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Criminal Defense

Criminal Defense Attorneys in San Luis Obispo County, CA

Being charged with a crime in California is not something you should take lightly. You should act fast and seek the help of an experienced San Luis Obispo criminal defense attorney right away. When you’re under investigation, law enforcers may use everything you say or do against you. Protect your rights by contacting a reliable criminal defense attorney from 805 Lw Group to help with your criminal case today.

At the 805 Law Group, our Atascadero attorney understands how stressful this situation can be. Regardless of the type of crime or charges you face, working with a competent criminal lawyer at the 805 Law Group  is the best step you can take to reduce or drop the charges against you potentially.

Aggressive and Highly-Personalized Criminal Defense in California

Facing criminal charges in California can be extremely overwhelming and stressful. This is something that you shouldn’t face alone. A criminal defense lawyer experienced with the local court and processes can provide the legal representation you need.

At 805 Family Law Group, we have aggressive and experienced criminal defense attorneys who can negotiate and defend your case on your behalf. Our defense lawyers will carefully examine your situation. We are persistent in preparing the best defense for your case. Consult our San Luis Obispo law office today.

Charged with a Crime?

At 805 Law Group, we represent California residents facing misdemeanor and felony charges in San Luis Obispo and Atascadero, California. We take a personalized approach to every case we handle to provide the best outcome for our clients. We handle a wide range of criminal charges such as:

Our San Luis Obispo criminal defense attorneys will carefully handle your case. Protect your rights and freedom today!

Misdemeanor and Felony Charges

Felonies are the most severe type of crime. In general, a crime is considered a felony when the offense is punishable by more than one year in a state prison or a jail. Some common types of felony are:

  • Rape
  • Murder
  • Burglary
  • Illegal drug sales

On the other hand, misdemeanors are less severe crimes that are punishable by up to one year in county jail. Common types of misdemeanors include:

  • Drunk driving
  • Shoplifting
  • Assault
  • Possession of unregistered firearms

A crime that was a misdemeanor on the first offense often becomes a felony the second time it is committed.
Another type of crime in California is infractions. Less serious traffic law violations are classified as infractions and are typically punishable by just a monetary fine.
Defendants charged with infractions have no right to a court-appointed lawyer or a jury trial. However, even when the offense is as simple as an infraction, repeat offenders may face serious charges or penalties.

Assault Charges & Penalties

The basic description of assault under California Penal Code § 240 is the threat or attempt of violence against another person. It is essential to note that the attempt or threat need not be carried out to face assault charges. An act of violence can be charged separately, as battery under California Penal Code § 242, or as another crime depending on the specific act.

Have you been accused of assault? The most important thing you can do is involve an attorney. When you come to the Law Offices of William Ausman, you will receive aggressive representation every step of the way – whether you have been arrested, formally charged, or accused of assault. An Atascadero assault defense attorney can work with you to develop a strategy that addresses the unique situation at hand.

Criminal Defense Attorney For Assault Charges In San Luis Obispo & Atascadero, CA

The following are a few basic facts about assault charges in California:

  • Simple assault is a misdemeanor offense.
  • Simple assault may be punishable by up to 6 months in jail and a fine of up to $1,000.
  • A defendant may face more serious aggravated assault charges if accused of assault with a deadly weapon or assault committed against a specific type of person, like a police officer, paramedic, or firefighter.
  • Aggravated assault may be charged as a misdemeanor or a felony.
  • Aggravated assault may be punishable by up to 3 years in jail or prison and a fine of up to $2,000.

Since 1998, our firm has provided legal representation to clients across San Luis Obispo County and the surrounding communities. We know you have obstacles to overcome, and these may seem impossible in the face of assault charges. The right approach and aggressive defense of your constitutional rights will give you a fighting chance to avoid maximum penalties, a conviction, or even formal charges in the first place. It starts with involving an Atascadero criminal defense attorney.

Common Punishments for Criminal Charges in California

Criminal cases carry challenges and nuances. However, not all criminal convictions are the same. Depending on your case’s facts and specific circumstances, the penalties you will face may differ from someone who committed the same crime. The most common penalties in San Luis Obispo include:

  • Probation
  • Fines
  • Incarceration
  • Diversion programs
  • Community service

Additionally, a criminal conviction may bring other consequences that may affect your housing, employment, business, or social status.

Don’t let a criminal charge affect your life. Consult with our reliable and experienced criminal defense attorneys today to know how we can help protect your rights and freedom in San Luis Obispo and Atascadero, California.

For additional information about how driver’s license suspensions are handled by our office, please contact our firm today.

