Oakland Criminal Charges We Defend
Summit Defense defends clients across Oakland and Alameda County against a wide range of charges. Some cases involve one wrong decision. Others involve false accusations, misunderstandings, or aggressive charging decisions that don’t match what actually happened.
No matter what you are facing, our approach is the same: investigate early, challenge the evidence, and position your case for the strongest possible outcome.
Trespassing
Under California Penal Code Section 602, trespassing occurs when you enter or remain on someone else's property without permission. This crime may be charged as either an infraction or a misdemeanor, depending on the situation.
Our defense team examines all angles, from challenging property boundary evidence to proving you had implied permission to be there. Penalties may involve fines of up to $1,000 and possible jail time. Skilled legal representation is essential in this situation.
Theft
California Penal Code Section 484 defines theft as unlawfully taking someone else's property. The value of stolen items determines if you face petty theft or grand theft charges. A conviction for petty theft could result in up to six months in county jail. A conviction for grand theft could result in up to a year in county jail.
We investigate every aspect of your case, from questioning witness credibility to exploring possible mistaken identity. Our attorneys have helped many clients get theft charges reduced or dropped through careful evidence analysis and strategic negotiation.
Assault
Simple assault, according to California Penal Code Section 240, is an illegal attempt to harm someone physically. The prosecution must prove you had the ability to inflict force and acted willfully. A conviction could result in up to six months in county jail and a fine of up to $1,000.
We gather witness statements, surveillance footage, and medical records to build strong defenses. Many assault cases result from misunderstandings or self-defense situations, which we can efficiently argue in court.
Drug Crimes
The California criminal justice system treats drug crimes based on the type and amount of substance involved. You might face charges for possession, intent to sell, or drug trafficking. Under Proposition 47, many drug possession cases now qualify as misdemeanors instead of felonies when criminal charges are filed against you.
We defend clients against every type of drug offense with proven success. Our DUI lawyers handle cases involving controlled substances, too. We know what it takes to get charges dismissed - from challenging illegal searches to fighting evidence in court.
Our defense team works hard to protect your legal rights. Best of all, we help clients access drug treatment programs instead of jail time.
DUI
Under California Vehicle Code Section 23152, driving with a blood alcohol content of 0.08% or higher is illegal. First-time offenders face up to six months in jail, fines, and license suspension.
We scrutinize every detail, from breathalyzer maintenance records to field sobriety test conditions. Our background with DUI cases helps us spot procedural errors that can lead to reduced charges or dismissals.
Domestic Violence
California Penal Code Section 273.5 makes it a crime to cause physical injury to an intimate partner. These cases often arise from complex family situations and can lead to protective orders. This crime is typically charged as a felony and could result in up to four years in state prison.
We know the emotional nature of domestic violence cases. Our attorneys work to uncover the full story, challenge false allegations, and protect your rights to maintain family relationships.
Child Molestation
Charges under California Penal Code Section 288 involve lewd acts with minors. These serious accusations require an aggressive defense strategy and careful handling of sensitive evidence.
Our legal team has years of experience fighting false accusations and excessive actions by prosecutors in child molestation cases. We work with expert witnesses and conduct thorough investigations to protect your rights.
Sexual Assault
Sexual assault charges under California Penal Code Section 243.4 involve touching intimate parts of another person without consent. These cases demand careful investigation and strategic defense planning.
We protect your rights while building a strong defense based on consent issues, mistaken identity, or false accusations. Our attorneys handle these sensitive cases with discretion and professionalism.
Rape
California Penal Code Section 261 defines rape as non-consensual sexual intercourse accomplished through force, fraud, or coercion. These charges carry severe penalties, including substantial prison time. A conviction could result in up to eight years in state prison and a fine of up to $8,000.
Our defense team investigates every aspect of rape allegations, from challenging DNA evidence to exposing inconsistencies in witness statements. We work hard to defend your freedom and protect your reputation.
Murder
Under California Penal Code Section 187, murder charges require proof of malice aforethought. First-degree murder carries potential life sentences, while second-degree murder penalties vary based on circumstances.
We bring extensive proficiency in defending murder cases, from challenging forensic evidence to presenting alternative theories of the crime. Our attorneys carefully review every detail to build the strongest defense for you.
Key Defense Strategies in Oakland Criminal Cases
Every case is different, but there are certain defense strategies that show up repeatedly in Oakland criminal matters. The right strategy depends on the evidence, the charge, and what the prosecution must prove.
Challenging the Evidence
The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak, inconsistent, or improperly collected, the case may be vulnerable to reduction or dismissal.
We often challenge:
- Inaccurate or exaggerated police reports
- Inconsistent witness statements
- Unreliable eyewitness identification
- Poor-quality surveillance footage
- Lack of physical evidence tying you to the alleged crime
- Evidence obtained through unlawful searches or improper procedures
When evidence is obtained illegally, we may be able to file a motion to suppress it. If key evidence is excluded, the prosecution may be left without a case they can prove.
Self-Defense and Justification
In violent crime and assault cases, self-defense may apply. California law allows people to protect themselves under certain circumstances, but self-defense claims must be handled carefully.
We may work to establish that:
- You faced an immediate threat of harm
- You acted reasonably based on the circumstances
- You used force only to prevent injury to yourself or someone else
- The situation escalated due to the other party’s behavior, not yours
Many cases that look serious on paper began as chaotic, fast-moving situations where fear and survival instincts kicked in. Our job is to bring the full context back into the case.
Alibi, Timeline, and Mistaken Identity Defense
In some cases, the strongest defense is proving you were not the person involved or that you were not where the prosecution claims you were.
We may use:
- Receipts and location data
- Phone records and digital timelines
- Surveillance footage
- Witness testimony
- Work records or transportation logs
Mistaken identity is more common than many people realize, especially in high-stress situations, low lighting, crowded environments, or when witnesses only saw parts of an incident.
Constitutional Violations
Law enforcement must follow strict constitutional rules. If those rules are violated, it may be possible to reduce or dismiss your charges.
Constitutional issues may include:
- Illegal search and seizure
- Unlawful traffic stops
- Improper interrogations or pressure tactics
- Failure to respect your right to remain silent
- Evidence obtained without proper warrants or legal justification
Even when police believe they are doing the right thing, mistakes happen. Those mistakes can become the foundation of a strong defense.
Negotiating Reduced Charges or Alternative Resolutions
Not every case ends in a trial. In many Oakland criminal cases, negotiation becomes a major part of the strategy. But negotiating effectively requires preparation.
We help you understand:
- What the prosecution is offering
- What the plea actually means long term
- What penalties you may face if you accept or reject the deal
- Whether a plea avoids harsher outcomes or creates new problems later
In some cases, alternative resolutions may be possible, including reduced charges, reduced penalties, or outcomes designed to avoid a felony conviction.
