Corona Criminal Defense Attorney

Facing criminal charges does not mean all is lost for you or your loved one. The California legal system affords all people suspected of a crime the presumption of innocence and the right to due process. Having the support of a Corona criminal defense lawyer is the key to fighting criminal charges, as they can achieve the most ideal result in court.

With three decades of criminal defense practice in Corona, CA, and its surrounding communities, the Law Offices of Schwartz & Godbey is equipped to handle a variety of criminal cases. Our law firm can provide an aggressive defense that challenges criminal charges, protects our clients’ rights, and ensures a fair judicial process.

Types of Criminal Cases in California

As a full-service criminal defense law firm, the Law Offices of Schwartz & Godbey offer legal representation for clients facing different types of crimes.

Under California’s Penal Code, violations of the law can be termed as infractions, misdemeanors, and felonies. This categorization allows offenses to be punished in accordance with their severity: infractions are typically the least serious, felonies the most serious, and misdemeanors are somewhere in between.

Infractions include:

• Driving violations, like speeding and making an illegal U-turn
• Littering
• Boating violations
• Noise violations

These can be typically handled without the assistance of an attorney.

The following are some of the more serious offenses that are typically charged as misdemeanors or felonies, and these should thus be handled by a seasoned criminal defense attorney:

Assault and Battery

The crime of assault is the attempt to harm or cause injury to someone while having the means to do so. Battery occurs when actual physical harm is caused to a person. Depending on the victim and the type of weapon used, assault and battery may be charged as a misdemeanor or a felony.

Domestic violence incidents in California may include assault and battery.

White Collar Crimes

White collar crimes include money laundering, major fraud, theft (including identity theft), and embezzlement, among others. They are considered serious crimes, and many are typically charged as felonies in California.

Due to the nature of these crimes, they may be investigated and prosecuted at the federal level.

Internet Crimes

Internet crimes often intertwine with white collar crimes, and this is a constantly developing area of the law. A person who willfully and unlawfully participates in internet fraud, scams, or schemes, as well as acts like cyberstalking or cyber-extortion, may be culpable of an internet crime.

Computer crimes, such as tampering with or damaging computer data or systems, can lead to misdemeanor or felony charges.

DUIs

Driving under the influence of alcohol, drugs, or a combination of both may lead to a DUI arrest and charge. Law enforcement may request a breathalyzer or chemical test following a lawful stop, and a refusal may lead to additional legal consequences.

DUIs are typically charged as misdemeanors when they are first-time offenses, but they may lead to felony charges for:

• Multiple offenses in a specified time period.
• Situations where the actions of the person driving under the influence lead to serious bodily harm.

Drug Crimes

Drug crimes are complex. A person can be charged with different kinds of drug crimes in California; for example, possession, possession with intent to sell, possession of drug paraphernalia, and drug trafficking.

The types and amounts of a drug may influence the level and type of charge.  The use of recreational cannabis is allowed in California, but there are limits to the amounts allowed in possession, cultivation, and transportation.

Sex Crimes

An accusation of a sex crime can carry serious penalties. Most sex crimes are felonies, which carry strict penalties in California. Therefore, it is critical to employ an adequate defense that is fair to all parties involved.

Sex crimes include:

• Rape
• Sexual assault
• Sexual exploitation of a minor
• Indecent exposure
• Lewd and lascivious acts

Possession of child pornography and prostitution are also categorized as sex crimes.

Homicide

California defines murder as the illegal killing of a fetus or human being while acting with malice beforehand. Homicide may be charged as a first-degree felony if it involves a firearm or occurs during the commission of another crime.  It is also considered first-degree murder if there are additional aggravating circumstances, like premeditated intent or being motivated by discriminatory hate.

Understanding Criminal Charges

The type of charge levied for the above offenses may be a misdemeanor or a felony charge, depending on the details of the crime, like the age of the suspect, the age of the victims, and the suspect’s criminal record, among other factors. Some infractions can also be charged as misdemeanors, depending on the facts of the case.

Our understanding and definition of crime in California and the United States are constantly evolving. The legal support of a diligent criminal defense team is key to securing the most favorable outcome possible. A skilled attorney can provide a defense supported by legal standards and informed by a strong understanding of continuous legal changes.

The Criminal Defense Process Explained

Once authorities are made aware of a crime, they must investigate it. If the evidence obtained points to a possible suspect, the district attorney may levy charges against the suspect. The legal process will proceed as follows:

• Arresting the Suspect: If there is enough probable cause, a law enforcement officer may arrest a suspect on the spot, or they may request a warrant from a judge to arrest the suspect once enough evidence is found.  It is strongly advised that you contact a criminal defense attorney before speaking with law enforcement upon your arrest.
• Appearance in an Arraignment: During an arraignment, a prosecutor should present charges in front of a superior court judge. A defendant or their attorney may enter a plea, and the judge may or may not issue bail.
• Pretrial Process: The investigation may continue, and both sides should be provided with all available evidence through discovery. There may be a preliminary hearing scheduled to determine whether a trial should proceed. A criminal defense attorney may enter a motion to dismiss all charges. Both sides may participate in a plea bargain, potentially leading to a plea deal.
• Trial: If a plea deal has not been reached and charges are not dropped, a case may proceed to trial. An adept lawyer can present a robust legal defense through evidence and questioning witnesses to cast reasonable doubt on a client’s guilt. In most cases, a jury may return a guilty or not guilty verdict, or the trial is dismissed if they are unable to reach a verdict.
• Post-Trial: Depending on the results of the trial, a judgment may be issued during a sentencing hearing, providing the details of the penalties the convicted person must face. The defense team can begin the appeals process to challenge the verdict.

