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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