Temecula Criminal Defense Attorney
Being charged with a crime can be devastating and life-changing, regardless if it is for a simple misdemeanor or a serious felony. This is why having a Temecula criminal defense lawyer on your side can be critical for securing your freedom or mitigating harsh consequences. An experienced lawyer can help negotiate on your behalf and protect your rights through every stage of the criminal process.
At the Law Offices of Schwartz & Godbey, we are committed to aggressively defending you in court no matter your charges. We believe that everyone deserves the right to representation regardless of the mistakes they made or the accusations against them. It is far better to have a seasoned attorney on your side rather than fighting criminal charges alone.
Criminal Cases We Litigate
While civil law primarily focuses on resolving conflicts or disputes, criminal law punishes crimes. Prosecutors often seek the harshest sentencing for defendants, so Temecula criminal defense lawyers mitigate penalties and negotiate fair sentencing or even dismissal. At the Law Offices of Schwartz & Godbey, we litigate a wide range of criminal cases, from misdemeanors to felonies.
Criminal Defense for Misdemeanors
Misdemeanors are crimes that come with significant consequences but are manageable for most individuals. While some defendants may serve jail time for their misdemeanor offense, most often the offender pays fines and/or serves probation time. It also should be noted that multiple misdemeanor convictions can lead to felony charges. In California, misdemeanors are classified based upon the severity of the offense, and some of the most common include the following:
- Petty theft
- Drug possession
- DUI
- Prostitution
- Vandalism
- Domestic violence
Criminal Defense for Felonies
Felonies are serious offenses that can result in severe injury to victims or even loss of life. Felonies in California are typically classified as either violent or serious. Generally, the minimum sentencing in California for a felony is 16 months in prison, while maximum sentencing can be life in prison. You may also have to pay fines and/or restitution in addition to jail time if found guilty of a felony. The most common felonies in California include the following:
- Murder
- Possession of dangerous drugs for sale
- Robbery
- Rape
The Three Strikes Law in California
While California does not classify felonies like many other states, it does abide by the three strikes law. This law increases the punishment for repeat felony offenders. Specifically, it doubles the sentencing for a second-time offender, no matter the felony, if they were previously convicted of a violent or serious crime. If this is their third felony conviction, an offender can receive a mandatory minimum sentence of 25 years to life.
The Criminal Process in Temecula, California
If you are charged with a crime in Temecula, it is important to act fast when considering legal defense. Anything you say or do can be used against you throughout the criminal process, so you want to ensure your rights are protected under the law. If you are charged with a crime, you can expect to go through these steps in California:
- Arraignment. During the arraignment, you are informed of your rights and the charges against you.
- Preliminary hearing. A hearing is held to establish probable cause, or to decide whether there is enough evidence to accuse you of a crime. In this step, you should have a lawyer defend you whether or not you choose to attend the hearing.
- Trial. If there is enough evidence to charge you with a crime, your case can go to trial. A jury may render a verdict.
- Sentencing. A court determines and imposes a punishment or penalty on a defendant who has been found guilty of a crime, based on the severity of the offense and applicable laws.
- Appeals process. If you and your lawyer are dissatisfied with the judgment or sentencing, you can appeal the decision to a higher court.
In Temecula, your arraignment will likely be held at the Temecula Courthouse, part of the Southwest Justice Center (30755-D Auld Road, Murrieta, CA 92563), and can include bail hearings and plea negotiations. If convicted, you could incur jail time at the Southwest Detention Center.
Strong Criminal Defenses
If you are charged with a crime in California, there are several defenses at your disposal, no matter the crime. At our firm we are ready to utilize several defenses to get your case dismissed, negotiate your charges, or reach a plea deal. While lack of intent is one of the most common criminal defenses, here are others that are commonly used in criminal cases:
- Lack of sufficient evidence. Criminal law requires a higher burden of proof than civil law, which means the evidence must often be beyond a reasonable doubt to be used in court. If this is not the case, your case may be dismissed or charges lessened.
- Self-defense. Some crimes are committed out of self-defense, such as assault or in some cases murder. If you had no other choice but to defend yourself, the judge may consider this in your case.
- Defense of others. A person may commit a crime in order to defend another person. For example, if you commit assault to prevent harm to someone you believed was in immediate danger, that defense could be used on your behalf.
- Necessity. There are certain situations where a crime is committed out of necessity. For example, someone threatens to harm you if you do not commit a robbery for them, or a person may threaten to blackmail you if you don’t commit a white-collar crime. In these situations, a judge may show leniency.
What to Look for in a Criminal Defense Lawyer
When choosing a criminal defense attorney, you will want to make sure they have experience with cases similar to yours. Clear communication and responsiveness to your concerns is a must. Ensure they are strategic and can offer you protection of your rights while offering you a fair evaluation of your situation.
Contact a Criminal Defense Lawyer Today
At the Law Offices of Schwartz & Godbey, we care deeply about our clients. We believe that each and every person accused of a crime deserves strong, compassionate, and experienced representation. We are ready to defend you. Contact us today to schedule a consultation.