What Is Criminal Defense?

In the US, criminal defense is the process of protecting an accused person’s rights during a criminal investigation, from the initial criminal charges through sentencing, appeals, and any other post-trial issues. An arrest simply means that a police officer or judge believes that probable cause exists that you may have committed a crime; it does not mean that you are guilty!

Since an arrest is usually made by law enforcement officers, it can be for a criminal charge that has not even been verified by an attorney or judge. A criminal defense lawyer in Los Angeles County, California can argue on your behalf before any charges have been filed by a prosecuting attorney. If you believe that you are being investigated or you are arrested in Diamond Bar, CA, hiring a criminal defense attorney to help with strategizing and representing your rights is the absolute right move. Your lawyer will perform his or her own investigation and can present the resulting evidence to negate potential charges brought by the prosecutor. Eric D. Davis, Attorney at Law practices in Los Angeles County, San Bernardino County and Riverside County.

Felonies

A felony is a crime that is of a more serious nature than a misdemeanor. Felonies can be violent or they can be nonviolent and are generally punishable by federal prison sentences of one year or more. Felonies are incredibly serious and require immediately engaging the professional guidance of an experienced criminal defense attorney in Los Angeles County, CA. Crimes classified as felonies generally include very serious offenses, such as:

• Homicide or attempted murder
• Rape
• Arson
• Human trafficking
• Burglary
• Robbery
• Intentionally or negligently spreading HIV/AIDS
• Serious property damage
• Prison escape
• Interference with custody rights
• Assisting another person in committing a felony
• Child pornography
• Child abuse
• Money laundering
• Stalking

It is standard that because felonies are such serious crimes, the punishment and the process of deciding on a punishment for them are considered equally as serious. Some factors that can influence sentencing for felonies include:

• The severity of the harm done by the crime
• Any mitigating factors presented by your criminal defense attorney
• Aggravating factors, like the targeting of children or the elderly
• The attitude of the community towards this particular type of crime
• Any prior convictions
• Whether or not the defendant is already on probation or parole
• Whether or not a deadly weapon was used to commit the crime

A particularly serious category of felony is sex crimes. A conviction for a sex crime can mean being required to register as a sex offender for the rest of your life. If you’ve been accused of a sex crime, do not settle for just any lawyer. Your future will depend on finding a sex crimes attorney to fight hard for you. Eric D. Davis is an experienced attorney who practices in Los Angeles County, San Bernardino County and Riverside County.

Misdemeanors

A misdemeanor crime is the category of criminal offense that is considered to be more serious than a simple citation but less serious than felony criminal charges. Since they tend to be less serious crimes, they tend to also be associated with less serious punishments. Usually, the main difference between a felony and a misdemeanor is that a misdemeanor is punishable by a sentence of up to one year in county jail rather incarceration in a federal prison. Misdemeanor offenses can include the following types of charges:

• Traffic offenses, particularly those related to DUI
• Assault and battery, and similar non-felony charges involving bodily harm
• Theft, larceny, and other non-felony crimes involving misuse of property
• Minor drug offenses
• Perjury
• Obscenity
• Gun possession

Criminal punishments for a misdemeanor crime can involve a combination of jail time, criminal fines, and probation. Consequences for criminal misdemeanor charges are also much more dependent on the exact details of the crime involved. For example, for a misdemeanor vandalism sentence, the defendant might be required to perform community clean up and repairs, or write a heartfelt letter of apology to the owner of the vandalized property. Misdemeanor punishments for DUI can involve completing mandatory DUI classes or substance abuse treatment.  Call Eric D. Davis for all kinds of misdemeanor cases in Los Angeles County, San Bernardino County and Riverside County.

The fact that a misdemeanor charge is technically not as serious as a felony charge does not mean that you shouldn’t have legal representation. Any criminal conviction on your record will have a serious impact on the rest of your life and your rights should be protected by a Diamond Bar criminal defense attorney.

DUI

Driving under the influence (DUI) is what occurs when a person operates a motor vehicle while being under the influence of drugs or alcohol, meaning that the driver has a blood alcohol level of 0.08 or greater. When the person driving is a minor or holds a CDL, the legal limit is even lower. In California, you can be required to pay fines and fees as high as $2,000 for a DUI conviction. In addition, you could spend two days in jail. Often, the jail time is substituted for community service. Other times, it might be waived, if you already served that time after being arrested. Your penalty will also include completing a mandatory alcohol awareness course, which can take months to accomplish.

Although it is only a misdemeanor conviction, a DUI on your criminal record can have devastating consequences, especially if you drive professionally. Do not underestimate the value of having a skilled DUI attorney on your side in Los Angeles County, San Bernardino County and Riverside County, CA, to fight for the reduction or dismissal of your charges.

Juvenile Dependency

Juvenile dependency proceedings are what are held to determine whether or not a minor’s parent or guardian has been abusive or neglectful. In these proceedings, it is not uncommon for the juvenile court to remove a child from a parent’s home. If a child is removed only temporarily, the court can order monitoring of the family with the goal of eventually returning the child to the home. If a child ends up being permanently removed from a home, the court can terminate the parent’s rights and allow another family to adopt the child. If you are a parent in a juvenile dependency case, you need an attorney to look out for your rights.

Eric D. Davis, Attorney at Law, is currently accepting cases involving all criminal matters (excluding traffic citations) and juvenile dependency issues. Call today to get 20 years of experience on your side.