Many California felonies and wobblers that are typically charged as felonies are violent crimes. Some examples of felonies in include:
- Murder, attempted murder, and voluntary manslaughter
- Assault with a deadly weapon
- Assault on a public official
- Threats to victims or witnesses
- Battery causing serious bodily injury
- Rape
- Certain other sex offenses, including against children
- Mayhem
- Arson
- Robbery
- Extortion
- Kidnapping
- Carjacking
Most drug crimes other than simple possession are felonies, including:
- Sale of controlled substances
- Possession for sale of controlled substances
- Transportation of controlled substances
- Manufacture of controlled substances
Property crimes that might be charged as felonies include:
- First degree burglary
- Vandalism involving property damage of more than $400
- Grand theft
- Auto theft
- Embezzlement
- Identity theft
- Fraud (theft by false pretenses)
- Receiving stolen property
- Certain computer crimes
Driving under the influence of alcohol or drugs (DUI) is a felony if the accused has three prior DUI convictions or a prior felony DUI. A DUI that causes injury or death can also be charged as a felony.
Some crimes that might otherwise be misdemeanors can be charged as felonies under certain “enhanced” circumstances. A criminal record can also increase available penalties, authorizing felony charges for certain crimes that would otherwise be misdemeanors.
Felony Defenses in California
A variety of defenses can be raised to felony charges. The best defense is one that is tailored to the facts of your case. Examples of felony defenses include:
- Mistaken identity
- False accusation
- Lack of intent to commit the crime
- The crime committed is less serious than the charged crime
- Entrapment
- Justified action (such as self-defense)
- The police acquired the evidence illegally
- Reasonable doubt
The specific defenses that might apply to your felony charge depend upon the crime you were accused of committing, on the facts that the prosecution can or cannot prove, on the credibility of witnesses, and on how the police conducted the investigation. A review of your case during an initial consultation with The Law Offices of Randy Collins will give you a better idea of potential defenses that might help you avoid a conviction.
Your Rights When Facing Felony Charges
When you're confronted with felony charges, understanding your rights is crucial to building a strong defense. At the Law Offices of Randy Collins, we believe that knowledge is power, especially in legal matters. Our experienced attorneys are committed to ensuring that you are informed and empowered throughout the entire legal process.
Here are some essential rights you should be aware of:
- The Right to Remain Silent: You have the right to not answer questions that may incriminate you. It's important to remember that anything you say can be used against you in court.
- The Right to an Attorney: You have the right to legal representation. If you cannot afford an attorney, the court will appoint one for you.
- The Right to a Fair Trial: You are entitled to a fair trial by a jury of your peers, where your guilt must be proven beyond a reasonable doubt.
- The Right to Present Evidence: You have the right to present evidence in your defense and call witnesses who can attest to your character and actions.
- The Right to Be Informed: You have the right to be informed of the charges against you and receive clear information about the legal proceedings.
Understanding these rights can make a significant difference in your case. If you or someone you know is facing felony charges in Newport Beach or surrounding areas, contact the Law Offices of Randy Collins today for a comprehensive consultation. We are dedicated to protecting your rights and fighting for the best possible outcome.
Why Experience Matters in Felony Defense
When facing felony charges, having an experienced attorney by your side can make all the difference. At the Law Offices of Randy Collins, we understand that each case is unique and requires a tailored defense strategy. Our team of seasoned legal professionals has a proven track record in handling complex felony cases across Newport Beach and Orange County.
Here’s why our experience is crucial for your defense:
- In-Depth Legal Knowledge: Our attorneys are well-versed in California's criminal laws and understand the nuances that can impact your case's outcome.
- Strategic Case Analysis: With years of experience, we can identify potential weaknesses in the prosecution's case and develop effective strategies to counter them.
- Negotiation Skills: We possess strong negotiation skills that can lead to reduced charges or alternative sentencing deals, ensuring the best possible outcome for our clients.
- Understanding Court Procedures: Familiarity with local courts and judges allows us to navigate the legal system efficiently and effectively, providing you with a smoother experience.
- Supportive Guidance: We not only fight for your rights but also provide you with the emotional support you need during this challenging time.
Don't leave your future to chance. Trust the Law Offices of Randy Collins to deliver the knowledgeable and dedicated representation you deserve. Contact us today to schedule your consultation and take the first step towards protecting your rights.
How A Felony Attorney in Orange County Can Help
It is always best to avoid a felony conviction. When that is not possible, the focus shifts to minimizing the consequences of a conviction.
Probation is an option for many felonies. Probation is a more likely outcome if you follow a specific strategy after you are charged. Staying out of trouble is the starting point, but other aspects of the strategy (which might include things like drug treatment, anger management counseling, or a psychological evaluation) might be recommended as your case progresses.
Following a strategy to minimize punishment puts you in a better position if a jury finds you guilty or if you decide to enter a “no contest” plea.
An aggressive felony defense may result in a dismissal, an acquittal, a reduction of charges, or a negotiated sentence that minimizes the consequence of conviction. We defend felony charges in Orange County, Los Angeles County, Riverside County, San Diego County, and elsewhere in Southern California.
For honest advice about realistic outcomes in your case and the strategies that will achieve the best result, call our Orange County felony attorneys at The Law Offices of Randy Collins at (844) 285-9559.
Frequently Asked Questions
Can a felony charge be reduced to a misdemeanor in California?
Yes. Certain offenses, commonly known as "wobblers," may be charged as either a felony or a misdemeanor. Depending on the facts of the case, your criminal history, and the strength of the evidence, a defense attorney may be able to negotiate a reduction in charges. A misdemeanor conviction generally carries less severe penalties and fewer long-term consequences than a felony conviction.
What happens after I am arrested for a felony in Orange County?
After a felony arrest, you will typically be booked into custody and may be required to attend an arraignment where the charges are formally presented. The court will address issues such as bail, future court dates, and your plea. The prosecution will then begin building its case while your attorney investigates the allegations and develops a defense strategy.
Can I be released on bail after a felony arrest?
In many cases, yes. California courts often allow defendants to post bail and remain out of custody while their case is pending. The amount of bail depends on factors such as the severity of the charges, prior criminal history, and whether the court believes the defendant poses a flight risk or a danger to the community.
Will a felony conviction affect my future employment opportunities?
A felony conviction can create significant challenges when applying for jobs, professional licenses, housing, and educational opportunities. Many employers conduct background checks and may consider felony convictions during the hiring process. Avoiding a conviction, obtaining a reduction in charges, or seeking post-conviction relief may help minimize these long-term consequences.
How long does a felony case take to resolve?
The timeline varies depending on the complexity of the case. Some felony matters may be resolved through negotiations within a few months, while others require extensive investigation, motion hearings, and trial preparation that can take a year or longer. An experienced defense attorney can provide a more accurate estimate based on the specific facts of your case.
Can felony charges be dismissed before trial?
Yes. Felony charges may be dismissed if the prosecution lacks sufficient evidence, if key evidence is excluded, if witnesses are unreliable, or if law enforcement violated the defendant's constitutional rights. A thorough review of the facts and aggressive pretrial advocacy can sometimes result in a dismissal before the case ever reaches a jury.
Should I speak to law enforcement if I am being investigated for a felony?
It is generally advisable to consult with an attorney before answering questions from investigators. Statements made to law enforcement can be used as evidence in court, even if you believe you are helping your case. Exercising your right to remain silent and obtaining legal representation can help protect your interests during an investigation.
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