Bay Area Felony and Misdemeanor Attorney

Our San Jose Felony Attorney Defends 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. However, treating misdemeanor charges lightly is a mistake. 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.

What Are Felonies in California?

Under California law, the most egregious criminal acts are classified as felonies. While California does not 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.

Felony charges are extremely serious. They 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. California’s Three Strikes Law also provides minimum sentencing of 25 years in prison for an individual’s third felony conviction.

What Are Misdemeanors in California?

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.

Get Felony and Misdemeanor Defense in San Jose and Santa Clara County

Attorney Nick Cvietkovich has handled thousands of cases. He understands that thorough investigation of your situation is the key to a successful 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.

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 in San Jose, Santa Clara, Palo Alto, Campbell, San Francisco, Oakland, and throughout the Bay Area. Call us at (408) 898-9653 today.


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

There’s not enough words to explain how grateful I am with Nick. He defended my husband in a 25 to life case. No matter how difficult it seemed Nick never gave up. He is very humble, respectful, honest and professional! He was always keeping us updated and letting us know of the status of the case. He would always return our calls and txt messages. Not like others lawyers that all they want is money. Thank you Nick for representing my husband and giving him a new opportunity to start all over with us. God bless you. Thanks to you the case was dismissed!!!

-Anna, Google

Nick is an incredible lawyer. I worked with Nick for about 2 years to have my case resolved. I selected him from conducting 7 interviews with a couple of other lawyers but I knew that he was the man for the job when I talked to him. I selected him after 2 interviews after I knew that he was an experienced lawyer and handled numerous cases within my charge. Nick is very thorough, professional, and always goes above and beyond for his clients. He is very exceptional and I would recommend Nick again in the future for any client that wants to either win, dismiss, or reduce any charges. I highly recommend Nick Cvietkovich.

-Ron, Yelp

When I got my second DUI, a friend of mine told me about Nick and how he is a great defense lawyer and would do whatever it took to get me the best deal. Upon meeting him, I already that I was in good hands. Throughout my case, he would keep me updated with any new information that would help my case and always be ready to answer my questions. He was very understanding with everything and helped me every way possible. Then when I got in trouble with driving without a license, I went back to him and he quickly took my case and did such a wonderful job. I was worried about what would have happened with me but Nick kept me calm and would make sure that I would be taken care. He is a great lawyer with great staff and is someone I recommend to anyone that is looking for a top notch defense lawyer. Thank you for everything Nick.

-Carlos, Yelp

I was pulled over by the police in San Jose about 4 months ago with a .09 blood alcohol level. I knew I had to get some help. This was my first time ever needing legal help. When I spoke with Nick he sounded like a nice guy. He was knowledgeable and offered a very reasonable price. So I went with him and hoped for the best. Little did I know I had just hired an excellent lawyer. He went to work right away. He made me feel comfortable and was always quick to get back to my questions and concerns and always kept me informed with the case. Four months later his strategy worked great. I had prepared myself for a DUI sentence but was hoping to get at least a wet reckless. I ended up walking away with a dry reckless and a small fine. My license was not affected either. I can’t thank him enough. Nick is a very intelligent, personable and clever lawyer. He knows the system well and was able to get me the lightest possible sentence. If I ever have any legal questions or need any legal help in the future, he will be my first call.

-Kelly, Avvo

I give 5 stars for Mr. Cvietkovich. My family was going through a terrible tragedy and on top of that had a legal issue that was time sensitive. I contacted Nick Cvietkovich and in just a few hours Mr. Cvietkovich got all the parties together and resolved the issues. Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. Everyone needs a lawyer that not only gets things done but gets things done quickly. Thank you Nick Cvietkovich – words cannot express my gratitude.

-Justin, 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