December 2010 Archives

December 29, 2010

How Important is a San Diego Criminal Defense Attorney's Experience to your case?

Experience provides an individual with the expertise necessary to carry out a task successfully, being able to account for possible obstacles from previous incidents and to move forward efficiently and with the ease of having completed that task on numerous prior occasions. Although the term may be used universally, it wholly applies to the practice of Criminal Defense.

Experience adds a fundamental element to a knowledgeable San Diego Criminal Defense attorney's representation. The attorney has tried thousands of cases similar to yours and knows which arguments are effective and powerful and which are less so. He or she is well versed in the complexities of the Penal code and can immediately tell you your options, defenses and potential consequences based on the specific facts of your case.

Furthermore an experienced San Diego Criminal Defense attorney will be familiar with the courts in your area, as well as the Judges and Prosecutors. Consequently, the lawyer you hire will be familiar with which arguments certain prosecutors use and what defenses and sentences Judges prefer. Knowing beforehand what to expect allows the attorney to better prepare a powerful argument on your behalf so that you are sure to get the results you desire!

December 1, 2010

Potential Consequences of a Domestic Violence Charge involving a Spouse in California

There are two types of charges involving a spouse in domestic violence. One is charged as a felony domestic violence and involves bodily injury resulting a traumatic condition (California Penal Code 273.5), and the other is a misdemeanor battery against a spouse (California Penal Code 243(e)(1)).

The final sentence for your case will fall along a spectrum that has been established by legislation. This range will differ based on the Penal Code section under which you have been charged, along with varying factors that comprise your background and the facts of your case. A person charged under California Penal Code 273.5, a felony, may be sentenced anywhere up to a year in county jail, 2 - 4 years in state prison and/or a fine of up to $6,000. In contrast, those charged under CPC 243(e)(1), a misdemeanor, may be charged with up to a year in prison and/or a fine not to exceed $2,000.

Potential consequences for your case will depend on several different factors. Prosecution will consider you criminal background, relationship history as well as the specific facts of your case before proposing a final sentence to the Judge. There is a great amount of subjectivity open to argument and debate. An experienced Los Angeles Criminal Defense attorney has developed a solid reputation among the prosecutors and Judges in Los Angeles. It is through this knowledge that they are able to prepare a influential argument that will ensure your final sentence falls along the lower end of the spectrum and helps you avoid serving and jail time!