Why Hire an Oakland, CA Felony Lawyer
When you’ve been charged with a felony, a solid criminal defense attorney is recommended to help clear your name.
Here’s how an attorney helps you.
They Fight to Protect Your Rights
Law enforcement officials could have violated your rights during your arrest. Whether they failed to read you your Miranda rights or they arrested you after an illegal search and seizure, your felony lawyer will scrutinize the officer’s conduct to ensure your constitutional rights are upheld.
They Craft a Solid Defense Strategy
The prosecution will work diligently to prove your guilt beyond a reasonable doubt. A felony lawyer fights to dismantle the prosecution’s arguments and create doubt in your case. Your felony lawyer also advises you on how to best approach your case and guides you through the criminal process.
They Thoroughly Investigate Your Case
Your felony lawyer will need compelling evidence to fight your charges. This might include reviewing the crime scene, interviewing witnesses, or examining physical and forensic evidence to find inconsistencies or discrepancies in the state’s felony case against you.
Morris Law Defends Against All Felony Crimes
Many crimes can be charged as felonies. The facts of your case will determine the severity of your charges. Common felony crimes include:
- Murder under California Penal Code § 187
- Rape under California Penal Code § 261
- Voluntary manslaughter under California Penal Code § 192(a)
- False imprisonment under California Penal Code § 236
- Child pornography under California Penal Code § 311.11
- Aggravated battery under California Penal Code § 243(d)
- Kidnapping under California Penal Code § 207
- Torture under California Penal Code § 206
Penalties for an Oakland, CA Felony Conviction
The consequences you can be stuck dealing with after a felony conviction can vary considerably depending on the specific details of your case. Many felony convictions can carry low, middle, and high prison terms. The judge makes the final decision at their discretion during your sentencing.
For example, a burglary conviction could result in two, four, or six years in prison. Suppose aggravating factors are present, such as a child being involved, use of a weapon, lack of remorse, or a victim enduring serious bodily injury. In that case, you could face harsher sentencing.
However, not every felony charge carries specific sentence terms. In these cases, you could be sentenced pursuant to California Penal Code § 1170(h), which allows county jail terms of sixteen months, two or three years.
Other Criminal Penalties & Collateral Consequences
Other criminal penalties and collateral consequences you could face if convicted of a felony in Oakland, CA include:
- Fines as high as $10,000
- Probation or parole requirements
- Community service
- Citizenship or immigration issues
- Random drug or alcohol testing
- Court-ordered anger management treatment
- Trouble finding a job
- Difficulty finding affordable housing
- Child custody issues
- Court-ordered substance abuse treatment
Wobbler Crimes: When Can You Face Felony Charges?
A wobbler crime is a crime that can be charged as either a misdemeanor or a felony, depending on the facts of your case. Aggravating factors that exist in your case will ultimately determine your charges.
Straight felonies are crimes that cannot be reduced to or charged as misdemeanors. Some examples of straight felonies include:
Felonies That Could Be Reduced to Misdemeanors
Some examples of felonies that could be reduced to misdemeanors include:
Felony Charges and California’s Three-Strike Law
Under California Penal Code § 667, California’s Three-Strike law refers to additional penalties a defendant can receive for being convicted of multiple serious or violent felonies. Each time a person is convicted of a serious or violent felony, they get another strike added to their record and additional penalties on top of their initial sentence.
For example, someone on their second strike could receive a double sentence under California Penal Code § 667.2, while a third striker could get twenty-five years to life in prison. If this is your third felony charge, the penalties you face could be far more severe than you previously thought.
You Have Options When Facing Felony Charges
The specific defense strategy used in your case could vary depending on the type of felony you have been charged with.
Defense options that may be available to you include:
A significant number of the felony crimes defendants face are violent crimes. This includes rape, murder, battery, kidnapping, and other violent crimes. To avoid a conviction, your lawyer may be able to argue that you were acting in defense of yourself or others.
However, for this defense to be successful, your felony lawyer must show that you had reasonable belief that you or someone else was in immediate threat of serious bodily harm, and that your reaction included a reasonable use of force.
False accusations of criminal activity are far more common than people realize. People who are in the middle of custody battles, divorce, a messy break-up, and other tumultuous relationships may find themselves being falsely accused of serious felony offenses. Your attorney will be tasked with providing the court with evidence that your accuser had ulterior motives.
Unlawful Police Conduct
Police and law enforcement have been known to engage in unscrupulous tactics to build cases against defendants. If you were unlawfully stopped, police searched you or your property without permission or a warrant, or otherwise engaged in unlawful conduct, any evidence obtained during these acts should be deemed inadmissible at trial against you.