Reseda Criminal Defense Lawyer

Reseda Criminal Defense Attorney

A Reseda criminal defense lawyer may be a much-needed resource if you have been accused of or charged with a criminal offense. This is a serious situation to be in and can cause substantial mental, emotional, and physical stress. You may not fully understand the severity of the charges you are up against, and you may not know the legal defenses available to you. You should engage a law firm that can support you as soon as possible.

Types of Cases We Can Help With

Our firm has over twenty years of legal experience, and we can handle a wide variety of legal cases. We provide comprehensive legal advice, defense, and representation needed to help you through the court system. Our approach is to create tailored legal defenses for you against the specific crime you are facing and the details surrounding it. Drug crimes, sex crimes, and violent crimes are a few of the many criminal cases we can assist with.

Drug Crimes

The penalties for drug possession in California can be serious. If caught with possession of a controlled substance, you could face up to life in prison and substantial fines. The penalties vary depending on the amount and type of substance. Under the California Health and Safety Code, it can be a felony offense to possess certain amounts of controlled substances such as heroin or cocaine, especially if you have the intent to sell them.

In most cases, for the prosecution to prove intent to sell, they must prove that:

• You had unlawful possession of the substance.
• You knew of the nature of the substance.
• You had enough to sell for use.
• You had it with the specific intent to sell or distribute.

It is also illegal to sell, administer, give away, furnish, or transport a controlled substance in or out of the state of California. The potential penalties could be increased if aggravating factors could be proven. For example:

• If large quantities of drugs were found, the court could increase the sentencing.
• If you have prior drug convictions, you could face additional time in prison.
• If the crime happened near a homeless shelter or drug treatment facility, you may face additional time.

Potential Defenses to Drug Crimes

If you are facing drug charges, you need to contact a defense attorney immediately. A lawyer can help develop a legal defense for you. Depending on the circumstances in your case, one of the following legal defenses may be applicable to you.

• Unlawful search and seizure. If the substances were obtained through an illegal search or seizure, or your constitutional rights were violated, it could invalidate the evidence, dismissing your case.
• Entrapment. If you were persuaded or induced by law enforcement officers to commit the offense, you may be able to use this defense.
• Prescribed medication. Having a prescription for the substances could qualify as a valid defense.
• Lack of knowledge. If you can prove you didn’t have control over the location of the substances or were unaware of their presence, it could reduce your charges.

Sex Crimes

With the social stigma attached to sex crime offenses, a conviction could severely change your life forever. Any education pursuits you had, professional or personal relationships, and your reputation could all be compromised. People generally assume the worst when they hear of someone facing sex crime allegations. In these cases, the most important factors to examine are consent, character, and credibility. Before any judgment is made, these factors must be reviewed.

Some common crimes include:

• Child pornography: Under California Penal Code 311.11 and federal 18 U.S.C. 2252, possession, production, and distribution of child pornography is prohibited. This could either be a felony or misdemeanor, depending on the circumstances. Factors such as the number of images, the specific acts depicted in the images, any prior convictions for similar offenses, and sex offender registration status will be considered when determining a felony versus a misdemeanor.A misdemeanor conviction can result in one year in jail, $2,500 fine, and sex offender registration. A felony conviction could result in up to 6 years in prison, a $2,500 fine, and sex offender registration.
• Rape: Any forcible sexual intercourse with an unwilling participant is illegal. If an individual cannot consent because they are intoxicated, unconscious, or mentally incapacitated, it is considered rape. There are several subcategories of rape based on the specific circumstances, and the penalties can vary.
• Lewd conduct: This is a broad term that can encompass many different sexual acts. Personally engaging or soliciting others to engage in these acts would be illegal. Lewd conduct is normally charged as a misdemeanor offense and carries time in prison. You could also be required to register as a sex offender.
• Sexual assault: Sexual assault or battery happens whenever someone touches another person’s intimate parts against their will. Intimate part can refer to someone’s sexual organ, anus, buttocks, or groin as defined under California Penal Code 243. These can be either a felony or misdemeanor, with felonies carrying up to four years in prison and a $10,000 fine. Misdemeanors can carry up to one year in prison and a $3,000 fine. For guidance on such matters, consult a Reseda assault & battery attorney.
• Prostitution: It is illegal to accept payment in exchange for a sexual act in California. Other illegal activities related to prostitution are loitering and pimping. It is illegal to accept money earned from prostitution, loiter in a public area for prostitution purposes, or solicit acts of prostitution on behalf of someone else.

