Facing criminal charges is scary, and you should never face them alone or with an inferior defender. Whether you face misdemeanor or felony charges in Encino, a conviction can bring serious and long-lasting consequences. At the Simmrin Law Group, we believe any person charged with a crime is entitled to a zealous, superior-quality defense.
It is essential that you have a strong legal expert who will fight to have those charges to have their consequences reduced or dismissed. If you have been charged with a crime, contact an Encino criminal defense lawyer from the Simmrin Law Group immediately.
What to Do After Your Arrest
When you are arrested for an alleged crime, the arresting officers must read you your Miranda Rights. One of those rights is “the right to remain silent.” Asserting this right is of utmost importance, as anything you say to authorities can be used against you. Too often, arrestees answer questions and provide information, thinking they are helping their case. They learn during their trial that the prosecution uses those words to attack their innocence.
While you are going through the booking process, officers will collect your identifying information, take your fingerprints and mugshot, and secure your personal belongings. They will then assign you to a holding cell. Throughout this process, you should maintain your right to remain silent.
Call an Encino Criminal Defense Attorney
California Penal Code 851.5 entitles arrestees to three phone calls following the completion of the booking process. Law enforcement officials must provide access to these phone calls within three hours of your arrest. The police department will record the call, so be mindful of what you say.
Once again, assert your rights, and use your phone call to contact a criminal defense attorney in Encino. By securing legal representation promptly, you give yourself the best opportunity for a favorable outcome.
Types of Criminal Charges
There are different levels of criminal charges: misdemeanor, felony, and wobbler. An infraction is another charge, but infractions are minor unlawful actions that are not considered actual crimes. They do not lead to jail time, probation, or appear on a criminal record.
Misdemeanor Charges
Misdemeanors are less serious crimes. Though the consequences are far less severe than those following a felony conviction, they still carry significant repercussions. Misdemeanors are categorized as either standard or gross offenses.
Standard misdemeanors bring the following potential penalties:
- A jail sentence of up to six months
- Fines of up to $1000
- Probation
Examples of standard misdemeanors include drug possession, indecent exposure, and shoplifting. Gross (sometimes called “aggravated”) misdemeanors carry the following potential penalties:
- A jail sentence of no more than 364 days
- Maximum fines of $1000
- Probation
Examples of aggravated misdemeanors include domestic battery, driving on a suspended license, and violating a restraining order. There are a few California misdemeanors, such as assaulting a health care provider, that incur fines of up to $2000.
Felony Charges
Felony crimes are more severe than misdemeanors. In California, felonies are crimes that can bring penalties, including:
- A prison sentence of more than one year.
- Fines of up to $10,000
- Felony probation
- A “strike” under the California three-strikes sentencing law.
- Revocation of professional licenses
- Loss of the right to own a firearm
With representation from a criminal defense lawyer in Encino, arrestees can often have felony charges reduced. For some crimes, called “straight” felonies, charges cannot be reduced, and the penalties are severe. Straight felonies include murder, rape, and first-degree burglary. The most serious straight felonies, such as murder, can result in life in prison or even a death sentence.
Wobbler Charges
Wobblers are crimes that can bring felony or misdemeanor charges. How they are charged is up to the prosecution, who will consider a variety of factors, including:
- The defendant’s criminal history
- The circumstances of the alleged crime
- The extent of the damage or injury caused
- How strong the prosecution’s case is
- How cooperative the defendant is
Examples of wobbler offenses include assault with a deadly weapon, forgery, stalking, and carrying a loaded firearm in public.
Your skilled Encino criminal defense attorney from Simmrin Law Group is equipped with strong negotiating skills and expert knowledge of criminal law. They will fight to ensure your alleged wobbler crime is charged as a misdemeanor to secure the lowest penalty.
Probation
When probation is given as the punishment for misdemeanor crimes, it is referred to as “summary” or “informal” probation. Typically, summary probation lasts one year, unless California criminal code specifies a different timeframe. Felony probation can include up to a year in jail but does not have to. In typical scenarios, felony probation lasts two to three years.
Other than having charges dismissed altogether, a probation penalty is the best outcome and is what your criminal defense lawyer in Encino will fight to secure. Convicted defendants who are given probation must comply with all probation conditions or risk serving the rest of their sentences in custody.
An Encino Criminal Defense Attorney Offers Protection and Strength
The prosecution’s goal is to secure your conviction. You need an advocate with the goal of defending you against the prosecution’s claims. You can count on your Encino criminal defense attorney to:
- Make sure you are treated fairly, and that your rights are upheld by the prosecution and criminal justice system
- Expose weaknesses and inconsistencies in the prosecution’s case
- Find and present substantial evidence to support your defense and prove your innocence
- Offer mitigating factors to lessen your appearance of guilt
- Communicate with you through every phase of your trial
- Present you with all your legal options and offer sound advice
Simmrin Law Group Is on Your Side
If you have been charged with a crime, you probably fear for your future, your job, your finances, and possibly your freedom. You may feel overwhelmed and cannot see a way through the situation.
At Simmrin Law Group, we understand your worries. We are ready to help you move forward. Contact us today to talk to a skilled Encino criminal defense attorney for a free case evaluation. We are ready to offer you the vigorous, exceptional-quality defense you deserve.