Violent and Serious Felony Defense

The stakes at this level

Serious and violent felony charges in California carry consequences that reach past the sentence itself: strike priors under the Three Strikes law, mandatory prison terms, and a record that follows you through every background check for the rest of your life.

Assault and battery related offenses are frequently classified as crimes of moral turpitude, which is the category employers, licensing boards and immigration authorities react to most severely.

Probation versus state prison

Whether a case resolves in probation or in a prison commitment turns largely on two things: your criminal history and the seriousness of the alleged injury. A minimal record and an absence of serious injury present the strongest case for probation.

It is worth being precise about one thing, because it is widely misunderstood. A probationary sentence does not mean no jail time. A felony probation grant can still carry significant custody, often in the range of four to six months.

Self-defense

Self-defense can be a complete justification for conduct that would otherwise be criminal, and it can result in dismissal of all charges. It is also legally complex, fact-intensive, and easy to damage by talking to law enforcement before speaking with an attorney.

If you believe you acted in self-defense, that is a reason to call a lawyer immediately, not a reason to explain yourself to an investigator.

Whether to testify

You have the right to testify at your own trial and the right to remain silent. Experienced defense attorneys frequently advise clients not to take the stand, because cross-examination by a prosecutor can do more damage to a defense than the testimony repairs.

A skilled defense often challenges the prosecution’s case effectively without the defendant testifying at all. That decision belongs to you, made with counsel, after the evidence is known.

Common questions