A Felony Conviction Can Have Severe Consequences
Unfortunately, you face severe limitations to your freedom and future if you are convicted of a felony. For instance, you can become ineligible for certain licenses and educational grants. You also can lose out on government programs like housing, Medicare and FoodShare, right to own a firearm, perform jury service, and right to vote. Furthermore, if you have prior felony convictions, it is likely you face a prison sentence. Part of this is due to California’s three-strikes sentencing rule. You should always contact a San Jose felony attorney when you face felony allegations.
At The Law Offices Of Richard Wingerden, San Jose felony defense attorney Wingerden knows how to defend against felony allegations. For almost 20 years, he has defended clients against felony accusations. He can investigate the details of your arrest.
Mr. Wingerden’s goal in any matter is to get the charges against you dismissed, period. If this is not possible based on the circumstances of your matter, then the focus shifts to mitigating your case down to something minimal or go to trial if necessary.
What Crimes Are Considered A Felony?
A wide variety of crimes can be labeled as a felony. Felonies are crimes for which the maximum punishment involves more than one year of custody time. If you are given more than one year of custody time, then you can be sent to state prison. The maximum amount of time spent in state prison depends on each individual felony. A judge will consider your past history when determining the severity of the charges against you. Felonies are usually considered more serious than misdemeanor offenses and most often include the following crimes:
- Sex crimes: Almost every sex crime is punishable as a felony. This includes possession of child pornography, rape and sexual assault.
- Violent offenses: Various factors can change a misdemeanor assault into a felony battery charge. Generally, these charges involve assault with a deadly weapon.
- First-degree burglary: California Penal code 459 defines first-degree burglary as intentionally entering someone’s home with the intent to steal or commit a felony therein. If convicted, you face a prison sentence of up to six years.
- Possession of drugs for sale: Any controlled substance under the California Uniform Controlled Substances Act is illegal to sell. If convicted, you face two to four years in jail and/or a fine of up to $20,000.
What Does An Attorney Do?
The charges against you are serious. However, Mr. Wingerden believes that these allegations should not define the rest of your life. Immediately, he can scrutinize evidence. In addition, he can investigate to find out if your rights were violated during your arrest. This is to determine whether an error during your arrest could allow for immediate release. Using this information, he can build a narrative that highlights facts that challenge intent.
California courts and judges often react favorably to pretrial intervention. Since this is the case, Mr. Wingerden can advise on pretrial actions that can help exonerate you. As a result, you can keep your record clean. However, if you are convicted, he can still help.
Facing Serious Criminal Charges? Call An Attorney Now.
Are you under investigation for a felony crime in California? Do you believe that your rights were violated during arrest? Looking for immediate legal representation? In most circumstances, an attorney can resolve your case in a creative way that minimizes your legal exposure. Mr. Wingerden can aggressively negotiate and fight to reduce any consequences or negative impact that a criminal conviction can have.
Mr. Wingerden has successfully defended clients for decades and knows how serious the allegations against you can be. He utilizes a team of professionals to investigate every detail in your case. He can review your case at no cost during a free consultation. To find out how the San Jose legal team can help, contact the firm online or call 408-273-8239.