Facing Criminal Charges?
First, understand the criminal complaint against you.
In California, The Penal Code comprises the criminal statutes under which prosecutions are made by the various County District Attorney offices. Crimes are charged by the District Attorney (or sometimes by the police) if the charging entity that issued the criminal complaint believes it can be prove beyond a reasonable doubt that a certain defendant committed the elements which comprise a charged crime.
If you have been charged with a crime, Advocas Law Group can help with your defense. A criminal defense is a strategic argument that attempts to challenge the validity and sufficiency of the prosecution’s evidence.
What is the Severity of the accusation?
Infractions, Misdemeanors, and Felonies
Crimes are usually charged as infractions, misdemeanors or felonies. Infractions are violations of law which may be resolved by the payment of a fine (or sometimes community service). A misdemeanor is a criminal charge which is punishable by one year or less in county jail and/or a fine of less than $10,000.00. A felony is a criminal charge which is punishable by more than one year in the state prison system and/or a fine of more than $10,000.00.
Some violations are “wobblers,” meaning they can be charged as either a misdemeanor or a felony at the discretion of the District Attorney. Usually, factors determining such charging decisions are the circumstances surrounding the incident, prior charges or convictions, dangerousness to victims or the community, age of the offender or victim, seriousness of the crime, etc.
If a wobbler has been charged as a felony, an experienced attorney can help to have the charge reduced to a misdemeanor.
Navigating the justice system
We know how to successfully fight charges.
Although California has, in recent years, reformed sentencing standards to allow inmates serving felony sentenced in county jails rather than state prison, such sentences may be, in fact, state prison sentences. This is an important consideration if someone is charged with subsequent crimes after having completed such sentences and released. Prior state prison convictions, even if served in county jail, can sometimes result in a mandatory state prison sentence.
There are many ways an experienced attorney can challenge your criminal charges. Advocas Law Group can help you find the best ways to fight your criminal charges and help ensure your freedom. Contact us if you have any questions.
Contact us today to learn more.