Potential Defenses to Sex Crimes

Some common defenses for those accused of a sexual crime include:

• Mistaken identity: If the defendant can prove they were misidentified it could dismiss the case. If the identity of the perpetrator is in question, the defense could provide evidence demonstrating the defendant was somewhere else during the time of the crime. Also, DNA evidence can be a compelling defense in this regard.
• Consent: If the defendant believes the accuser consented to the sexual acts or conduct, a legal defense may be created around that. Establishing consent can be challenging from a legal perspective. Rarely are there witnesses.

It is often the defendant’s word against the accuser’s word. Indirect evidence, such as the accuser’s actions before and after the incident, the relationship between the defendant and accuser, and the nature of the accuser’s past, could all be used to build a strong defense.

Violent Crimes

Violent crimes can include everything from murder to armed robbery. California Penal Code 667.5 lists 23 different categories of violent felony crimes in the state. A violent felony designation is significant because it counts under California’s three-strikes rule. Examples of violent crimes include:

• Manslaughter: This can be voluntary or involuntary. Voluntary manslaughter happens when there is a dispute or quarrel, and someone is killed. It is a heat-of-the-moment type of situation. There usually isn’t any malice, revenge, or hatred behind the motivations of the killer. Involuntary is the loss of life due to the recklessness or negligence of someone else, such as someone driving under the influence.
• Murder: First-degree murder can carry a prison sentence of 25 years to life. It is the deliberate and premeditated killing of another person. If the murder was not premeditated, it may fall under second-degree murder with 15 years to life in prison.
• Kidnapping: This offense often happens when parents are having custody disputes over their children. Using force, fear, or not having the consent of the parent’s legal guardian can lead to a kidnapping charge.
• Robbery: Robbery in California is defined as the felonious taking of someone’s personal property against their will by means of fear or force. It can be separated into two degrees. First-degree robbery involves the use of a deadly weapon such as a knife, firearm, or other instrument capable of death. Second-degree robbery does not involve a deadly weapon and typically does not have aggravating factors.
• Arson: Willfully or maliciously setting a property, structure, or land to burn is illegal and could lead to an arson charge. Penalties can vary depending on the type of structure and the damage done, but they can include substantial prison time and fines.

Given the complexities of these charges, a Reseda violent crimes attorney can help clarify potential defenses and the implications of each violent crime classification in California.

How a Criminal Defense Lawyer Can Help

A criminal defense lawyer can help you in several ways. A lawyer can start by thoroughly investigating your case. They can visit the scene of the crime, interview key witnesses, review police reports and other relevant documentation, and examine evidence. While law enforcement and the prosecutor will analyze evidence by means of convicting you, a lawyer will review from the perspective of defending you, with an eye toward holes in the evidence or gaps in proof.

A lawyer can also analyze the conduct of law enforcement to ensure your constitutional rights are not violated. If so, a formal or written request could be brought before the judge to throw out any evidence that was unlawfully obtained. If your case proceeds to trial, a lawyer can represent you before the court. They can object to improper evidence and testimonies, cross-examine witnesses, and present your legal defense before the jury.

Communicating the status of your trial, providing legal advice along the way, and ensuring all legal documentation and paperwork is appropriately filed are a few of the other services a criminal defense lawyer can provide for you during this stressful time. Whether you have been accused of fraud, a sex crime, or a violent crime, you need a defense lawyer on your side. They can help develop a fraud defense, sex crime defense, or defense against violent crime charges.

Qualities for a Good Criminal Defense Lawyer

Just because someone graduated from law school does not necessarily make them a good criminal defense lawyer or ensure that they are the right lawyer for you. When deciding on a lawyer in Reseda, there are certain key characteristics you should look for. One is communication. You want a lawyer who can effectively and efficiently communicate. Lawyers are responsible for communicating with their clients, the court, and the opposing party.

