We represent our clients throughout California 58 counties, including Orange , San Diego, El Dorado, Imperial, Kings, Lake, Los Angeles, Napa, Nevada, Riverside, Sacramento, San Bernardino, San Francisco, Santa Barbara, Solano, Ventura, Yolo counties.
Every field of criminal law has its particularities which allow to negotiate or dismiss the crime elements, they are called defenses. There are various crimes while the prosecution has the burden to prove beyond any reasonable doubts that the defendant is guilty and if the prosecutor does not meet this burden, the defendant must be found not guilty. Thus, criminal defenses can help to attain partial or total refuge from penalties. In other words, the charge can be reduced or dismissed.
There are always defenses that can help you avoid penalties. Moreover, sometimes a person can be innocent and, notwithstanding all circumstances, be accused of committing a crime by mistake. We will evaluate your case and engage as fast as possible in your defense for trial.
Every crime has its own criminal defenses. Experienced and professional attorney knows which defenses are to be used in order to obtain the best possible result for his clients.
Below we represent the most common California criminal defenses. We invite you to learn more about criminal defenses in California as well as we are ready to provide answers to your initial questions concerning legal defenses of your specific criminal case in California for free.
1. Lack of Knowledge
The offender often knows that his conduct is unlawful and can result in criminal charges. However, it can happen that a person commits a crime because of lack of knowledge and the professional and experienced attorney must use it in order to defend his client’s rights.
2. Plea Bargains and Dismissals
It can happen that the prosecutor will dismiss the charges cause of lack of evidence. Otherwise, the accused can go to trial and face various penalties or plea bargain. Some cases can be resolved through a plea bargain. The defendant agrees that he or she is guilty; instead of it the charge will be dismissed or reduced. A plea bargain is just a “bargain” between two sides in order to settle the case as soon as possible with best possible outcome for both sides. Often times a plea bargain results in fines or probation sentencing.
3. Self-Defense or Defense of Another
“Some reasonable action taken in protection of self” is considered to be self-defense. Individuals are allowed to take action in self-defense or defense of another if there is actual imminent danger of great bodily injury or death. Such act cannot be considered as a crime and, consequently, the offender will not be subjected to penalties.
4. Police Misconduct
It is not uncommon that police discriminate, fabricate evidence, and force witnesses to give evidence against you. It can result in imprisonment for years or even death penalty for the arrested. However, if you prove this fact, the charges can be reduced or dismissed.
5. Unlawful Arrest or Detention
In order to decide whether the arrest or detention were lawful, it should be probable and reasonable taking into consideration the officer’s training and experience. Professional attorney can help you to understand whether you arrest was unlawful or not.
6. Entering Home without Warrant
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. There are specific aspects in search and seizure a house even with a valid search warrant. We invite you to learn them in our article.
7. State of Insanity
The defendant can be found not guilty by reason of insanity; in this case he or she will be subjected to a psyachtric facility until this person stops being a threat to society.
8. False Confessions
A false confession is supposed to be an admission of guilt, meanwhile the person is innocent. The practice shows that even absolutely innocent persons can admit their guilt after various measures of confession. Likely, it is possible to prove that the confession was coerced and get positive outcome of your case.
One of the most used types of criminal defenses. If the defendant says that he was somewhere else during the commission of the crime, the prosecution must prove that the defendant was present and committed the crime with which he or she is charged. However, do not forget that a person can be found guilty if he or she aided, abetted or conspired with another person to commit a crime.
A person is considered to be involved in entrapment if a law enforcement officer engaged him or her in conduct that would cause a normally law-abiding person to commit the crime. The examples of entrapment may include the following conduct: badgering, repeated and insistent requests, or an appeal to friendship or sympathy.
Have you or a loved one faced accusations of committing a crime in California? The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will evaluate your case and prepare as fast as possible your defense for trial as well as we will negotiate your plea bargain and do our best to get the best possible outcome for you. Do not hesitate to contact us. You will get your legal assistance as soon as you contact us. We handle every aspect of your case, from the first step to the very last court hearing.
You may file your request online, by telephone or by mail. 818-553-1000