San Diego Felony Defense Attorney
In the state of California, a felony is a crime of a serious nature. A conviction results in at least one year in prison, large fines, and in extreme cases, can result in lifetime imprisonment or the death penalty. Being convicted of a felony can have wide-ranging consequences even after a prison sentence has been served. Many convicted felons face an uphill battle to have a normal life after being released. It is extremely difficult to find employment or licensing with a felony on your record. Federal laws restrict felons from possessing firearms or ammunition. Many civil rights are also forfeit after a felony conviction, including the right to vote and to hold public office.
If you or a loved one is facing felony charges in San Diego, you need an experienced criminal defense attorney to aggressively protect your freedom and civil rights. With more than 30 years of experience, James N. Dicks of jD LAW, P.C., is available to support you and your family every step of the way. He is a board-certified criminal law specialist who is dedicated to doing everything in his power to get results for his clients. For a free consultation, call our office at (760) 630-2000 and see how our legal team can help.
Various types of criminal activity can result in felony charges. Common crimes include, but are not limited to:
- Murder or attempted murder
- Sale and/or transportation of controlled substances
- Manufacture of controlled substances
- Grand theft
- DUI causing injury or death
- Domestic violence
Being accused of any crime is a frightening experience, especially if felony charges are being brought up. To protect your good name and freedom, you need an experienced San Diego criminal defense lawyer in your corner.
While many states have set classifications and punishments for felonies, the State of California determines sentencing, fines, and all other consequences of a felony conviction on a case-by-case basis. The different categories include:
- Wobblers- Wobblers are crimes that can either be charged as a misdemeanor or a felony. The nature of the charge being put forward is up to the discretion of the prosecutor. Wobblers typically result in a misdemeanor conviction if the defendant’s behavior was not exceptionally out of order or if the defendant has not displayed criminal behavior in the past. An example of a wobbler crime that can be charged as either a misdemeanor or felony is assault.
- Fixed Sentences- Certain felony crimes in California have a fixed sentence tier system, ranging from low, mid, to high. It is up to the judge as to which of the three tiers will be used at sentencing. An example of a felony that has fixed sentences is assault with a machine gun. This crime is punishable by 4, 8, or 12 years in prison.
- Three Strikes- The Three Strikes Law was put in place to extend the sentences of career criminals and habitual offenders because of their consistent violation of the law. In general, anyone who is convicted of three felonies can receive a much longer prison sentence than an individual committing his first or even second felony. In 2012, California voters passed Proposition 36 and amended the Three Strikes Law. Now, the third strike must be a violent or serious felony, and those convicted under the Three Strikes Law for a nonviolent offense can petition to have their sentences downgraded if they qualify under the amendment.
Convicted felons may not own and/or possess firearms and body armor. California Penal Code Section 29800 states that convicted felons, individuals convicted of a violent misdemeanor, and drug addicts are not allowed to be in possession of firearms. Federal law prohibits anyone convicted of a violent felony from possessing any body armor (bulletproof, Kevlar vests). Wearing body armor while committing a crime can add significant time to a prison sentence.
Our legal team, headed by former LAPD investigator James N. Dicks, aggressively defends San Diego residents accused of criminal acts. We are straightforward and relentless in our defense strategies while sticking to our high ethical standards. We know that having confidence in your defense team is critical when facing criminal charges, and we do everything in our power to help you avoid conviction and prison time. When you contact our firm, we can discuss all the aspects of your case and advise you of your best options.
Don’t let your freedom and rights be stripped from you without a fight! Call us at (760) 630-2000 and let attorney James N. Dicks put his 30 years of criminal defense experience to work for you. Call jD LAW, P.C., today.
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