Although many of us have had the occasional speeding or parking ticket, most of us have never had to defend ourselves against a criminal charge. Such an undertaking can be daunting, especially given the amount of state and local resources prosecutors may have at their disposal. In many situations, a good first step for those accused of a crime is to consult a qualified criminal lawyer.
If you are facing a criminal charge in California, contact a San Leandro criminal lawyer. An attorney who is familiar with different kinds of criminal cases could sit down with you to discuss your case and help you better understand your situation. Then, a lawyer could research your legal options and advise you on your best course of action. En Español.
Generally, California categorizes criminal offenses into the following three broad categories:
Felonies are the most serious type of crime, and include violent crimes that cause, or could cause, death or significant bodily injury. Other serious, property-related crimes such as burglary may also count as felonies. For example, under Cal. Pen. Code §460, any individual who breaks into a residence is guilty of first-degree burglary. Under Cal. Pen. Code §461, those convicted of first-degree burglary may face up to six years in state prison.
By contrast, misdemeanors usually involve less serious offenses. Potential punishments for misdemeanors generally do not include imprisonment in state prison. Rather, such punishments include smaller terms of imprisonment in county jail that may be coupled with a fine. For example, the punishment for a simple assault is a maximum of six months in county jail, a fine of $1,000 or less, or both, according to Cal. Pen. Code §241.
The least serious category of offenses is infractions. Those convicted of infractions are generally not imprisoned. They may be required to pay a fine or perform community service. Anyone who needs more information on a specific offense and possible punishments may benefit from calling a San Leandro criminal lawyer.
To prosecute an individual for a crime in California, prosecutors must generally bring charges within a specific amount of time after the crime was discovered. This limitations period varies depending on the specific crime at issue.
Under California Penal Code §799, prosecution for crimes such as murder, sexual assault, or other serious offenses that could result in life imprisonment may commence at any time after the offense. However, any crime that could result in a prison term of eight years or more has a six-year limitations period, according to Cal. Pen. Code §800. This means that prosecution must begin within six years after the discovery of a crime.
Any other offenses punishable by imprisonment in state prison must be prosecuted within three years, according to Cal. Pen. Code §801. Most misdemeanors must be prosecuted within one year after the offense was committed, as per Cal. Pen. Code §802.
Therefore, in certain cases, any delay or oversight from prosecutors on charging an individual with a crime may result in the inability to try that particular crime. A San Leandro criminal lawyer could provide additional information on the limitations period for specific criminal charges and how delay or inaction affects a criminal case.
Criminal charges, no matter how minor they may seem, can be overwhelming. Most people are not lawyers or legal experts and therefore may not know all the possible defenses for their case. More importantly, they may not have access to the resources they need to investigate their criminal charge and obtain evidence that might exonerate them.
A San Leandro criminal lawyer could provide you with the legal resources you need to help defend your rights to the fullest extent. An attorney could work with you throughout the process to help you easily navigate the criminal justice system. Call today to learn more.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
Schedule a meeting with our intake coordinator so we can determine the best plan to solve your legal problems.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
