San Diego Felony Lawyer
San Diego Felony Attorney
Being charged with a felony is terrifying, having a huge impact on every aspect of your life. Working with the right San Diego felony lawyer can be critical to avoid some, or even all, of the most impactful consequences of the charges.
Felonies in San Diego are serious charges, and offenders can expect at least 16 months in jail if they are not given probation, which also requires the right, and excellent, San Diego felony attorney. These felony crimes involve harsher punishment.
Dealing with the consequences of a felony offense can mean not only losing your freedom but also your job, spouse, and family, not to mention the hardship that will be placed on anyone else who currently relies on you for support.
This is why you need aggressive legal support behind you to ensure that you and your family are thoroughly protected every step of the way. At Lee Law Group, our experienced felony defense attorneys are dedicated to protecting your freedom.
Felony Charges in San Diego, CA
California classifies violations into three categories: infractions, misdemeanors, and felonies.
Infractions are public offenses that are illegal but usually not considered as serious. Moreover, infractions do not appear on your criminal record and do not result in jail time. Examples of these are driving without a seatbelt or exceeding the posted speed limit.
Misdemeanors are crimes that may result in imprisonment in county or city jail not exceeding one year. Unless stated, most misdemeanors can be punishable by jail time and a fine not more than $1000. In most cases, criminal defendants in San Diego have the option to serve probation, depending on the agreement between the prosecution, the defendant’s legal counsel, and the court.
California Felony Offenses and Penalties
In California, felonies carry significant gravity. Felonies are the most serious crimes, typically punishable by imprisonment in state prison for more than a year.
When facing felony charges in San Diego or elsewhere in the state, you may be looking at a sentence in addition to other potential consequences. Felonies are categorized as more severe offenses, which warrant harsher penalties under the law. These cases often require a California felony defense attorney with extensive knowledge of the legal landscape.
The penalties for felony convictions in California are severe and may vary depending on several factors like the severity of the crime, criminal history, and specific circumstances surrounding the case. These penalties often include lengthy prison sentences, hefty fines, and probation. Some sentences may include the loss of the right to own firearms, substantial fines, and loss of the right to vote.
Some examples of felony crimes in San Diego are:
- Grand and Auto Theft
- Homicide, including manslaughter and murder charges
- Kidnapping
- Rape
- Robbery
- DUI, if there is an accident with negligence causing injury (Felony DUI)
- Domestic Violence
- Sexual Battery
- Assault with firearms or deadly weapon
- Gross vehicular manslaughter
- Drug Possession, Sales and Transportation Offenses
Understanding Wobbler Offenses
Some violations in California are considered “wobblers,” which are crimes that can either be a misdemeanor or felony. The final decision depends on the defendant’s criminal record, as well as the evidence and circumstances surrounding the crime. Aggravating factors may result in more severe charges and sentencing, while mitigating factors may lead to more favorable outcomes.
Some examples of wobblers in San Diego are:
- Forgery
- Statutory Rape
- Assault with stun gun or taser
- Vehicular manslaughter
- Fraud
- Aggravated battery
- Criminal Threats
- Drug Possession, Sales and Transportation Offenses
You need the support of the best legal experts in California. Here at Lee Law Group, you know that you can rely on the most dedicated team of lawyers who will defend your rights. We will also ensure that we provide you with guidance every step of the way.
What to Expect From a San Diego Felony Lawyer
When you hire a San Diego felony lawyer, they are responsible for representing you before the courts, negotiating with the prosecution, and supporting you throughout the legal process. Representing you properly means advocating for your interests, which is why they will be responsible for seeking an outcome that most aligns with your objectives in the process.
In addition to representing you, your lawyer is also responsible for providing legal counsel. Both our understanding of the law and our experience can be helpful in informing you of the details of your charges and the challenges that you may be facing. We can help you weigh the options that you have and ensure that you are aware of the risks involved. In particular, we can help you understand the dynamics involved with something like taking a plea deal compared with going to trial.
The foundation of your case should be a thorough understanding of your circumstances and the charges that you face. Whether you are faced with a drug crime, a violent crime, or other felony charges, your lawyer will need to investigate the circumstances surrounding the charges and understand the evidence that may be used against you. They will also be looking for any evidence that could be helpful in mounting a defense on your behalf.
Before the Trial
Through Discovery, your lawyer will have access to the evidence that the prosecution has to attempt to build a case against you. They can take this evidence and put themselves in the prosecution’s shoes, trying to identify how they may attempt to prosecute the case against you. This will give them an idea of both how strong their case is and how they may be able to defend against it.
