Eastvale Criminal Defense Attorney

Felony charges are more serious than misdemeanor charges, and they can lead to more serious penalties if convicted. In California, sentencing rules for felony crimes are complex, and prosecutors can exercise broad discretion when deciding on penalties and prison sentencing terms. Some common California felony charges include:

• Domestic Violence: Such charges are for alleged crimes that occur in the domestic sphere and can involve verbal, physical, and sexual abuse.
• Child Abuse: Harming or neglecting a child can result in serious charges, which can result in a loss of parental rights.
• DUI: Driving under the influence after multiple offenses, or with aggravating factors, can result in felony charges. If convicted, an individual can face prison time and have their license temporarily or permanently revoked.
• Drug Crimes: Serious drug crimes, such as illegal drug manufacturing and drug trafficking, can result in felony charges.
• Fraud: Deceptive practices, such as wire fraud, identity theft, and other kinds of financial fraud that attempt to take assets or information unlawfully, are typically serious felony crimes.
• Property Crimes: Certain serious property crimes, such as burglary, arson, and robbery, can be classified as felony crimes. Aggravating factors, such as causing severe physical harm to a victim or brandishing a deadly weapon, can lead to more serious penalties.
• Violent Crimes: Violent crimes are typically felony crimes. These can involve rape, assault, manslaughter, murder, and/or robbery.

Further felony crimes include counterfeiting and forgery, along with weapons crimes, such as manufacturing or trafficking. Each felony has different penalties and consequences associated with it. If you are facing charges for a felony crime, it is important to be aware of the potential penalties that you could be facing, based on your criminal history and the details of the crime. An Eastvale criminal defense lawyer can assist you with understanding your charges and their implications.

Most of the felony offenses in the state are associated with three certain options for sentencing, which are laid out in the statute addressing the crime. If the sentences are not defined, the prison sentence period can either be 3 years, 2 years, or 16 months. If a defendant is convicted of a crime after a trial, there is a sentencing hearing held, in which the judge decides on one of the three prison sentences as the base term.

During the sentencing hearing, the judge may also decide to issue alternative sentencing measures, such as a fine or probation, if it is permitted under California law for that crime. When deciding on a base-term sentence, a judge will usually take into account the case details, such as aggravating factors and whether there is an existing criminal record. They can add time to the base-term sentence as well. The majority of felony prison sentences are for a fixed amount of time, except for indeterminate sentences.

A wobbler crime is a type of crime that can be classified as either a misdemeanor or felony in the state of California. Wobbler crimes are automatically classified as felony crimes, and it is up to the prosecutor to reduce the charges to a misdemeanor level based on the details of the crime committed. Examples of wobbler crimes include:

• DUIs: A first, second, or third driving under the influence (DUI) offense is considered to be a wobbler, along with any DUI that causes bodily injury and vehicular manslaughter while intoxicated.
• Criminal Street Gang Participation: Street gang activity in California is highly criminalized, and participation in such activity is considered a wobbler.
• Domestic Violence: Crimes involving psychological or physical harm in a domestic situation, or the violation for a second time of a restraining order, are wobblers.
• Assault With a Deadly Weapon: Assault crimes that are committed while using a deadly weapon, such as a blunt or sharp object, can be wobblers.
• Child Endangerment: This can include abducting a child as a violation of custody, and it is classified as a wobbler.

Further wobbler crimes in California include:

• Criminal threats
• Stalking
• Burglary
• Statutory rape
• Forgery
• Carrying a loaded firearm in public
• Vandalism

An experienced criminal defense lawyer can present evidence and help negotiate with the prosecution to get your wobbler crime dropped down to a misdemeanor.

Having your charges reduced from a felony to a misdemeanor can have impactful implications on the associated penalties and long-term outcome of your case. In misdemeanor cases, you can only face up to one year of jail time, while prison sentences can last years for felonies. Furthermore, not having a felony on your criminal record allows you to keep certain fundamental rights and freedoms, such as voting and working certain government jobs.

If you were convicted for a crime long ago, and are still feeling the negative outcomes of the charges, then having your record expunged may be an option for you. Even in the case of a misdemeanor with maximum sentencing, you may still be eligible to have your California record expunged. The following criteria to have your record expunged include: 

• Fully completing your probation sentence
• Having no current charges
• Not having been sentenced to time in a California state prison
• Not currently serving a jail or prison sentence or probation for an existing criminal offense
• Not having previous convictions for child sex offenses

If you are unsure about whether you qualify for record expungement in Eastvale, CA, then it is important to work with an experienced criminal defense lawyer. They can analyze the details of your case and inform you about what your options are.

In California, certain legal strategies can be taken to avoid serving time in prison or jail, depending on the specific details of your case, including your criminal record. A dedicated criminal defense attorney can analyze the facts in your case and inform you about what your options may be.

Based on certain criteria in California, your criminal defense lawyer can negotiate with the prosecutor to work toward getting probation or other alternative sentencing options, such as counseling, education programs, and community service. A plea bargain is also an option, which involves admitting guilt to a lesser crime that does not involve jail sentencing.

A California criminal defense lawyer can also put forward concrete mitigating circumstances, such as showing cooperation with authorities, the absence of an existing criminal record, or clear evidence of improved conduct. If you are successful in receiving alternative sentencing, it is crucial to adhere to the rules and regulations attached to the sentencing to avoid having your probation agreement canceled.

