THE LAW OFFICES OF CHRISTOPHER S. HAMMATT

Criminal Defense

            Acts that violate the laws set forth by the government and state of California are considered criminal, which means that they are punishable by legal authority. Criminal laws are very strict, and they mandate severe penalties for violators. If convicted of a criminal offense, you could face punishments such as imprisonment, monetary fines, and harsh probation terms. Your criminal record will also be permanently damaged. Unfortunately, the problems do not stop after the legal process. Your criminal conviction can cause limitations to your housing, education, and employment opportunities well into the future. A felony conviction, such as felony DUI, grand theft, or carjacking, may even impact your ability to own a firearm or work in certain professions. A sex crime conviction will also result in mandatory sex offender registration for life, something that will forever impact your acceptance in society.

            In California, criminal offenses include, but are not limited to, drug crimes (possession, drug sales or distribution of narcotics), sex crimes (rape, child molestation, or sexual assault), and theft crimes (arson, burglary, or robbery). These may be classified according to the potential sentences that a judge may enforce upon a conviction. A misdemeanor is a crime punishable by up to 12 months in county jail and is a lesser offense than a felony, which is punishable by a minimum of 1 year in state prison. Serious felonies may be punishable by up to life imprisonment or even the death penalty in extreme cases.

            If you have been arrested in or around Riverside, your first step should be contacting an experienced criminal defense attorney. It is important to remember that you have the right to criminal defense counsel. Exercising this right early in the process - if possible before charges are even filed against you - can make a significant difference in the outcome of your case. You will have a legal professional actively protecting your Constitutional rights through every step of your case, challenging the District Attorney's case against you to seek the most advantageous outcome possible.

Why Hire an Attorney?
            When faced with misdemeanor or felony charges in Riverside, it is always best to hire an experienced criminal defense lawyer to represent you throughout the legal process.

            After you have been arrested, you will be taken into police custody where you will be booked on criminal charges. Your case file will then be sent to the District Attorney's Office, where the prosecution will review the charges and the police report. The District Attorney has the option of filing formal charges or dropping the case. If the District Attorney decides to file charges, it is imperative that you retain the legal counsel of an aggressive and experienced criminal defense lawyer like Gregory H. Comings. The District Attorney will have nearly unlimited money and resources at his or her disposal, which will make it very easy for him/her to prepare their case. You need to find an attorney who can level the playing field by providing you with an equally strong defense.

What Penalties Will I Face?
            Depending on the seriousness of your charges, you could be sentenced to a number of legal penalties upon conviction. Common penalties for a misdemeanor conviction include up to a year in jail, up to $1,000 in fines, community service, driver's license suspension, and probation. Naturally, the penalties for a felony crime are much harsher, and can include years in state or federal prison and thousands of dollars in fines.

I Was Arrested - Now What?
            A person may be arrested for an alleged crime virtually anytime, anywhere. Law enforcement may seek an arrest warrant from a judge based upon evidence that you have allegedly committed a crime, or an arrest may be made upon probable cause that you are currently in the act of committing a crime. Once arrested, you will need to consider what to do at this point. Should you contact a private Riverside criminal lawyer? Should you work with the Public Defender? There are different options to consider and different consequences of choosing one of these options.

            It is important to remember that you have many rights as an arrestee or defendant in a criminal case. When you're arrested, law enforcement should read you your Miranda rights, which essentially state that you have the right to remain silent and the right to legal counsel. Taking full advantage of these rights is one of the first things you should do. Don't talk to the police about what happened, even if you are trying to explain why you are innocent there are ways that your statements could be used against you later, in court. Instead, contact a criminal defense attorney as soon as possible. Having legal counsel present with you during any questioning can help ensure your rights are fully protected.

            Contacting an experienced criminal defense lawyer is one of the most important steps to take if you or someone you know has been accused of aggravated battery. At our Riverside law firm, we represent clients throughout this area in the face of serious criminal charges such as battery causing serious bodily injury. We can inform you of your legal rights and can begin working immediately to seek a positive result to your case.

Battery Causing Serious Bodily Injury
            Aggravated battery is best described as battery that causes serious bodily injury. Serious bodily injury may be defined as a serious impairment to a victim's physical condition. Loss of consciousness, bone fracture, concussion, serious disfigurement, loss or impairment of a limb, extremity or organ, or a wound that requires extensive stitching are all examples of what may be considered serious bodily injury.

            While simple battery may be charged for any offensive or unwanted physical contact, even when this does not cause the victim injury, aggravated battery is charged when the alleged victim is injured. Aggravated battery is a "wobbler" meaning it may be charged as a felony or a misdemeanor depending on the particular circumstances of the case. If battery causing serious bodily injury is charged as a misdemeanor, a defendant in Riverside may face up to 12 months in county jail and a fine of up to $1,000. If aggravated battery is charged as a felony, a defendant may face 2, 3 or 4 years in prison and a fine of up to $10,000. Enhanced penalties may apply if the defendant has prior battery convictions or if the offense is committed against a peace officer.

Are You Interested in Filing for an Appeal?
            It is a sad truth that not every criminal case goes the way that one would like. Whether by faulty police work or other legal mistakes, sometimes the innocent are slapped with convictions and punishments that they do not deserve. This, however, does not have to be permanent. For many situations, there is always the route of appeals, and if you contact an experienced Riverside appeals attorney, you can evaluate your case and decide whether or not you are eligible for such a route of action.

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