Before a case goes to trial, in many cases, the prosecutor may decide to offer a plea deal. In that case, your lawyer is responsible for negotiating the strongest plea deal that they can get. While this might not be offered in every situation, there are times when your lawyer may look at the case against you and recommend that you consider a deal. However, whether to accept a deal or not will be your decision.
Also, before the trial, there will be a period where your attorney has the opportunity to file pretrial motions and to petition the court if any of your rights were violated during the investigation or arrest. For instance, most people are aware that you have Miranda Rights, which must be told to you in the course of an arrest if interrogation, or questioning is anticipated by law enforcement. However, if this doesn’t happen, anything that could have been used against you during that time may be invalid and thereby inadmissible in court.
Another critical right that you have is protection against unlawful searches and seizures. When evidence is obtained in violation of these protections, a judge may choose to disallow that evidence, that is making it inadmissible.
If sufficient grounds exist, we may be able to get a motion to dismiss the case, and even in the case where important evidence is disallowed, it could severely hamper the prosecution’s case. In fact, there are occasions where the prosecution has dropped charges after critical evidence was disallowed.
Representing You During Trial
If a case does go to trial, it’s our job to represent you during that process and defend against your charges. The defense that we offer could come in a variety of forms, but it’s important that it be the strongest defense possible based on the facts of your case.
In some cases, self-defense, or other affirmative defenses, may be a good strategy, but in others, another strategy may be more appropriate, such as arguing innocence and attacking the quality and accuracy of the prosecution’s evidence.
While we always put forth the strongest case that we can on behalf of our clients, juries are unpredictable, and we can’t always be certain of what they will do. Sometimes, even the strongest of cases returns an unexpected ‘guilty’ verdict. If that’s the case, we can continue to represent you and advocate on your behalf throughout the sentencing process, making a case for why you deserve a lighter sentence compared to the harsh penalties that you could face.
California’s Three Strikes Law
Being charged with serious crimes in California is bad. However, having multiple felonies in the state is worse.
In 1994, California introduced radical new laws that will result in harsher penalties for individuals convicted with multiple crimes. The objective of the Three Strikes Law is to deter people from committing crimes.
The first conviction of a serious felony is considered Strike One. Penalties involving the first charge are not affected by the Three Strikes Law. Those accused will only undergo sentences stipulated in the penal code.
On the second felony charge, considered Strike Two, the accused could be sentenced to twice the amount of time in prison set forth for that crime. This means that having a felony record when you are convicted of another serious felony will result in longer and harsher penalties. Moreover, the second “strike” will be added to your criminal record.
Convictions of any third felony are considered Strike Three. Those convicted of these criminal charges could be sentenced to 25 years to life in prison, regardless of the penalties generally applicable to the crime.
Whether you are on your first offense or in danger of having a third strike, you will need dependable legal support by your side. We at Lee Law Group have a team of experienced lawyers who will fight for your rights every step of the way.
San Diego Criminal Defense Process
Processes in the court system can be overwhelming and confusing, especially if you are not familiar with them. Here at Lee Law Group, we will take you through each step and explain what to expect. We will ensure that you are prepared. Understanding each process ensures that you know how to protect yourself.
Each step is important, as your life can change in the blink of an eye. Being well-prepared with a strong legal team behind you ensures that you are given the justice that you deserve.
Investigation: Involves collecting relevant evidence and interviewing eyewitnesses to piece together the events surrounding the possible crime. You may be questioned and even forced to submit to a search of your property. Even at this early stage, you will benefit from the support of an experienced attorney. A legal expert can help you prepare and explain how to conduct yourself, which questions to answer, and your rights during the investigation.
Arrests and Charges: If the investigation points to your guilt, then you may be arrested. At this point, the police can conduct a search incident to arrest or an inventory search without a warrant. However, they need probable cause to charge you with the crime.
Arraignment: This is your first chance to appear in court, where you will be read your charges and explained your rights. You will have the opportunity to enter a plea, which will be either not guilty or guilty. It is important to consult with your defense lawyer to understand the pros and cons of each plea before making any decisions.
Bail: Bail may be addressed during your arraignment or on a separate hearing. The judge may release you without bail, set bail, or deny bail.
Pretrial: During this step, your defense attorney and the prosecution will build their respective cases. They may file motions to address various legal issues, including any of your rights that were violated during the search or investigation. Your lawyer may also challenge any evidence against you.
Trial: Each side will present relevant evidence, testimony, and arguments to a judge or a jury. The prosecutor will attempt to prove your guilt beyond any reasonable doubt. You should be backed by an experienced legal team to give you a fighting chance.
Sentencing: This happens during a separate hearing, where the judge will hear recommendations from prosecution, the probation department, and your defense lawyer about the appropriate sentence.
