Pomona Criminal Defense Lawyer

Pomona Criminal Defense Attorney

Facing a criminal charge is a serious matter. Defending yourself against a criminal charge without proper legal representation can lead to lifelong consequences and long-lasting penalties. If you have been charged with a criminal offense in California, it is important to have the guidance and support of a Pomona criminal defense lawyer. With Gibbons & Gibbons, you do not have to fight your criminal charge on your own

What Types of Crime Can We Defend?

Criminal defense lawyers handle cases where an individual has violated criminal statutes according to California’s Penal Code. The Penal Code outlines the degrees of punishments that can be applied to criminal cases as well as the degrees of the crimes themselves. The three kinds of offenses that these crimes can fall into are:

• Infractions
• Misdemeanors
• Felonies

Depending on the severity of the charge, a crime can be charged in more than one way. For example, a less serious form of the crime can be deemed an infraction, while more serious forms might be considered misdemeanors. The same can be said for crimes that wobble between misdemeanors and felonies.

Some crimes are severe enough that they will always be categorized as felonies. As such, the punishments for these crimes will be more severe. For example, murder is always considered a felony.

Infractions

Infractions are the least severe classification of crime that a person can be charged with. They are typically punished with a fine and cannot be punishable with jail time. Common infractions include:

• Traffic violations – Traffic violations can include running red lights and stop signs, crossing over a double yellow line, and various parking violations.
• Violations of recreational rules – An example of this would be misuse of park property.
• Municipal violations – This can include acts like walking a dog off-leash or violating street weight limitations.

Misdemeanors

Misdemeanors carry higher penalties than infractions, which may consist of time in a county jail and fines. Common misdemeanors include:

• First-time driving under the influence (DUI)
• Simple drug possession in most cases
• Shoplifting and petty theft
• Vandalism
• Reckless driving
• Public intoxication
• Simple assault
• Domestic battery
• Indecent exposure
• Solicitation of prostitution

Within the three classifications of crimes are unofficial categories of offenses, known as ‘wobblers’ and ‘wobblettes.’ Wobblettes are crimes that can be charged as either infractions or misdemeanors. These are rarer than their counterparts; wobblers are crimes that can be charged as either misdemeanors or felonies. An example of a wobbler would be fraud.

Felonies

Felony offenses are the most severe crimes, and these carry a minimum incarceration sentence. Some felonies can be argued down to misdemeanors, but others, such as murder, must be pursued at the felony level. Examples of felony offenses include:

• Murder
• Voluntary manslaughter
• Sexual assault and rape
• Kidnapping
• Drug trafficking
• Arson
• Robbery

While there are minimum sentencing requirements for felonies, punishments can be as severe as life imprisonment.

How Can Prosecutors Argue Their Case?

Prosecutors seeking to charge you with an offense will consider a wide scope of information, such as:

• The suspect’s criminal background
• The harm your offense resulted in
• The wider effects of prosecution on the community and the victim
• The wishes or intents of the victims

Generally, the separation of police arrest activity and attorney prosecution allows prosecutors to press charges only when they feel they have reasonable grounds to succeed. They can be emboldened to press charges through the collection of evidence or ample witness testimony.

It is important to have aggressive representation of your own when facing prosecution. Prosecutors may attempt to intimidate you into accepting a sentence that is not proportional to the crime that has been committed. You have the right to legal counsel. Even if you committed the crime, it is possible to reduce your sentence and minimize the lasting repercussions of your charge with the knowledge and support of a criminal defense attorney.

How We Build a Strong Defense for Your Case

No matter the level of crime you have been charged with, hiring an experienced criminal defense lawyer is crucial to minimizing its potential penalties and protecting your rights. The consequences of a criminal charge can affect the rest of your life. When you hire a criminal defense attorney, you are investing in a better chance of succeeding in your particular legal circumstance as well as your future.

