Law Office of José Alfredo Hernández A.P.C
IMMIGRATION & CRIMINAL DEFENSE FIRM
Fighting for your rights
of a better future.
HAVE YOU BEEN ACCUSED OF COMMITTING A CRIME?
WE ARE READY TO HEAR YOUR SIDE OF THE SORY.
In California, an individual can be charged with a misdemeanor or a felony, although some charges are categorized as wobblers, meaning they can be charged as either.
Attorney Hernandez is ready to hear your side of the story and to provide you with competent advice and representation that will ensure justice is served in your proceedings. Whether it is negotiating the appropriate disposition of your case, filing appropriate motions or taking your case to trial, we are ready to serve you.
If you have been charged with any of the following misdemeanors of felonies, contact us today!
• Child Endangerment
• Domestic Violence
• Driving under the influence (DUI)
• Driving on a suspended license (DSL)
• Driving without a license (DWL)
• Drunk in public/ Public Intoxication
• Drug Crimes
• Failure to appear
• Firearm/Weapon Offenses
• Hit & Run
• Identity Theft
• Insurance Fraud
• Possession / Possession for Sale
• Restraining Orders
• Sexual Crimes
• Theft Crimes
• Warrants (Recalling warrants)
"THE RIGHT ATTORNEY WILL IMPACT YOUR OUTCOME"
WHAT IS THE DIFFERENCE IN HOW A CRIME IS CHARGED?
What is a Felony?
A felony is the most serious classification of crimes. It is punishable by incarceration of more than a year in prison and in some cases, life in prison without parole or capital punishment. Examples of felonies include murder, rape, kidnapping, robbery and sexual crimes. Depending on the crime, the punishment will vary.
What is a Misdemeanor?
Misdemeanors are crimes for which a maximum sentence is 364 days in county jail. The distinction between misdemeanors and felonies lies within the seriousness of the crime. Some crimes that are initially charged as felonies, can be reduced to a misdemeanor with an attorney filing a motion to reduce those charges and having the court grant that request under California Penal Code section 17(b). These offenses are known as wobblers. Likewise, there are some misdemeanors that can be reduced to infractions pursuant to California Penal Code section 17(d).
What is an Infraction?
Infractions are crimes for which jail time is not a possible. They are punishable by fines which usually can be paid without going to court. However it should be noted that a failure to show up to court on an infraction can lead to a misdemeanor charge of failure to appear.