San Jose Misdemeanors Attorney
Compared to felonies, misdemeanors might seem like relatively minor crimes. However, anyone facing a misdemeanor charge should immediately contact a San Jose criminal defense lawyer for legal representation. The repercussions of a misdemeanor conviction are considerable. Defendants can end up explaining their conviction for decades to come whenever they seek a job or professional license. You deserve the highest level of defense from a seasoned legal advocate. Call Knight Law to schedule a private consultation with a San Jose misdemeanors lawyer.
Misdemeanors Are Serious
The biggest difference between misdemeanors and felonies is the maximum sentence. In California, a misdemeanor can result in only one year in county jail if convicted, along with a $1,000 fine. By contrast, felonies usually send people to jail for at least 16 months, if not several years.
The most common misdemeanor offenses include:
- DUI (driving under the influence of drugs or alcohol)
- Violencia doméstica
- La alteración del orden público
- Some drug possession cases
- Agresión con lesiones
- Entrar sin autorización
- Vandalismo
- La conducción temeraria
- Shoplifting
In addition to possible time behind bars, defendants can also face hurdles moving forward once they complete their sentence. For example, you now have a criminal history which shows up in a background check. Anyone hoping to find a job or apartment must be prepared to discuss their conviction. It certainly will come up. If you have a security clearance, it will come up. If you are in the military, there are mandatory self-reporting requirements that may impact your career and military pension and retirement.
California has tried to make it easier for those with a criminal record to find work, but the law still allows employers to consider a criminal conviction. Do yourself a favor and fight any criminal charge now.
“Wobblers”—Felony or Misdemeanor?
Some offenses are “wobblers,” meaning the prosecution may charge it as either a misdemeanor or felony. The state considers many factors when making this choice, including the harm to the alleged victim and your prior criminal history.
Your defense lawyer can argue that a misdemeanor charge makes the most sense. This is one reason to hire Knight Law. Some defendants think that any charge will automatically be reduced to a misdemeanor because they are a first-time offender—but it’s not that simple.
Our office might bring a Section 17(b) motion (named after the relevant section of the Penal Code). This is a motion to reduce a charged “wobbler” from a felony to a misdemeanor. If successful, we can reduce the severity of the penalties you face.
Get the Defense You Need
Knight Law defended many people accused of misdemeanors, including wobblers. Our defense tactics are varied and depend on the facts surrounding your case. We have experience challenging the constitutionality of a stop, arrest, or evidence seizure. We can also challenge the strength of a case at a preliminary hearing.
Our firm strives to get the best result possible. Sometimes we can negotiate a charge down, while for other defendants we prepare for trial before a jury.
You can rely on the skill of our San Jose misdemeanor defense attorney. Nana Knight excels at all phases of a criminal prosecution. Unlike other attorneys, she’s a former prosecutor who is comfortable in a courtroom and will do everything ethically possible to preserve your freedom. Call today to schedule a no-risk consultation.
