San Jose Misdemeanor Attorney
San Jose Misdemeanors Attorney .
Fighting Misdemeanor and Felony Charges
Misdemeanors are lesser crimes that can be punished by a county jail sentence, probation, or a fine. Drunk driving, simple battery, most domestic violence cases, under the influence of drugs, disturbing the peace, some child abuse and neglect matters, and petty theft are all fairly common misdemeanors.
What our office can do to help you is very much dependent on the facts of your case. Even though misdemeanors were originally designed to keep the public peace, modern databases that are used by potential employers make it important to keep your record clean.
After conviction of a misdemeanor, if you successfully complete probation without any further convictions, you have a right to a record clearance. This does not mean that your file is purged from the courthouse. Instead, the last entry would show that your conviction has been set aside based upon subsequent good conduct.
A felony is any charge that is punishable by time in the state prison. Some felonies are alternative felony/misdemeanors or “wobblers”. These crimes can be reduced to misdemeanors if you have been placed on probation instead of being sentenced to prison. Some felonies are “non-alternative” felonies, which cannot be reduced.
The most serious felonies are often alleged as “probation ineligible”. This means that if you are found guilty of the crimes, you must serve a prison sentence. The prison sentence for all felonies is set forth in or near the Penal Code section that is being charged. It is not advisable and the court will not generally allow you to represent yourself if you are being prosecuted for a felony.
Get an Experienced San Jose Misdemeanor Attorney
San Jose Criminal Law Office has been successful at having many felonies dismissed, or reduced to misdemeanors either at the time of plea, or going back after completion of probation. At times, when a defendant has been arrested for a felony, but has mitigating issues that the police and prosecution are not aware of, we have contacted the prosecutor to avoid filing of felony charges in many instances. This is one of the reasons it is always best to choose an attorney with years of experience in the specific court where you are being charged.
We are aware of the very specific consequences of all of the felonies upon a person’s criminal record and can often steer the prosecutor away from those felonies that are most harmful in terms of jail or prison consequences, as well as long term consequences. Hiring a criminal defense attorney as soon as possible is your best chance for a favorable outcome.