Marin County Felony Defense Attorney

Hiring a felony defense attorney should be the first item on your checklist. An experienced felony attorney will know how to protect your rights and fight for your interests.

A felony charge is the most serious criminal accusation in the American court system. Felonies can encompass a wide range of criminal activities, including violent crimes, property crimes, drug offenses, and more.

If convicted, they typically result in severe penalties for the accused. These penalties are life-altering — and likely to include substantial prison time, hefty fines, and a criminal record.

If you are accused of one of these common felony crimes, you should consider hiring a defense attorney to represent your case. There are many potential felony crimes — this list does not include all of them:

• Murder
• Robbery
• Burglary
• Rape
• Drug Trafficking
• Assault with a Deadly Weapon

See the criminal charges we can help you face.

In California, felonies are categorized into three main degrees: first degree, second degree, and third degree.

A first-degree felony is the most severe and usually involves crimes that are premeditated, planned, or considered exceptionally heinous.

Second-degree felonies are less severe than first-degree felonies but still carry significant penalties. These offenses are often considered crimes of passion or impulsive acts.

Third-degree felonies are generally less severe than the first two degrees and often involve crimes that are not premeditated or are less violent. 

The key difference between a felony and a misdemeanor lies in the severity of the crime and the potential penalties that accompany it. Marin County provides their own definitions of a felony and misdemeanor on their website, which we sum up for your here:

A felony is a serious criminal charge reserved for acts considered highly dangerous or morally reprehensible. The consequences include longer prison sentences, large fines, and a permanent criminal record.

A misdemeanor is a less serious criminal charge, but still a serious matter. Misdemeanors are generally punishable by shorter sentences and smaller fines.

Wobbler crimes are a unique aspect of California law that allows certain offenses to be charged as either felonies or misdemeanors, depending on the specific circumstances of the case and the prosecutor’s discretion.

The decision to charge a wobbler crime as a felony or a misdemeanor often depends on factors such as the defendant’s criminal history and the nature of the offense.

• Assault with a Deadly Weapon
• Grand Theft
• Domestic Violence
• Drug Possession
• Burglary
• Child Endangerment
• Elder Abuse

The “Three Strikes” law in California is a controversial law that can lead to a longer sentence for individuals convicted of three felonies — regardless of the crime or its normal sentence. The law was designed to deter repeat offenders and keep them incarcerated for extended periods.

The end result of receiving “Three Strikes” can lead to significantly increased penalties for individuals with prior felony convictions.

1. First Strike: Upon a first felony conviction, it counts as the first “strike.”
2. Second Strike: If a person with one prior strike is convicted of a new felony, the new felony counts as the second strike. This results in a 5 year sentence “enhancement”.
3. Third Strike: If a person with two prior strikes is convicted of a new felony, the new felony counts as the third strike. This leads to a mandatory minimum of 25 years imprisonment, with a possibility for life imprisonment. 

The “Three Strikes” law carries a lot of implications for someone accused of a felony in California — namely the potential for -life sentences for repeat offenders.

This law underscores the importance of a defense against felony charges and the need to seek legal representation.

The specific penalties for a felony conviction in Marin County will depend on a number of factors. Judges will typically assess the nature and circumstances of the crime and weigh it against your criminal history.

Prison sentences for felonies in California can range from a few years to life imprisonment, depending on the severity of the offense.

Some of the factors that can affect the length of a prison sentence include:

• Whether it is a first, second, or third strike under the “Three Strikes” law.
• Special circumstances, such as the use of a firearm during the commission of a crime.
• The nature of the crime, such as violent crimes or sex offenses, often resulting in longer sentences.
• Aggravating factors or prior convictions on the defendant’s record.

In addition to prison time, felony convictions may also result in substantial fines, mandatory parole or probation, restitution to victims, mandatory counseling or rehabilitation programs, and a lifelong criminal record that can affect future employment and housing prospects.

A felony conviction can have a profound and lasting impact on an individual’s life, affecting various aspects of their personal and professional life. Some of the consequences of a felony conviction include:

• Employment
• Housing
• Civil Rights
• Education
• Immigration
• Personal Relationships
• Mental Health

Many employers conduct background checks, and having a felony on your record can limit your job opportunities.

Landlords often conduct background checks on potential tenants, and a felony conviction can make it challenging to secure suitable housing.

The stress and stigma associated with a felony conviction can impact mental health and well-being.

The list goes on and on.

Defendants in Marin County should familiarize themselves with the unique aspects of their local court system. 

It is important to understand the various court appearances and proceedings that may be involved in your case. A felony case typically follows a series of stages, each with its own purpose and procedures.

The arraignment is usually the first court appearance. During an arraignment, a defendant is formally informed of the charges against them, and they are given an opportunity to enter a plea.

The three common pleas are:

1. Guilty: Admitting to the charges, which can lead to a conviction.
2. Not Guilty: Denying the charges, which triggers the trial process.
3. No Contest (Nolo Contendere): Not admitting guilt but not contesting the charges. This plea is treated as a guilty plea for sentencing purposes.

At the arraignment, the court may also address bail, release conditions, and set future court dates.

Following the arraignment, there may be pretrial hearings. At this time, the prosecution and defense may engage in negotiations, present motions, and exchange evidence. These hearings aim to streamline the legal process before trial.

If a resolution cannot be reached through negotiation or dismissal, the case proceeds to trial. Felony trials involve multiple stages, including jury selection, opening statements, presentation of evidence, cross-examination, and closing arguments. The outcome of the trial is determined by the jury’s verdict.

If the defendant is found guilty or pleads guilty, a separate sentencing hearing is held. The court considers various factors, including the defendant’s criminal history and any mitigating or aggravating circumstances. The judge then determines the appropriate sentence.

If a defendant is convicted and believes that errors or injustices occurred during the trial or sentencing, they have the option to file an appeal. The appellate process allows for a review of the trial court’s decisions, with the goal of potentially overturning the conviction or securing a more favorable outcome.

Failing to appear in court when required can have severe consequences. If you miss a court date, the judge may issue a bench warrant for your arrest, which means law enforcement can detain you and bring you before the court. Additionally, missing court appearances can negatively impact your case and result in additional charges for failure to appear.