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Riverside Felony Crime Lawyer
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At Law Offices of Grech & Packer, our Riverside felony attorneys understand that being charged with a crime is one of the most distressing events a person can experience. The threat of imprisonment and the legal processes can be overwhelming. We are here to help you through, answer your questions, and defend your rights. We will work tirelessly to do all we can in pursuit of the best possible outcome for your case.
Discuss your case with one of our Riverside felony lawyers by calling (951) 291-0105 or filling out this online form today.
Types of Felonies Crimes We Handle
Felonies in California are classified as the most serious category of criminal offenses. These crimes can result in substantial harm to individuals, property, or society.
Examples of felonies include:
- Aggravated assault
- Arson
- Burglary
- Embezzlement
- Fraud
- Homicide
- Kidnapping
- Possession of Schedule II narcotics
- Rape
- Tax evasion
- Theft over $500
- Vandalism
Felonies and the "Three Strikes Law" in California
The difference between a felony and a misdemeanor is the matter of severity of the crime and, accordingly, the sentencing. Felonies are crimes punishable by imprisonment in excess of one year and, in the most severe cases, can include the death penalty. Misdemeanors are punishable by imprisonment of one year or less. Being charged with a felony is a very serious matter. If this has happened to you, contacting a Riverside felony lawyer should be your first action.
California imposes some of the harshest sentencing for felony convictions. The "three strikes law" requires significant increases of prison time after the first felony conviction, even if it was for a non-violent crime. A second felony conviction automatically results in doubling of a prison term, and a third requires a sentence of 25 years to life in prison. It is important to note that the first and second "strikes" are counted by individual charges, rather than by case.
Potential Penalties for Felony Convictions
In California, the penalties for felonies vary depending on the degree of the crime, the specific offense, and whether aggravating or mitigating factors are present. Felonies in California are generally classified into three categories: straight felonies, wobbler offenses, and capital felonies.
Below is a detailed breakdown of felony penalties depending on the degree:
Straight Felonies
These are crimes that can only be charged and sentenced as felonies and cannot be reduced to misdemeanors.
First-Degree Felony
- Examples: Murder, kidnapping with intent to commit harm, arson of an inhabited structure.
- Potential Penalties:
- Prison Sentence: 25 years to life in state prison. For murder, the sentence can include life without the possibility of parole or the death penalty in certain cases (capital crimes).
- Fines: Up to $10,000.
- Additional Consequences: Restitution to victims, lifelong parole, and a permanent criminal record.
Second-Degree Felony
- Examples: Voluntary manslaughter, robbery, certain drug trafficking offenses.
- Potential Penalties:
- Prison Sentence: 5 to 15 years in state prison.
- Fines: Up to $10,000.
- Additional Consequences: Restitution, parole, and restrictions on firearms or other civil rights.
Third-Degree Felony
- Examples: Grand theft, assault with a deadly weapon, forgery involving large sums of money.
- Potential Penalties:
- Prison Sentence: 16 months, 2 years, or 3 years in county jail under California's realignment system.
- Fines: Up to $10,000.
- Additional Consequences: Probation may be granted instead of incarceration, particularly for non-violent crimes.
Wobbler Offenses
Wobblers are crimes that can be charged either as felonies or misdemeanors depending on the circumstances of the offense and the defendant's criminal history.
- Examples: Domestic violence, certain DUIs, theft crimes involving lower monetary values.
- Felony Penalties for Wobblers:
- Prison Sentence: 16 months, 2 years, or 3 years in county jail (or longer for serious offenses).
- Fines: Up to $10,000.
- Misdemeanor Penalties: Reduced sentence (up to 1 year in county jail) and fines.
Capital Felonies
- Examples: First-degree murder with special circumstances (e.g., murder for financial gain, murder involving multiple victims).
- Potential Penalties:
- Death Penalty: Rarely imposed and subject to moratorium in California since 2019.
- Life Without Parole (LWOP): Reserved for the most severe crimes, such as murder with aggravating factors.
- Fines: Up to $10,000.
A skilled Riverside felony crime attorney can work to reduce or eliminate these penalties, depending on the specifics of the case.
The Felony Criminal Process
The felony criminal process in California involves multiple stages. Each phase presents opportunities for a Riverside felony crime lawyer to intervene and fight for the best possible outcome.
- Arrest and Booking: Following an arrest, the accused is taken into custody and booked. This process involves recording personal information, fingerprinting, and photographing the individual.
- Initial Appearance and Arraignment: During the arraignment, the defendant is informed of the charges and enters a plea of guilty, not guilty, or no contest. This is also when bail may be set.
- Preliminary Hearing: The prosecution presents evidence to show probable cause that a crime occurred and that the defendant committed it. The judge decides whether the case should proceed to trial.
- Pretrial Motions and Plea Bargaining: A Riverside felony crime lawyer may file motions to suppress evidence, dismiss charges, or request a change of venue. Negotiations with the prosecution may also take place during this phase.
- Trial: If the case proceeds to trial, both sides present evidence and argue their case before a judge or jury. The prosecution must prove the defendant’s guilt beyond a reasonable doubt.
- Sentencing: If convicted, the court imposes a sentence based on the nature of the offense, aggravating factors, and any prior criminal history.
Defending Against Felony Charges
When facing felony charges, accused individuals have several defense options available. The first step should always be to consult with a skilled felony lawyer who can provide legal advice tailored to the specifics of the case. A strong defense may include challenging the legality of any search and seizure that led to the discovery of evidence, disputing the credibility of witnesses or the accuracy of forensic evidence, or arguing for a case of mistaken identity. In some situations, it may be possible to negotiate plea agreements that reduce charges and consequently, penalties.
Alternatively, if the case goes to trial, the defense can work to establish reasonable doubt about the accused's guilt among jurors. Remember, the burden of proof lies with the prosecution—it is their responsibility to prove the accused's guilt beyond a reasonable doubt. Adequate legal representation is crucial in navigating the complex legal system and advocating for the best possible outcome.
How Our Felony Defense Attorneys in Riverside Can Help
Our knowledge and experience can be of great benefit in a felony case, and we will do everything we can to work toward a favorable outcome, such as having the felony charge reduced to a misdemeanor.
Having a felony conviction on your record can affect your future as regards employment opportunities and housing. Professional licenses can also be cancelled, among other consequences. The quality of your representation can mean the difference between imprisonment and your freedom.
Not Guilty Verdicts & Dismissed Charges
We have achieved victories for past clients in even the most serious cases. Our legal team is ready to help you.
Contact our Riverside felony crimes lawyers at (951) 291-0105 now if you are facing felony charges, as these can result in severe punishment and other consequences.
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