Criminal Law Questions and Answers

Criminal law is often perplexing to people outside the legal realm. This is due to both the unfamiliarity of the subject to non-lawyers and the presence of numerous arcane and obscure concepts and rules within the criminal law arena. Read on to learn more from a Santa Ana criminal defense lawyer about how criminal law works in the State of California. 

What’s the Difference Between a Felony and a Misdemeanor?

A felony is more serious than a misdemeanor, both in terms of the gravity of the crime and the potential punishment. In California, felonies are those crimes for which you can go to jail for more than one year. These include murder, assault with a deadly weapon, and grand theft. Misdemeanors are less serious crimes and include such things as petty theft, vandalism, and public drunkenness.

In California, there is a third category of crimes known as infractions.  Infractions are the least serious type of crime, such as speeding tickets. Someone convicted only of an infraction cannot be punished with jail time. Typically, the punishment is a fine. A person charged with an infraction does not have a right to a court-appointed lawyer or a jury trial.

Is The Process Different For Resolving Misdemeanors and Felonies?

The process for resolving a case in California’s justice system is similar for both misdemeanors and felonies. 

What Is a Wobbler?

The term “wobbler” means that the offense has the flexibility to “wobble” between the classifications of felony and misdemeanor. If an offense was committed and it is labeled as a wobbler offense, that offense may be charged as either a felony or a misdemeanor, depending on the facts and circumstances of the case.

Can Everyone Be Found Guilty Of A Crime?

To be convicted of a crime, the prosecutor must show criminal intent. This is known as “mens rea.” The following two groups are deemed to be unable to have the guilty mind necessary to be convicted of crimes: 

• Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness. 
• Persons who are mentally incapacitated.

How Does a Criminal Case Begin?

A criminal case typically starts when the prosecution, usually a district attorney, files charges in court. This is called a Complaint. A Complaint sets out the crimes for which someone is charged and is typically based on a police report. Private people are not allowed to file criminal complaints. Instead, they file reports with the police.

What Are My Rights If I’m Arrested

If you’re arrested in California, you have several rights:

• The right to remain silent
• The right to an attorney
• The right to a fair and speedy trial
• The right to be free from unreasonable searches and seizures

A Santa Ana criminal defense attorney can help you understand these rights and leverage them so that you get the best possible outcome in your case. 

What Are My Rights If I’m A Victim?

Victims have rights before, during, and after a criminal case. These include: 

• Having their confidential information kept private
• Being reasonably protected from the defendant (person accused of the crime)
• Getting information about the case
• Participating in the court process
• Getting property and money returned to cover financial losses (restitution)

What Are White Collar Crimes?

White-collar crimes are non-violent offenses committed by individuals, typically in business or professional settings, involving deceit or breach of trust for financial gain. These crimes often involve sophisticated schemes and can result in significant financial damage to individuals, companies, or the public. Because these types of crimes are damaging to the state’s economy and society in general, they are taken very seriously. In California, white collar crimes range from fraud to environmental crime to money laundering. Embezzlement is another type of white collar crime, which is taking property or money entrusted to you.

What Is Post-Conviction Relief?

Post-conviction relief refers to the process by which individuals who have been convicted of a crime challenge their conviction. There are two forms of post-conviction relief: rehabilitative and non-rehabilitative. Rehabilitative relief involves expungements, state certificates of habitation, and pardons. On the other hand, non-rehabilitative relief entails extraordinary writs and statutory motions to vacate. To obtain post-conviction relief, you have to be able to show that your rights were violated during the trial or appeal, and you must apply within a one-year period from either the date of conviction or when the direct appeal ends. A common form of post-conviction relief includes a motion to overturn a conviction due to inadequate representation.

What Are Some New Developments in California Criminal Law?

Test kits for fentanyl are now legal. The use of a 3D printer to make a gun or precursor part is now unlawful. These are among the many interesting developments in California’s criminal law over the past several years. Criminal law is constantly evolving in response to legislative changes, court decisions, societal values, and emerging forms of criminal activity, such as cybercrime. 

How Do I Choose The Right Criminal Defense Attorney?

When choosing a criminal defense attorney, there are a variety of considerations that you should take into account to get the strongest representation possible. You should consider how long they have practiced criminal law and the outcomes of their trials. An attorney with extensive experience in both the public and private sectors can help you anticipate the prosecutor’s strategies and craft a strong defense strategy.

Contact The Law Offices of Benjamin Arsenian

At the Law Offices of Benjamin Arsenian, we understand how a criminal conviction can have a negative impact on your life. Our team has extensive knowledge of the criminal justice system and can guide you through the intricacies and nuances of the legal process in order to obtain the best outcome possible. We can evaluate your situation, figure out all of your available legal options, and help you put the past behind you for good. Contact us today for a free consultation.