Sacramento Criminal Defense Lawyer

Sacramento has various policies in place to keep residents safe and discourage criminal activity from happening. For those who end up on the other end of these laws, though, such as those being accused of theft or drug crimes, they can face devastating, life-altering circumstances. If you are dealing with criminal charges in Sacramento or surrounding areas, a Sacramento criminal defense lawyer from Tully & Weiss is here to help you navigate the legal system.

Criminal Charges in California: Misdemeanors v. Felonies

Criminal law in California involves instances ranging from minor infractions to severe penalties. Associated penalties depend on factors such as the defendant’s criminal history, the nature of the incident, and the overall case circumstances. In California, criminal charges are classified into two major categories: misdemeanors and felonies, with infractions being for more minor offenses that do not come with jail time.

Common misdemeanors in California include offenses such as simple assault, vandalism, petty theft, and first offenses for driving under the influence (DUI). Misdemeanor crimes can lead to penalties such as a maximum of one year in county jail, fines, and possibly probation or community service. Although misdemeanors are significantly less severe than felony crimes, they can still have a long-lasting impact on a convicted individual’s life.

Felonies, on the other hand, are the most severe criminal offenses. They can come with serious penalties, including long periods in prison and hefty fines. Examples of felony crimes include instances such as grand theft auto, rape, homicide, robbery, and specific drug crimes. A felony conviction comes with serious collateral consequences, such as potential loss of voting rights and gun rights. Under the Three Strikes Law, repeat felony offenders face more severe penalties.

Criminal Cases Our Sacramento Criminal Defense Firm Can Support You With

Whether you are facing a minor misdemeanor charge or accusations of committing a severe felony, the skilled and attentive legal team at Tully & Weiss is here to serve you. We have a strong track record of successfully helping individuals in the area navigate their criminal defense cases, advocating for optimal case outcomes. We can help you with a wide variety of criminal defense cases, including:

• Drug offenses. In California, drug offenses can range from simple drug possession crimes to drug manufacturing and trafficking across state lines. Although drugs like marijuana have been associated with less severe offenses in recent years, certain drug crimes are still highly penalized and can come with long prison sentences and hefty fines.
• Assault and battery crimes. Assault is defined as the threat to harm an individual or to attempt to harm them, while battery is characterized by actual physical contact with a victim. Assault and battery crimes can be classified as misdemeanors or felonies, depending on case circumstances, such as injury severity and the presence of a weapon. Aggravated assault crimes, which include the use of a deadly weapon, have serious penalties.
• Driving under the influence (DUI) charges. DUI charges arise when an individual operates their motor vehicle while under the influence of alcohol or drugs. California strictly penalizes first-time and repeat offenders of DUI laws. Depending on driving history and the severity of the associated injuries or damage, offenders can face multiple penalties, such as imprisonment, fines, license suspension, community service, rehabilitation programs, and more.
• Theft crimes. Theft crimes in California can be various offenses, ranging from small scale shoplifting to bank robberies. Petty theft involves crimes that include items worth less than a certain amount and is typically classified as a misdemeanor. Instances that involve the use of violence or a weapon, on the other hand, such as robbery or grand theft, are classified as felonies and can come with severe penalties.
• Sex crimes. California sex crimes include various offenses, such as child pornography-related crimes, child molestation, sexual assault, indecent exposure, and rape. Such charges usually come with serious penalties, such as time in prison, mandatory registration as a sex offender, and negative consequences on an offender’s personal and professional life. As such crimes have severe penalties, it is critical to work with a lawyer.
• Domestic violence crimes. Domestic violence charges include the threat of abuse or abuse of one person against another who is a cohabitant, partner, spouse, or family member. As domestic violence is highly criminalized in California, even small incidents can lead to probation, jail time, and required counseling. Felony domestic violence charges can have serious collateral consequences, including loss of parental rights and permanent restraining orders.
• Homicide Crimes. Homicide crimes, such as manslaughter and murder, come with some of the more serious penalties under California law. Manslaughter is defined as the unintentional killing of another individual, while first-degree murder involves premeditated killing. Considering the serious penalties associated with these types of crimes, it is crucial to work with a skilled defense lawyer who can defend your case.

