Some people think that a misdemeanor conviction will not result in serious penalties. However, it is important to know that even a first-time misdemeanor conviction could mean a year in jail. Shoplifting, disorderly conduct, probation violations and petty theft are some common misdemeanors. These allegations can be serious especially if prosecutors trump up charges to a felony. Our attorneys can build a defense to minimize the penalties and protect your interests.
At Thompson • Garcia Law, we believe a misdemeanor should not define the rest of your life. Our team understands that sometimes good people are involved in unfortunate situations. Whether there was a bad decision or a case of mistaken identity, we can help. In some cases, we can have your conviction removed from your record.
What Is a Motion to Reduce Felony to Misdemeanor?
Sometimes, a motion can be filed to reduce a felony conviction to a misdemeanor. When this happens, we argue to reduce charges in a formal hearing. At the hearing before the judge, we focus on the positive facts about your background. However, the judge will weigh the positive facts against any existing negative history on your record, such any prior arrests. For this reason, our misdemeanor defense lawyers may recommend pretrial programs instead of incarceration. We work to reduce a felony with a well-drafted motion, covering many issues. Some issues the judge considers when you request to reduce a felony to misdemeanor involve:
- Type of crime — The type of offense you are alleged to have committed has impact a motion. For instance, if your offense is a “wobbler” — in between misdemeanor and felony — you have a chance of reducing a conviction. DUI with injury, grand theft, fraud, domestic violence and other charges are common wobbler offenses.
- Criminal record — Not only will your prior criminal background be considered, but also your educational background. Therefore, you are more likely to reduce felony charges if you have no criminal record.
- Context — The judge will review the circumstances around the commission of your crime. For example, if there is minimal personal injury, this can work favorably for your motion.
- Probation — When you comply with terms of probation, this can look favorable. For example, paying restitution can benefit your motion.
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When Do I Need a Misdemeanor Defense Attorney?
Immediately after you have been charged or arrested, contact a misdemeanor defense attorney. At Thompson • Garcia Law, our experienced lawyers can minimize your risk of conviction, Additionally, our attorneys can determine if your rights have already been violated. If this is the case, we can offer immediate defense options to dismiss charges. If this is not possible, we can work to reduce the allegations against you. This is a viable option if you have a “wobbler” crime. A wobbler offense is one that could be charged as a misdemeanor or a felony, depending on the circumstances.
If you are convicted for a wobbler, you might be given a lesser sentence, such as probation. You are still eligible to have your conviction reduced as long as you are not sentenced to state prison. You can pursue a certificate of rehabilitation for added relief. For example, you may be able to get a pardon from the state governor if you are certifiably rehabilitated to pursue options to clear your name.
Arrested for a Misdemeanor? Contact Our Firm for Free Consultation Today.
Do you believe your rights have been violated? Do you need immediate representation? Looking for ways to reduce a felony conviction? Want to try to expunge the charges against you from your permanent record? Because of California’s three-strikes law, even a misdemeanor offense can create difficulties. The more offenses of any kind you have, the harsher the courts can be. Even a first-time misdemeanor offense can start a downward spiral in the court. If you need reliable criminal defense representation, contact our defense attorneys now.
We know that misdemeanor offenses can result in life-altering consequences. For this reason, we offer a free initial consultation. In addition, our English- and Spanish-speaking staff are available 24 hours a day. Do not gamble with your future by settling on a public defender. Retain the services of a misdemeanor law firm with a proven track record. Contact us online or call our office at (510) 757-1878 today. We serve clients living or working in Dublin, Hayward, Pleasanton and throughout the Bay Area.
“This is the best of the best law firms in the Bay Area.”- Shirley T.
“This is the firm to retain if, you or a loved one finds themselves in trouble with the law!”- Linda C.
“I am very grateful for the help and support and would recommend this law firm to anybody.”- Tom K.
“The staff is amazing and was extremely patient with us and the troubles that came with our case.”- Maricela G.
“They saved me years of prison time by proving that I was falsely accused of a crime.”- Becky H.