At The Nieves Law Firm, APC, we defend people facing violent crime charges across Fremont and Alameda County, including cases at the Fremont Hall of Justice and the Oakland courthouses.

Since 2012, our focus has been criminal defense for people who have too much to lose: their freedom, their reputation, their job, and their family..

According to the California Department of Justice’s Crime in California report, Alameda County reported 4,810 violent crimes, a rate of about 444 per 100,000 residents, so these cases move through our local courts every day.

A violent crime charge covers offenses like assault, domestic violence, and weapons-related charges. A misdemeanor usually carries local jail time or probation, while a felony can lead to state prison. 

We build cases carefully and stay ready to fight for you in court, because prosecutors approach negotiations differently when they know an attorney is prepared for trial. Consultations are private and protected, we can coordinate interpreters when needed, and we work with families to make strong representation possible.

What Is the Difference Between Assault and Battery Under California Law?

Under California law, assault and battery are separate offenses. Under California Penal Code sections 240 and 242, assault and battery are separate offenses. Assault (PC 240) is an unlawful attempt, combined with the present ability, to commit a violent injury on another person. Battery (PC 242) involves the willful and unlawful use of force or violence against another person. 

For assault physical contact does not have to occur. A verbal threat alone is generally not enough unless it is accompanied by conduct showing an immediate ability to carry it out.

Battery involves the willful and unlawful use of force or violence against another person. The contact does not have to cause a visible injury; even unwanted or offensive physical contact may support a battery charge. 

Basic assault and battery are generally misdemeanors punishable by up to six months in county jail, although enhanced charges may apply based on the alleged injuries, use of a weapon, or identity of the alleged victim.

Our Violent Crime Defense Services in Fremont

Where We Serve in Fremont

  • Centerville
  • Irvington
  • Mission San Jose
  • Niles
  • Warm Springs
  • Ardenwood
  • Cabrillo
  • South Fremont
  • Union City
  • Newark
  • Hayward
  • San Leandro
  • Milpitas
  • Pleasanton
  • Castro Valley

Why Choose The Nieves Law Firm for Violent Crimes Defense in Fremont

Criminal defense is all we do

We are not a general practice firm that handles violent charges on the side. Criminal defense is our sole focus, and since 2012 we have built real familiarity with Alameda County courts, including the Fremont Hall of Justice and Oakland courthouse venues.

We understand what a conviction does to immigration status

A violent conviction can affect green cards, residency, naturalization, and visa renewals. We factor immigration consequences into defense strategy from the start, so the person charged is not defended in one area while losing ground in another.

Trial readiness that changes how prosecutors negotiate

Prosecutors treat cases differently when they know an attorney is prepared to go to trial, not just settle. Depending on the offense charged and the circumstances, firearm-use enhancements under Penal Code sections 12022.5 and 12022.53 may significantly increase potential prison exposure, including additional terms of 3, 4, 10, 20 years, or even 25 years to life in certain cases..

Discretion your family can count on

Consultations are protected by attorney-client privilege. Communications made during a confidential consultation for the purpose of seeking legal advice are generally protected by the attorney-client privilege, , and we understand that family and community reputation matter as much as the case itself.

Communication and multilingual access

You stay informed at every step. We serve English and Spanish-speaking clients and coordinate interpreter access so the person charged can be understood fully.

Can a Violent Crime Charge Be Reduced or Dismissed in California?

A violent crime charge may sometimes be reduced to a less serious offense or dismissed, but the outcome depends on the charge, available evidence, alleged injuries, witness credibility, and whether law enforcement followed proper procedures. 

Some California “wobbler” offenses may be reduced from felonies to misdemeanors by the prosecutor or court.

Dismissal may be possible when the prosecution lacks sufficient evidence, probable cause is missing, important evidence is excluded, or required deadlines are violated. 

A defense attorney can examine police reports, witness accounts, surveillance footage, medical evidence, and the circumstances of the arrest to identify weaknesses in the prosecution’s case.

About The Nieves Law Firm, APC

The Nieves Law Firm was founded in 2012 to defend people who have too much to lose, including their freedom, their immigration status, their career, and their family’s standing in the community. Criminal defense is all this firm does.

According to the State Bar of California, fewer than 4% of licensed California attorneys hold a specialized certification in criminal law, which shows how much skill violent crimes defense demands.

Founding attorney Jo-Anna Nieves is trusted for her legal insight by national outlets including ABC News, Court TV, Forbes, and Nancy Grace Crime Stories.

The firm serves the Bay Area and Sacramento. You stay informed, prepared, and able to reach your attorney. Support is available in English and Spanish, and your family is kept in the loop throughout the case.

Our Process for Fremont Families

1. Confidential Case Evaluation

We start with a confidential  conversation. We learn the charges, the facts, and what is truly at stake for your family, including immigration concerns and interpreter needs for Punjabi, Hindi, Arabic, or Spanish speakers.

2. Early Case Investigation

We gather evidence quickly: police reports, witness accounts, surveillance footage, and forensic findings. Early work often reveals weaknesses in the case before it hardens.

3. Pre-Filing Strategy

When possible, we engage the district attorney before charges are formally filed. Early intervention may persuade prosecutors to reduce charges or decline filing altogether..

