Why Hire an Oakland Violent Crimes Lawyer
From challenging the prosecution’s case to protecting your rights in court, the value of a violent crimes lawyer can’t be overstated.
Here are the benefits of selecting a local criminal attorney to prepare your defense strategy:
They Protect Your Rights
Whether you acted in self-defense or you were falsely accused, your attorney can stand up for your rights in court and prepare a robust defense.
They Negotiate with the Prosecution
There may be opportunities to negotiate a plea agreement with the prosecution depending on your case. By skillfully negotiating a fair outcome, your attorney can help you avoid a harsh sentence.
They Question the State’s Evidence
Your attorney can dismantle the prosecution’s claims by challenging weak or unlawfully obtained evidence. By filing the necessary motions, your lawyer could remove evidence from your case before the jury even lays eyes on it.
An Oakland Criminal Lawyer for All Violent Offenses
Multiple crimes could be considered violent. Here are a few of the more common violent crimes Morris Law is prepared to defend against:
Like most criminal charges, the penalties for battery range. The facts of your case will ultimately determine what you’re up against.
Assault is a serious charge with substantial sentencing enhancements, depending on the facts of your case.
Under California Penal Code § 207(a), it is illegal to use force or fear to take someone without their consent out of their property, residence, or any other location.
Under California Penal Code § 236, it is illegal to restrain, confine, or detain someone against their will or refuse to allow them to leave when they wish to.
Under California Penal Code § 422, you can face criminal charges for threatening to commit a crime.
Under California Penal Code § 646.9, it is illegal to harass, follow, or threaten someone to the point that they fear for their physical safety.
Under California Penal Code § 240, you can face criminal charges for intending to commit serious bodily injury to another.
Under California Penal Code § 243(d), it is illegal to commit any act that causes serious bodily injury to another.
Penalties for an Oakland, CA Violent Crime Conviction
If you are found guilty of a violent crime in Oakland, CA, your entire life could be adversely affected. Some of these offenses are wobbler crimes, meaning they can be charged as a misdemeanor or felony. The facts of your case will ultimately determine your charges.
Here are some of the more common penalties associated with violent crime convictions:
- Assault – Misdemeanor resulting in up to six months in county jail; fines not to exceed $1,000.
Battery – Misdemeanors result in up to six months in county jail; up to $1,000. Felonies result in up to three years in state prison; fines up to $10,000.
- Kidnapping – Felony resulting in up to eight years in California state prison; fines up to $10,000.
- False imprisonment – Misdemeanor resulting in up to $1,000 in fines; up to one year in county jail.
Criminal threats – Misdemeanors result in one year in county jail; fines up to $1,000. Felonies result in four years in state prison; fines up to $10,000.
- Stalking – Misdemeanors charges result in up to one year in county jail; fines up to $1,000. Felonies result in up to five years in state prison; fines not to exceed $10,000.
- Aggravated assault – Felonies result in up to four years in state prison; fines as high as $10,000. Misdemeanors result in fines up to $1,000; one year in county jail.
- Aggravated battery – Misdemeanors result in up to one year in county jail; fines up to $1,000. Felonies result in up to four years in state prison; fines up to $10,000.
Your penalties could also be increased based on several factors, including whether you used a deadly weapon, have a criminal history, the crime involved a child, or have shown a lack of remorse.
In addition to the criminal penalties, several collateral consequences could follow you after you complete your sentence, such as:
- Immigration or citizenship problems
- Child custody troubles
- Difficulty finding a quality job
- Trouble with housing
- Loss of firearm rights
- Damage to your professional reputation
- Community service
- Court-ordered anger management treatment
- Suspension or revocation of professional licenses
- Court-ordered substance abuse treatment
Defenses Against Violent Crime Charges in Oakland, CA
For most violent crimes, pretrial diversion programs will not be an option. This is true even for first-time offenders. However, Seth Morris has experience securing dismissals for clients just like you. Although you may be up against unlikely odds, we will fight to find a solution.
Some of the following defenses may apply to your case.
The self-defense strategy may be most appropriate if you reasonably believed that the use of force was necessary to protect and defend, and you only used a reasonable use of force given the situation,
When police violate your constitutional rights, any evidence obtained that originated through these unlawful acts can be tossed out in the trial against you. This might include actions like an illegal search and seizure or a failure to read your Miranda rights.
Witness statements are not always credible. When your identity was mistaken due to poor lighting, memory or perception issues, or distance, you should not be found guilty of the violent crime in question.
You are Innocent
Your violent crime lawyer in Oakland, CA will work tirelessly to establish your alibi. Further, they will work to provide physical evidence explaining how you could not have been present to commit the alleged violent crime. This might include work timesheets or video surveillance.