You also want a lawyer who is well-prepared and pays great attention to detail. When it comes to legal cases, the details can make a difference in an innocent or guilty verdict. A lawyer who is well-prepared for every potential scenario and pays close attention to detail will be well-positioned to help you get the justice you deserve. Additionally, negotiating skills are prudent for a lawyer to have. Negotiating with opposing counsel is a necessary aspect of every legal case.

Finally, a good lawyer should have respect and discretion for their clients. You need a lawyer with a good reputation and one you can trust. A lawyer is responsible for protecting your interests and keeping your communications and situation private. Not only is it the ethical rule of attorney-client privilege, but it is the foundation of a successful relationship.

Good Questions to Ask a Criminal Defense Lawyer

When deciding on a lawyer, it can be a good idea to have a list of questions to ask them. Some good questions to ask your lawyer are:

• How will you keep me updated regarding my case?
• What is your preferred style of communication?
• What work will you do on my case?
• Have you dealt with similar cases to mine before? If so, how did it go?
• Do you expect my case to go to trial?

FAQs About Reseda, CA Criminal Defense Law

What Legal Rights Do I Have If I am Arrested for a Criminal Offense in California?

If you are arrested for a criminal offense in California, you must be read your Miranda rights, you have the right to remain silent, and the right to an attorney. Remember that anything you say can and will be used against you in court. If you are pressured to talk to law enforcement, it could be a violation of your rights. Any violation of your rights during arrest could seriously affect your case. It is important to get an attorney involved as soon as possible.

What Is the Difference Between a Felony and a Misdemeanor in California?

The difference between a felony and a misdemeanor in California is that felonies are much more serious and come with more severe penalties. Examples of felonies include rape, murder, or robbery, and they can be punishable with several years of imprisonment and substantial fines. Examples of misdemeanors include disorderly conduct, petty theft, and driving under the influence. They can be punishable with imprisonment and fines, although less severe than felonies. No matter what level of charges you are facing, you need a defense attorney.

When Should I Hire a Criminal Defense Lawyer?

You should hire a criminal defense lawyer as soon as you discover you are involved in a criminal offense. This could happen after you have been arrested or if you are under investigation. The sooner you get a lawyer involved, the better chance you have of successfully defending yourself. A lawyer needs time to analyze the case and prepare a defense. Being accused of a crime is very serious. You need to act fast and obtain quality legal representation to give yourself a fighting chance.

What Is the Most Common Criminal Offense in California?

One of the most common criminal offenses in California is theft. A theft case depends on the amount of money stolen or the severity of the offense. Charges can vary, as theft is one of those crimes that could be classified as a felony or a misdemeanor. If the value of the stolen items exceeds $950, it can be considered felony theft. An experienced criminal defense lawyer can help prepare a theft defense for you in your case.

What Is the Three Strikes Law in California?

The Three Strikes Law in California was passed in 1994. It was intended to punish felons who have previously been convicted of violent crimes or felonies. Third-time offenders are not permitted to receive time off for good behavior or for work, and their parole may not be guaranteed. Although the law was passed with the intent to keep rapists, murderers, and child molesters behind bars, there are many people serving sentences for nonviolent crimes.

A Legal Team That Can Help

Criminal offenses are taken very seriously in California. Being convicted of a crime can have a damaging effect on your life. Having a felony on your record could severely prohibit your ability to gain employment and obtain housing. If you have children, it could hinder your ability to be there for them. If you are facing criminal accusations, the optimal way to fight against them is with quality legal representation.

At the Law Offices of James E. Silverstein, our legal team is ready and able to provide that representation. We pride ourselves on helping Californian residents across the state. With over twenty years of legal experience and thousands of successful cases, our team is well-equipped to support you through this difficult time.

As a client of our firm, you can rest assured that we will explore every legal option available to you and determine the right solution for you. With our compassion, dedication, and determination, we won’t rest until we get justice. Contact us today to speak with a member of our team.