Assault (Penal Code 240) does not require any actual harm done (just an attempt or threat), meanwhile battery (Penal Code 242) requires actual physical contact. Both can be charged as 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. 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. We focus on defense strategies like procedural errors in the arrest or lack of intent to mitigate outcomes.

Major Whittier, 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 the person of another." Most 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 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 is just that: assault with intent to cause serious bodily injury. Closely related is assault with a deadly weapon: Assault using a non-firearm weapon. These variations are not actually given their own specific laws in California, but instead are lumped together under the broad umbrella of "assault laws."

Now that we've covered assault, let's discuss battery. Battery is a step past assault, and allegations include actual harm being caused, instead of only being attempted. In Whittier, CA, it's common to be charged with both at the same time after an altercation. 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. 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 Whittier, CA. This can include reckless driving, child endangerment, and similar charges. Because of the difference in each of the statutes, it's paramount to find a violent crimes lawyer who knows how to defend each of the charges.

If you're facing other violent crimes charges, we can help: Here are some other interpersonal harm charges we defend in Whittier, CA,:

• False Imprisonment: This is defined as an incident when one person confines another to a space against their will, 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 specific, extra grim 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 – you're also likely to see hate crime charges 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

Due to state law, you're not able to just do whatever you please with a gun in Whittier, CA. California firearm offenses can result from any number of statute violations, sometimes even just being the result of 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 Whittier, CA, firearm charges are major, the way the firearm was (and wasn't) allegedly used can make a big difference. Brandishing a weapon does not typically involve firing the gun, but instead using it to make a threat. Most of the time this is charged as a misdemeanor.

On the contrary, discharging a firearm will frequently get you harsher sentences. Particularly in incidents 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 Whittier, CA, violent crimes defense attorney will protect you from the legal consequences of these charges, including 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 injuries of all kinds, threats of abuse, 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.

Domestic violence charges aren't the only ones that are defined by the alleged victim. Child abuse is reserved for deliberate acts of violence against children (like hitting them), while child endangerment consists of putting a child at risk of harm, either intentionally or unintentionally. These charges are often filed together, intensifying their gravity.

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

The majority of Whittier, CA, violent crime cases are rooted in some alleged act of violence. However, you might also face heightened charges and/or sentencing enhancement if certain circumstances apply.

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 closely related. You could be convicted of conspiracy if you agree with another person to commit a crime, and either one of you does something overt to advance the plan.

Another way you can see your sentence raised is if you're accused of a hate crime. Hate crime charges can be their own case, but, they are often used as enhancements to other charges. The district attorney in Whittier, CA may charge another crime as a hate crime if the alleged offender's motivation was related to race, religion, sexuality, or another protected characteristic.

Furthermore, our Whittier, CA, violent crimes attorneys can help guard you from California's three strikes law. For alleged repeat offenders, this law can become a tremendous hurdle. Previous felony convictions may count as "strikes" against you. 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. With two prior strikes, you are facing 25-years-to-life in prison, with additional restraints on early release.

Procedural and Governance Charges Defense Lawyers

Whittier, 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 can range from physical attacks to simply being uncooperative. Obstructing a police officer is a similar category of charges, though these ones 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 Whittier, CA, you'll be in municipal court against a local prosecuting attorney. But for more serious cases, a federal prosecutor may take over. 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 ready to represent you against federal crimes as well as state charges.

Additional Miscellaneous Violent Crime Defense Services We Offer

Violent Robberies and Related Offenses: Armed Robbery, Carjacking, and Burglary

You need a robbery defense lawyer if you're facing 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 priors, these can trigger enhancements. 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 deciding on an attorney to fight your case in Whittier, CA, 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: We handle court cases all over California, including in Whittier, CA. We know 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 those qualities.

California Three Strikes Law Defense: A Significant Focus for Local Clients

California's Three Strikes Law (Penal Code 667) is important to keep in mind for violent crimes charges in Whittier, 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. Even non-violent third strikes once triggered life sentences until Proposition 36 reformed it in 2012, allowing resentencing for some.

As a violent crime defense attorney, I dedicate extensive resources to 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:

• Romero Motions: Romero motions can be used to request a judge to remove an existing strike on your record. 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. 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: Depending on the context of your case, we can argue that the sentence is unconstitutional, and constitutes cruel and unusual punishment. 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.

A Whittier, 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 Whittier, 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 Protection Against Violent Crime Charges – Call Us Now

Don't try to face violent crimes accusations alone. The laws are complex. The Whittier, CA, prosecutor is strong. And the penalties are steep. If you don't have 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 wait and watch the prosecution make its case against you. We don't accept a poor plea deal, just because it was the first one offered. We confront the charges. We listen to your story, craft a resolute defense, and defend your rights from when we first speak 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 Whittier, CA:

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