The Three Strikes Law in California imposes additional penalties on those who have been repeatedly convicted of certain felonies. The law requires people who have been convicted of a violent or serious felony crime three or more times to serve double their assigned prison sentence. The prior felony must be classified as a so-called “violent” crime.

If you are facing charges for a violent or serious felony, and you already have been convicted for such a crime twice or more times prior, then you will be facing a “25-years-to-life” sentence. Therefore, it is critical to have a criminal defense lawyer who can work closely with you. They can help you come up with a strategic defense method and fight tirelessly for you in court.

In the criminal justice system in California, the roles of prosecutors and defense attorneys are very different.

Duties of a Defense Attorney

Attorneys who represent the accused are known as criminal defense attorneys. The goal of defense attorneys is to ensure that the rights of their clients are protected and to advocate for positive case outcomes in court, whether this involves negotiation or representation. A criminal defense lawyer challenges the evidence brought forward by the prosecution, employing tactics such as witness cross-examination and presenting legal arguments.

Duties of a Prosecutor

A prosecutor, on the other hand, is a lawyer who represents the government in a criminal case. Otherwise known as state’s attorneys or district attorneys, they are mostly responsible for pursuing criminal charges against people who have been accused of committing crimes by the state. A prosecutor has the burden of presenting evidence that the accused is guilty of the charged crime beyond a reasonable doubt.

A prosecutor has discretion on whether to press legal charges, work out a plea deal, or go forward with a trial based on the law and the details provided and collected for a case. A prosecutor typically pushes for the accused to receive imposed penalties. A criminal defense lawyer fights against the charges and advocates for decreased penalties. While both prosecutors and criminal defense lawyers have different legal roles, they both contribute to a balanced legal process.

Beyond legal penalties that can be imposed on individuals within the court system, there are long-lasting negative consequences that can impact a convicted felon’s life. Being a convicted felon can restrict people from accessing certain opportunities and damage their reputation.

Collateral consequences, in particular, are civil, regulatory, or legally imposed restrictions that bar people from accessing opportunities, rights, and benefits related to:

• Business
• Licensing
• Voting
• Employment
• Housing
• Education

Some common collateral consequences include: 

• Lost Occupational Opportunities: Felons cannot work in positions involving operations or management in regulated businesses. Furthermore, there are many employers and businesses that refuse to hire convicted felons.
• Restricted Housing Options: Some landlords may run background checks on potential tenants and refuse to accept them if they are felons.
• Threatened Immigration Status: Even for noncitizens who have been living and working in the country for years, a felony can be grounds for deportation and the loss of their potential to apply for citizenship.
• Limited Financial Prospects: Convicted felons may not receive access to opportunities to take out a loan, thus facing difficulties in buying a house, opening a business, and financing education.
• Tarnished Professional Reputation: Physicians who are felons are required to notify their patients in writing about their criminal status. Furthermore, felons with a professional or occupational status can lose their license, which could be for accounting or nursing, for example.
• Restricted Civic Participation: Convicted felons lose their ability to vote, along with their eligibility for certain government benefits and contracts. They can also be barred from working in certain government positions.
• Blocked Educational Advancement: Colleges may choose to turn down applicants who have a felony on their criminal record, and felons may not be eligible for financial aid and student loans.

Because the consequences of a felony are far-reaching into nearly every aspect of an individual’s life, having an impact even years after the crime has been committed, it is critical to work with an experienced criminal defense lawyer who can fight against your criminal charges. By designing an optimal criminal defense strategy, they can help protect your freedoms and rights.

For an individual to be convicted of a felony, the prosecutor has to present evidence proving that the defendant committed the crime beyond a reasonable doubt. This means that the district attorney or state attorney has a high burden to prove that the defendant is guilty because, under United States law, an individual is assumed to be innocent until they are proven guilty.

Challenge the Prosecution’s Argument

A criminal defense lawyer can point out inconsistencies or errors in the evidence that the prosecutor has brought forward, as well as flaws in their legal argument. For the majority of criminal charges, the prosecutor has to prove that the defendant had criminal intent, which can also be difficult to prove. Therefore, a criminal defense attorney can fight such charges by presenting evidence that there was no criminal intent or that the crime was committed by accident.

Show That the Defendant Had a Legal Reason to Commit the Crime

For certain violent felony crimes, a common defense strategy is to argue that the alleged crime was either committed because the defendant had fear of imminent danger or was using self-defense. Another common defense is to claim that the defendant had their life threatened and was, therefore, forced to commit the crime.

Other Strategies

Other defenses include showing that a crime was committed without knowing it or due to misunderstanding. This is a common strategy used against certain white-collar charges, such as insider trading and money laundering. To optimally understand which defense strategies can work for your case, it is important to get in touch with a dedicated criminal defense lawyer.

Whether you are facing minor misdemeanor charges or more serious felony charges, it’s important to have an experienced legal team taking charge of your case by leveraging all their relevant knowledge and resources. At My SoCal Lawyers, our defense attorneys use careful and detailed consideration, while focusing on your desired case outcome, to build up a defense strategy that can meet your needs. Get in touch with one of our team members today to start working on your case.