Bay Area Felony & Misdemeanor Attorney
Our San Jose Felony Attorney Defends Felonies and Misdemeanors
When you have been charged with a crime, it’s important to understand the seriousness of the allegation. Depending on the charge, and sometimes on the circumstances of the case, an alleged crime may be prosecuted as either a felony or a misdemeanor. Statutorily, misdemeanors are lesser offenses than felonies. However, treating misdemeanor charges lightly is a mistake.
What Are Felonies in California?
Under California law, the most egregious criminal acts are classified as felonies. While California doesn’t use a class-ranking system, the state does recognize several separate categories of felony crimes. Felony categories in California include:
- White Collar Felonies. White collar crime includes non-violent offenses. Examples include fraud, bribery, identity theft, and computer crimes.
- Drug Felonies. Felony charges related to drugs include distribution, manufacturing, and possession with intent to distribute.
- Sex Felonies. Sex crimes include sexual assault, sexual abuse, illegal pornography, and sexual abuse of a child.
- Violent and Serious Felonies. The most serious category of felony charges includes kidnapping, murder, manslaughter, arson, California felony DUI and others.
Under California Penal Code 17(a), a felony is punishable by death, imprisonment in state prison, or imprisonment in county jail under Penal Code 1170(h). Santa Clara County Superior Court explains that felonies are usually punished by one year or more in state prison or by death. A straight felony can only be charged as a felony and isn’t eligible for reduction through the wobbler process. The nature and severity of the penalties depend on the individual charges and the circumstances of the case. California’s Three Strikes Law can also affect sentencing when a person has qualifying prior convictions.
What Are Misdemeanors in California?
Misdemeanor charges are generally less serious and aren’t specifically categorized under law. California misdemeanors include offenses such as:
- Petty theft and shoplifting
- Domestic battery
- DUI
- Probation violations
California also recognizes an intermediate category of offenses known as “wobblers.” These charges may be prosecuted and punished as either misdemeanors or felonies. Circumstantial factors, including location, victim, and level of aggravation, may affect how the offense is charged. Offenses that may be considered wobblers include:
- Theft and property crimes;
- Drug possession;
- Assault and battery;
- Criminal threats;
- Embezzlement; and
- Weapons charges.
If you have a felony or misdemeanor charge, the attorney you choose can make all the difference. Contact the Law Offices of Thomas Nicholas Cvietkovich to discuss your defense options under California law. We proudly serve clients throughout the Bay Area.
Call us at (408) 898-9770 today.
Reducing an Eligible Wobbler Felony
A motion under California Penal Code 17(b) asks the court to reduce an eligible wobbler felony to a misdemeanor. This procedure doesn’t apply to every felony offense. Eligibility depends on the statutory classification of the charge and how the case is resolved.
A prosecutor may file a wobbler offense as a misdemeanor, or a court may determine before trial that it should be treated as one. A court may also declare an eligible offense a misdemeanor when granting probation or after a judgment that doesn’t impose state prison or county jail imprisonment under Penal Code 1170(h). We evaluate the charge and procedural stage before discussing whether this form of reduction is available, and we negotiate with prosecutors when seeking reduced or eliminated charges.
What Sets Us Apart?
At the Law Offices of Thomas Nicholas Cvietkovich, our San Jose felony attorney knows that even misdemeanors can remain on an individual’s criminal history for many years. In addition, the direct legal consequences, including probation, fines, and prison sentences may also be severe.
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Local Knowledge & ExperienceWe are a Northern Californian- founded and run firm giving us unique insight into the court system.
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Well-Known & Respected TeamThe attorneys at the Law Offices of Thomas Nicholas Cvietkovich are not only respected by our peers and clients, but we have the top legal accreditations.
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Dedicated & Experienced CounselOur firm has over 15 years of experience and has successfully handled more than 4,500 cases.
If you have been unjustly charged with a crime, you can count on the legal team at Law Offices of Thomas Nicholas Cvietkovich to fight for your rights every step of the way. Schedule your free case evaluation with our team today.
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“Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.”
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“No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest, and professional! Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you.”
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“Nick is an excellent attorney who really cares for his clients and knows what he is doing. He works tirelessly to achieve the best end results in every case. He is very straightforward and lets you know what to expect from beginning to end.”
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“I hired one of his associates a couple of years ago like 4 or 5 years ago. Best help I got. I Am so thankful and Mr. Nick inspired me to pursue a career in law firm.”
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“Not only did he do everything legally possible to fight false claims, investigate and defend my case, but he also did so with style, grace, and tenacity that only comes from an experienced defense attorney.”
Get Felony and Misdemeanor Defense in San Jose and Santa Clara County
Attorney Nick Cvietkovich has handled 4,500+ cases. He understands that thorough investigation of your situation is central to building a defense. By uncovering all the facts, he is able to use every available resource to solidify your case. Additionally, his experience and extensive knowledge of the law allow him to negotiate with prosecutors, often resulting in reduced or even eliminated charges.
Call (408) 898-9770 to request your free criminal-defense consultation.
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