4. Motion Practice

We file motions to suppress improper evidence, dismiss weak charges, and challenge enhancements that increase penalties.

5. Negotiation From Trial Readiness

Prosecutors negotiate differently when they know we are ready to try the case in court, whether at Fremont Hall of Justice or an Oakland courthouse.

6. Trial Representation

If trial is needed, we handle jury selection, cross-examination, and building your family member’s defense.

7. Sentencing Mitigation

If there is a conviction, we fight for reduced consequences, always mindful of immigration impact.

8. Post-Conviction Options

We review eligibility for expungement (dismissal under Penal Code section 1203.4), record sealing when available, and motions to vacate..

Frequently Asked Questions About Violent Crime Charges 

What happens to my family member’s immigration status if they are convicted of a violent crime in California?

A violent crime conviction can result in serious immigration consequences. Immigration consequences depend on the specific offense, the sentence imposed, immigration status, and federal immigration law. Some offenses may constitute aggravated felonies or crimes involving moral turpitude, while others may not.

Will a violent felony conviction count as a strike under California’s Three Strikes Law?

Certain violent and serious felonies count as strikes in California under California’s Three Strikes Law (Penal Code sections 667(b)-(j) and 1170.12.A first strike increases penalties, and future convictions can lead to much longer sentences, sometimes doubling prison time.

Will the case be heard at Fremont Hall of Justice or in an Oakland courthouse?

It depends on where the arrest happened and how Alameda County routes the case. Many Fremont-area matters begin at the Fremont Hall of Justice, but felony cases can move to Oakland courthouses as they progress.

Can my family member claim self-defense if they were protecting someone else during a fight?

Yes. California law allows defense of another person, not just yourself, when there is a reasonable belief that someone was in danger of harm. The force used must be no more than reasonably necessary under the circumstances..

What should we do immediately after a family member is arrested for a violent crime in Fremont?

The most important step is that the person charged stops talking to police and asks for a lawyer. Anything said can be used against them, even words meant to explain or apologize.

How does the Alameda County District Attorney decide whether to charge a case as a felony or a misdemeanor?

Prosecutors look at the severity of the injuries, whether a weapon was involved, prior record, and the overall circumstances. Some charges are wobblers, meaning they can be filed either way.

Can a violent crime conviction affect a professional license or job?

Yes. A conviction can put professional licenses, current jobs, and future employment at risk, especially in fields that require background checks.

Do you offer interpreters and consultations outside normal work hours?

Yes. The firm coordinates language access so the person charged and the family can fully understand what is happening.

What Fremont Clients Say About The Nieves Law Firm

“They took the time to clearly explain every step of the legal process.” Conan L.

For a family facing a serious charge for the first time, clear explanation at every step turns fear into understanding.

“Grace was the victorious attorney who appeared in court for me… fully prepared and completely in control of the narrative.” Ms. Espinoza

Preparation and command of the courtroom matter most when a family member’s freedom and future are on the line.

“He truly cares about people, not just cases.” Channing W.

This reflects how the firm treats clients as people, not case numbers, during one of the hardest moments of their lives.

“They set realistic expectations and followed through on everything they said.” Conan L.

Honest guidance and follow-through build the trust a family needs before committing to private representation.

“Peace of mind is priceless, and they restored mine.” Ms. Espinoza

When a case threatens everything a family has built, steady support and clear communication bring real relief.

Local Resources for Violent Crime Cases in Fremont and Alameda County

  • Fremont Hall of Justice
    The superior court facility where felony and misdemeanor criminal cases are heard for the southern Alameda County area.
  • Alameda County Superior Court
    The county-level trial court system handling all criminal proceedings across Alameda County.
  • Fremont Police Department
    The primary municipal law enforcement agency responsible for arrests and investigations within city limits.
  • Alameda County Sheriff’s Office
    Operates the county jail system and provides law enforcement services in unincorporated areas.
  • Santa Rita Jail
    The main Alameda County detention facility in Dublin where most county arrestees are held pending trial.
  • Alameda County District Attorney’s Office
    The prosecutorial agency that reviews, charges, and litigates criminal cases on behalf of the state.
  • Alameda County Public Defender’s Office
    Government office providing court-appointed legal defense to qualifying indigent defendants.
  • Alameda County Probation Department
    Supervises individuals on probation and prepares sentencing reports reviewed by judges.
  • California Department of Justice, Bureau of Criminal Information
    State agency maintaining criminal history records and background check information.
  • Victim-Witness Assistance Program, Alameda County
    County program offering support services and guidance to crime victims navigating the court process.
  • Alameda County Behavioral Health Care Services
    Provides mental health and substance abuse treatment often referenced in diversion or sentencing hearings.

Facing Violent Crime Charges in Fremont? Talk to a Defense Attorney Today

The Nieves Law Firm, APC handles cases in Alameda County courts, including the Fremont Hall of Justice and the Oakland courthouses. We understand how a violent conviction can affect immigration status, and we build defense strategies with that in mind from the start.

Your first conversation with us is confidential and protected by attorney-client privilege. With offices in Oakland, Fremont, San Jose, Stockton, Fairfield, and Sacramento, we work with families to make private representation manageable

Call us to talk it through. It costs nothing, commits you to nothing, and gives your family the clear answers you need to decide what comes next.

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