We build our cases around the evidence of each situation, tailoring our efforts to your unique needs. A strong defense takes many factors into consideration, including:

• Alibis – This is proof that the defendant could not have committed the crime because they were not present at the place where the crime occurred.
• Lack of evidence – The defense could prove that the evidence put forth by the prosecutor is insufficient or irrelevant to the case, making it inappropriate to charge the defendant with an offense.
• Disproportionate charges – If you are charged with a crime, your attorney could get the severity of these charges reduced. This could lead to a shorter sentence or a change in classification. For example, a felony charge could be reduced to a misdemeanor.
• Admission under coercion – This occurs when a defendant is coerced by law enforcement to confess to a crime they did not commit.
• Coercion under threat – An individual was forced and/or threatened to commit the crime, with reasonable cause to believe their lives were endangered if they refused.

At Gibbons & Gibbons, we examine all the available information in your case. This allows us to determine a course of action that can secure you a favorable outcome.

What Are the Penalties for Crimes in Pomona?

Penalties are decided by a judge based on a variety of factors. The primary factor is whether the crime is classified as an infraction, a misdemeanor, or a felony. Within these classifications are low terms, middle terms, and high terms. Judges are required to impose the middle terms unless there are additional aggravating factors that make it appropriate to impose higher terms. However, there are some circumstances in which a judge must consider the appropriate sentence to be the low term, including that the individual:

• Was under the age of 26 when they committed the offense
• Was a victim of human trafficking or domestic violence when they committed the offense
• Experienced psychological, childhood, or physical trauma

If a plea agreement is made between the defendant and the prosecutor, the judge will typically assign the sentence that was agreed upon in the negotiations. If the judge does not abide by the terms of the plea agreement, they must decide on a sentence based on the legal guidelines set forth by the California Penal Code.

Both the defendant and the prosecutor have a right to argue their case in a trial. During these trials, both sides may argue what consequences and sentencing they believe the judge should impose. The California Penal Code places strict limitations on sentencing, and sentences are specific to the types and degrees of the crimes.

FAQs

How Much Does a Criminal Defense Lawyer Cost in California?

The costs to hire a criminal defense lawyer in California are extremely variable and dependent on the complexity of each case. A case that requires long trials, extensive research, and significant labor from the attorney will incur a higher fee compared to cases that are resolved quickly. Typically, a criminal defense lawyer charges a flat rate for their services.

How Do I Choose a Criminal Defense Attorney in California?

When choosing a criminal defense attorney in California, you should consider several factors, including:

• Proximity to you – Closer proximity can make in-person meetings and discussions simpler.
• Reviews and testimonies – You might consider the outcomes of past clients when working with your prospective attorney.
• Experience with your specific crime – Although we know our clients have unique circumstances, you may be more inclined to choose a criminal defense attorney who has experience (and success) in defending the crime you have been charged with.

What Is the Difference Between a Lawyer and an Attorney in California?

In most cases, the terms ‘lawyer’ and ‘attorney’ are used interchangeably, but there is a difference. While a lawyer and an attorney have both earned their juris doctorates, a lawyer typically advises clients and handles a wide variety of legal matters. In addition to these qualifications and capabilities, an attorney has also passed the bar exam, enabling them to represent their clients in court.

What Percentage Do Lawyers Take in California?

In California, there is no set percentage that a criminal defense lawyer should take. Costs are determined by each lawyer based on the extent of their services. While you are choosing an attorney to represent you, you might weigh the different types of cost arrangements that are available to you, including:

• Fixed or standard fees
• Hourly fees
• Retainer fees

Lawyers in Pomona, California establish their own billing guidelines, which can usually be discussed through a consultation.

Contact a Criminal Defense Attorney at Gibbons & Gibbons

At Gibbons & Gibbons, we believe everyone has the right to strong advocacy and legal representation. To discuss the terms of your criminal charge, schedule a consultation with an experienced Pomona criminal defense lawyer today.