Having the support of a skilled, experienced attorney in San Diego can greatly affect your ability to obtain a favorable resolution. The dedicated criminal defense trial lawyers at Lee Law Group provide expert legal support during the whole process.
Whether you have been arrested in San Diego for a DUI crime, drug trafficking, drug paraphernalia, other drug charges, white collar crimes, domestic battery, assault and battery, sex crimes or sexual assault, theft charges, child abuse, or other felony offenses, our aggressive San Diego criminal attorneys are ready to fight for you.
Considering a Plea Deal
Some who are charged with a felony crime prefer to fight the case in court instead of taking a plea deal. Plea deals aren’t an option in every case, but there are some cases when it could make sense to consider that option.
There are a few different reasons that the prosecution may consider offering a plea deal, but the primary impetus is the caseload that the courts are burdened with. One of the constitutionally protected rights of the accused is the right to a speedy trial, and it becomes difficult to comply with that when there are so many cases piling up in a jurisdiction. Arranging for a plea deal is one of the most impactful tools for prosecutors to ease some of the pressure on the system.
The specifics of what a plea deal may offer will vary depending on the situation. The general idea, however, is that the offer will be to accept guilt on a particular charge and associated penalties, which are lesser than those the defendant would receive if they were convicted and sentenced to the fullest.
In some cases, this could mean agreeing to accept guilt regarding the original felony charges but receiving a lighter sentence. More often, though, the plea deal will involve reduced charges and the lighter sentence that comes with those reduced charges. It may even be possible that a felony charge could be reduced to a misdemeanor instead.
The Benefits of a Plea Deal
The primary benefit of a plea deal for the accused is the certainty that it provides. While going to trial could result in an acquittal and not facing any penalties, it also holds the risk of a conviction and facing the stiffest penalties that the courts can impose under the law.
With a plea deal, though, you will know the penalties you face, and you’re often able to move forward more quickly than if you had gone to trial. You will need to weigh these potential benefits against any possible defense you may have and the risk of going to trial.
FAQs
What Is the Difference Between a Felony and a Misdemeanor?
The difference between a felony and a misdemeanor is that a felony is a more serious charge that can result in more severe sentences. For instance, felonies may involve longer periods of jail time and larger fines. Misdemeanors often result in probation rather than incarceration.
Some crimes, known as wobblers, can be charged as either misdemeanors or felonies, depending on the context of the offense.
What Should I Look for When Hiring a San Diego Felony Lawyer?
When hiring a San Diego felony lawyer, there are a few different traits that you should look for. One of the most important characteristics of a lawyer is a significant level of experience and talent. Often, they will be able to describe their experience, provide testimonials from past clients, and may be rated by third-party organizations.
Additionally, it’s vital that you remember that your criminal defense lawyer is acting as your representative. You should be certain you hire someone who is honest and dedicated to representing you in a way you’re comfortable with.
What Is the Impact of a Felony on Your Criminal Record?
The impact of having a felony on your criminal record can be significant. It could make employment challenging to find, in addition to limiting the educational opportunities available to you. In some cases, it disqualifies you for certain professional certifications. It also could negatively impact your financial opportunities, particularly related to securing loans or lines of credit.
There are times when a felony conviction can even impact someone’s personal life and relationships because of the stigma associated. Working with a quality San Diego felony lawyer may offer a pathway to avoiding these issues.
How Can I Defend Against Felony Charges?
There are a number of ways that you may defend against felony charges; however, the burden of proof in criminal cases is on the prosecution. They must persuade the court that you are guilty beyond a reasonable doubt. This means that the job of the defense is to invoke reasonable doubt in the minds of the judge or jury.
The exact specifics of a defense will depend on the circumstances. In some cases, an alibi, which shows you weren’t at the scene of the crime, may be the right defense. In other cases, it could be a tactic like self-defense.
What Should I Do If I’m Arrested?
If you’re arrested, you should do a few different things. The first thing you need to do is remain calm. It’s easy to worsen an already bad situation by acting rashly or saying something that could be used against you. It’s particularly critical that you use your right to remain silent. Officers and investigators are trained to identify anything that could be considered an admission of guilt, so it is better to say nothing and ask for your attorney.
What to Do After a Felony Charge
After being charged with a felony, it’s imperative to promptly secure the services of a seasoned California felony defense attorney. Acting swiftly to hire a knowledgeable legal professional affords more time and resources for your case.
At Lee Law Group, our team boasts years of experience successfully handling a wide array of felony defense cases. We prioritize accommodating your schedule and ensuring you receive the justice you rightfully deserve. We acknowledge that accidents can occur and that a felony charge has far-reaching consequences for you and your family’s future. Don’t hesitate to reach out today for a free consultation.
