Felony charges are life-altering events, especially if you already have a criminal record. After you’ve been charged, prosecutors and law enforcement officials often forget that you’re innocent until proven guilty beyond a reasonable doubt. The burden is on the prosecution, not the defendant, to prove guilt in felony-level cases.
Our dedicated criminal defense lawyers in California typically employ three strategies to defeat or minimize felony charges. Call us today at (805) 643-5555 or connect with us online immediately to discuss your case.
Convincing California Prosecutors to Drop the Charges
Experienced felony defense lawyers strive to get all charges against you dropped. This may happen in cases of actual innocence, overzealous policing, or when the offending behavior was excusable. Some techniques attorneys use to have the charges dismissed include:
- Submitting undeniable proof of alibi
- Presenting evidence of justification, such as self-defense or medical emergencies
- Showing that the traffic stop, search, or arrest was unlawful
- Providing proof of racial profiling;
- Indicating actual innocence
- Challenging the validity of the warrant
In cases where unlawful police conduct or innocence is clear, prosecutors might agree to dismiss all charges against you before trial.
Negotiating Favorable Plea Deals
Suppose law enforcement presents sufficient evidence to prove the crime against you. In that case, an attorney might use her professional relationship with local prosecutors to negotiate a favorable plea deal on your behalf. This generally means getting the prosecutor to reduce the number of charges or drop the felony charges in favor of a lesser included misdemeanor offense.
Plea deals also allow defendants to negotiate the penalties associated with pleading guilty. For example, prosecutors may agree to reduce the charges against you and recommend that you serve only probation, not jail time, in exchange for the guilty plea. Experienced criminal defense lawyers negotiate these deals by pointing out weaknesses in the prosecution’s case and questioning the state’s ability to prove the claims against you.
Winning at Trial
If prosecutors refuse to drop the case or offer a favorable plea deal, criminal defense lawyers will take your case to trial. Experienced attorneys may argue that the state cannot prove its case beyond a reasonable doubt or submit evidence of mitigating circumstances to reduce the ultimate sentence. They might also present the same defenses they used when attempting to get your charges dropped, such as showing there was a constitutional violation during the investigation. Judges are often more neutral than prosecutors, looking to prove themselves so that these defenses may win your case at trial.
Don’t Wait. Call an Experienced California Felony Defense Lawyer Today
The prosecutor has the burden of proving felony charges with substantial evidence. A dedicated criminal defense lawyer will employ numerous strategies throughout every stage of the criminal justice process to get the charges against you dropped or reduced. They will take your case to trial and fight for your rights before a court of law if needed. Call a felony defense attorney at Bamieh & De Smeth at (805) 643-5555 or contact them online immediately to discuss your case.