Whether you are being charged with intoxication manslaughter or are facing minor drug possession crimes, a detail-oriented criminal defense lawyer from Tully & Weiss has the legal know-how to advocate for your rights and interests. You can count on us to build up a comprehensive defense strategy on your behalf, exhausting all possible legal strategies to ensure your case has a positive outcome.

Navigating the Sacramento Criminal Defense Process

Facing criminal charges in Sacramento can feel overwhelming due to the complexity of the legal processes involved. Therefore, if you are dealing with criminal charges in the area, it can be highly beneficial to understand the general process, as well as how an attorney can support you at each stage. While each case is different, the criminal defense process in Sacramento generally involves the following steps:

• Going through booking. After being arrested, prime suspects go through the booking process. They are booked into a jail, where critical data, such as their photographs and fingerprints, are taken. During booking, defendants are informed of the charges they are facing. During this process, it is critical to exercise your right to remain silent and get a skilled attorney before speaking with law enforcement.
• Attending Arraignment. An arraignment hearing is required after booking, which takes place in a court. During this hearing, a judge will present the defendant with the formal charges they are facing, whereupon the defendant must answer with a plea of guilty, not guilty, or no contest. A skilled lawyer can help you understand which plea option may be optimal for your case. They may also help you pursue bail or release on your own recognizance to get you out of jail.
• Building a criminal defense strategy. After analyzing the specific charges and understanding associated details of the case, a skilled lawyer can help build up a defense strategy. They may argue that constitutional rights were violated, there was a lack of evidence to prove guilt beyond a reasonable doubt, or that the identity of the defendant has been mistaken for the true offender.
• Navigating pre-trial proceedings. During the pre-trial hearing, both the defendant and prosecution will be able to bring forward their arguments. A skilled attorney can assist a defendant with filing motions such as those to suppress evidence or challenge legal procedures related to the arrest. Pre-trial motions can be a keystone of any case, with successful motions leading to any dismissal of charges or exclusion of the evidence.
• Negotiating plea bargains. Depending on the details of a criminal case, it may be optimal for the dependent to accept a plea deal from the prosecution. This method, which resolves the case without going to trial, requires the defendant to plead guilty in exchange for guaranteed reduced penalties. A skilled lawyer can negotiate on your behalf to secure a plea bargain that minimizes your sentencing.
• Mounting a defense during the trial. If the case does end up going to trial, both the defendant and prosecution must formally present their sides of the story with supporting evidence. Trials may be a bench trial or jury trial, depending on the circumstances of the case. A skilled lawyer can advocate staunchly on your behalf, bringing forward clever legal arguments, cross-examining witnesses, and calling into question the prosecution’s case.
• Receiving sentencing. If an individual is convicted of a crime, the court will assign an associated penalty. Courts decide on sentencing by considering factors such as the nature of the case, the offender’s criminal history, and whether there are any mitigating factors. Criminal defense lawyers can work to get probation, reduce penalties, or secure alternatives to probation.
• Pursuing appeals Individuals who are convicted of crimes in California can appeal this decision to a higher court. A knowledgeable attorney can help you understand whether the appeals process is suitable for your case, working to get your sentence reduced or your decision reversed. Appeals can call into question legal errors, including misconduct of the jury or improper admission of evidence.

As the criminal defense process in Sacramento can be lengthy and overwhelming, it is critical to have a skilled and passionate lawyer on your side who can advocate for a positive outcome to your case. An experienced criminal defense lawyer from Tully & Weiss can ensure you receive skilled legal representation from booking to appeals.

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Protect Your Rights and Interests With a Sacramento Criminal Defense Lawyer

Facing criminal charges in Sacramento and surrounding areas can be highly intimidating due to potential penalties and long-term collateral consequences. By working with a Sacramento criminal defense lawyer from Tully & Weiss, you can rest assured that you have a legal team fighting for you that is dedicated to attaining a positive result. Contact us today to start discussing your case so that we can help you defend your rights and protect your interests.