For a defendant who is found not guilty, a skilled defense attorney may assist in wrapping up the case, making sure no other charges may be pending.

Potential Penalties for Crimes in California

Whether a defendant pleads guilty or is found guilty in a California court following a trial, the type and length of the sentence are determined by the level of the crime – whether it was a misdemeanor, a felony, or an infraction.

A misdemeanor conviction can translate to a jail sentence of up to 364 days and up to $1000 in fines.

The punishment for a felony is usually a longer jail sentence, up to life without parole (LWP) for crimes like murder. On very specific occasions, a judge may issue a capital punishment sentence for a murder conviction.

The final sentence length and fine amounts are issued by a superior court judge, who should hand down a judgment based on sentencing guidelines, which specify the sentence ranges for each charge, and aggravating and mitigating factors. A convicted person may or may not be eligible for parole based on the sentence.

Time in jail or prison and fines are the major penalties for crimes in California. However, there are other consequences of an arrest or conviction:

• License suspension in cases of DUI
• Registering as a sex offender for sex crimes
• Limits to your Second Amendment rights
• Suspension of voting rights while serving a sentence
• Loss of child custody

Having a criminal record can also impact your life long after serving a sentence.

Role of a Corona Criminal Defense Lawyer

The criminal justice system is complex, and the way courts handle cases across the state can vary slightly. Having a supportive Corona criminal defense lawyer representing you in your criminal defense case is imperative to achieving the most optimal result.

The role of a criminal defense attorney is not to prove you innocent. Rather, they must only cast doubt on the prosecution’s case, as the prosecution has the burden of proof. They can achieve this by presenting exculpatory evidence and challenging inculpatory evidence during a criminal trial.

If the defendant is facing overwhelming evidence of their guilt, their attorney can still try to minimize the consequences of the crime. They also assist in negotiating the most advantageous plea deal possible if a plea bargain is the most adequate resolution to a case.

A knowledgeable and effective attorney who has worked with clients in the Corona community can successfully handle court matters through their understanding of local court procedures, schedules, and previous handling of cases in front of Corona courthouse judges and staff.

The ability to effectively handle these aspects of a case can give a defendant an advantage in court, alongside a vigorous defense strategy if needed.

Some potential defense strategies a criminal defense attorney can employ may involve proving:

• Self-defense
• Lack of willful intent or negligence
• Unlawful search
• Lack of probable cause for an arrest or detention
• Innocence based on an alibi
• Entrapment
• Mitigating circumstances
• Prosecutorial overcharging

Beyond the trial, it is important to have a knowledgeable criminal defense lawyer who can present motions and document appealable issues throughout the pre-trial and trial process. They can also advocate for a lesser sentence in the penalty phase of a case. After an individual completes their sentence or has their charges dismissed, an attorney can assist them with the expungement or restriction of their criminal record.

Everyone deserves a fair chance throughout a criminal case. Hiring a criminal defense attorney with years of practice is strongly recommended to have the greatest chance of success in court.

FAQs

Q: How Much Does a Criminal Lawyer Cost in California?

A: How much a criminal lawyer costs in California depends on different variables. An attorney’s fees vary according to the years of practice they have and their previous criminal defense work. The city where the attorney practices may also factor in. Complex cases may translate to a longer process and, thus, may lead to higher attorney fees.

Q: How Long Can a Criminal Case Stay Open in California?

A: How long a criminal case can stay open in California depends on the type of crime. The timelines for criminal cases in California are governed by their statutes of limitations. California Penal Code 799 outlines the timeframe within which crimes should be prosecuted, with most misdemeanors having a statute of limitation of two years and most felonies three years. There is no statute of limitations for murder.

Q: What Crimes Are Eligible for Expungement in California?

A:  Crimes that are eligible for expungement in California include many misdemeanors and certain less serious felonies. An individual must complete their probation and have no existing charges or other pending probations. Charges may also be expunged upon request if the defendant was found not guilty or the case against them was dismissed.

Q: What Crimes Fall Under the Three Strikes Law?

A:  The crimes that fall under California’s Three Strikes law include violent crimes like murder, sex offenses, and armed robbery. It also includes serious felonies, such as burglary with intent to commit robbery or rape. The Three Strikes law leads to a sentence that may include life in prison for individuals who are charged with a third or subsequent violent or serious crime.

Get the Support of a Trusted Corona Criminal Defense Lawyer

If you’ve been charged with a crime, you need the compassionate and committed legal support of a seasoned Corona criminal defense lawyer. The team at the Law Offices of Schwartz & Godbey is qualified to handle both misdemeanor and felony cases, having defended clients for decades in criminal court. We can work to prepare a staunch legal defense strategy for your case.

Schedule a consultation to learn more about how we can help.