What to Do After an Arrest in California

When dealing with an arrest in California, it is essential to keep calm and patient until you talk to a criminal defense attorney. Showing disrespect, aggression, or resistance to the officers may only aggravate the situation. Regardless of how you feel about the arrest, it is best to avoid instigating any trouble with the authorities. Consult a reliable criminal defense attorney in San Luis Obispo or Atascadero today to get the legal assistance you need. We will help you protect your rights and defend your freedom.

If you’re arrested in San Luis Obispo or Atascadero, here are a few things you need to keep in mind:

Keep Quiet

If you’re under arrest in California, you should know that you can’t talk your way out of an arrest. The most important thing to do is to be respectful and cooperative towards the arresting officers.

Once you’re in the custody of the police, you may ask to talk to a criminal defense lawyer. At 805 Law Group, we will take your case seriously and ensure a positive outcome for your case.

Knowing Your Miranda Rights

Before talking to the police, you must be made aware of your rights. Several offenses in California may carry indeed charges that you may not realize right away.

Once you’re arrested and charged with a criminal offense, you automatically become a criminal defendant.

Under the Constitution, under the Fourth, Fifth, and Sixth Amendments, you have the right to certain protections under the law.

The Miranda warning requires officers to let you know of your rights after an arrest before they can question you. An officer who is going to question you must inform you that:

  • You have the right to remain silent.
  • If you say anything, they might use it against you in court.
  • A court-appointed lawyer will be given to you if you can’t afford to hire a lawyer.

Other protections that you have the right to exercise include:

  • The right to confront witnesses
  • The right to a speedy trial
  • The right to Public Trial
  • The right to a Jury Trial

At 805 Law Group, we understand the complexities of criminal law. We will assess your case carefully and provide you with the best solution for your case. Our defense lawyers will ensure that you’re protected in the step of the criminal justice process.

Common Defenses Against Criminal Charges

There are many common defenses to a criminal charge in California. You may argue that the evidence presented in court violated your rights, there are inconsistencies in the case being filed against you, or you had a valid reason for committing the crime.

Self-Defense

You may admit that you used force against someone, but you may argue that it was for self-defense, and you felt threatened by the other party’s actions.

Alibi

You didn’t commit the crime that they’re trying to charge you with. You can provide an alibi that proves your innocence and that you weren’t at the scene where the crime was committed. You may also present witnesses and gather evidence that would counter the prosecution’s case.

Insanity Defense

You may plead insanity to avoid being punished since a criminal sentence is only justified if the offender has full awareness of their actions and has a complete understanding of what they did.

Under the Influence of Alcohol or Drugs

In certain situations, a defendant may commit a crime under the influence of drugs or alcohol. You could use this as a criminal defense if it affected your mental awareness to the point that you can’t be held responsible for your actions.

Entrapment

If law enforcers caused you to commit a crime that you wouldn’t have otherwise committed, then you may use this as a defense in court.

Innocence

Declaring that you’re innocent is one of the most common defenses to criminal liability. You might use this defense if you were wrongly accused of committing a crime.

Constitutional Rights Violation

You might use this defense if the prosecution gathered the evidence against you in such a way that violates your constitutional rights. This includes the Illegal search, seizure, or entry of your house, clothing, or car.
Law enforcers failing to read your “Miranda Rights” or failing to obtain a search warrant at the time of your arrest are constitutional violations that could lead to the suppression of evidence or the dismissal of your case.

Defending Others

Like self-defense, you may use this defense if you have used a justifiable course of action to protect someone in danger or is being threatened by another person.

Other types of defense against criminal charges include:

  • Property defense
  • Necessity
  • Coercion
  • Mistake of law
  • Abandonment
  • Involuntary intoxication
  • Voluntary intoxication
  • Statute of limitations

If you’re being charged with a crime in California, don’t hesitate to seek the legal assistance of a defense lawyer. Consult our San Luis Obispo criminal defense attorneys today to get a comprehensive analysis of your case. We will protect your rights and help defend your freedom.

Aggressive and Reliable Criminal Defense Attorney in San Luis Obispo, California

Facing criminal charges may lead you to feel scared and confused. You don’t have to go through this alone. An experienced San Luis Obispo criminal defense attorney can help protect your rights and defend your freedom. Consult our California law firm today to know how we can assist you in your fight. Schedule a confidential case evaluation today!

Contact a San Luis Obispo Defense Attorney

Call us at (805) 420-7547 or send us an e-mail to schedule an initial consultation with an aggressive and experienced criminal lawyer at our firm.