Bay Area Felony and Misdemeanor Attorney

San Jose Criminal Lawyer Defending Felonies and Misdemeanors

When you have been charged with a crime, it is important to understand the seriousness of the allegation. Depending on the charge, and sometimes on the circumstances of the case, an alleged crime will be prosecuted as either a felony or misdemeanor. Statutorily, misdemeanors are lesser offenses than felonies, but treating misdemeanor charges lightly is a grave mistake.

At the Law Offices of Thomas Nicholas Cvietkovich, we know 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.

Knowledgeable, Aggressive Criminal Defense Attorney

Under California law, the most egregious criminal acts are classified as felonies. While California does not use a class-ranking system like those in other states, 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 such as 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; and
  • Violent and Serious Felonies: The most serious category of felony charges includes kidnapping, murder, manslaughter, arson, California felony DUI and others.

Felony charges of any type are extremely serious, and carry penalties ranging from 16 months in prison and fines up to life imprisonment. The nature and severity of the penalties depend on the individual charges and the circumstances of the case. The Three Strikes Law in California also provides minimum sentencing of 25 years to life in prison for an individual’s third felony conviction.

Misdemeanor charges are generally less serious and are not specifically categorized under law. California misdemeanors include offenses such as:

California also recognizes an intermediate category of offenses known as “wobblers.” These charges, at their most simple, are classified as misdemeanors. However, circumstantial factors, including location, victim, and level of aggravation, may elevate the offense to a felony. Offenses that may be considered wobblers include:

  • Theft and property crimes;
  • Drug possession;
  • Assault and battery;
  • Criminal threats;
  • Embezzlement; and
  • Weapons charges.

Felony and Misdemeanor Defense in Santa Clara County

Attorney Nick Cvietkovich has handled thousands cases and understands that thorough investigation of your situation is the key to a successful defense. By uncovering all of the facts, he is able to use every available resource to solidify your case. Mr. Cvietkovich’s experience and extensive knowledge of the law also allow him to negotiate with prosecutors, often resulting in reduced or even eliminated charges.

If you have been charged with a felony or misdemeanor, the attorney you choose can make all the difference. For help in clarifying your options under California law, contact the Law Offices of Thomas Nicholas Cvietkovich at (408) 898-9653. We proudly serve clients in San Jose, Santa Clara, Palo Alto, Campbell, San Francisco, Oakland, and throughout the Bay Area.


Nick is an excellent attorney who really cares for his clients and knows what he is doing. His experience can be easily noticed. 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, it is a relief to speak to an attorney like him that is not just trying to retain your business, but genuinely cares for the people he works with. He has a great team of people working for him that are always willing to update you on your case and answer any questions you might have. If you want a great attorney who will not overcharge you and will get you the best results, call his office.

-Mari, Yelp

Why Choose Us

  • More than 14 years of experience
  • Have handled 4,500+ cases
  • Available 24/7
  • Top Accreditations
  • Represent wide range of criminal charges