Are you facing criminal charges in Oakland? If so, count on our Oakland criminal defense attorney to provide you with the defense you deserve. The experienced criminal defense lawyers at Summit Defense understand the stress and uncertainty you’re experiencing. We are here to defend your rights and create a solid defense for your case.
Our Oakland Criminal Defense Attorney Believes in Innocent Until Proven Guilty
At Summit Defense, our commitment to criminal law runs deep. As a top criminal defense law firm, we know that anyone can become involved in the criminal justice system. Our experienced criminal defense attorneys will defend your rights with strong commitment.
Our track record speaks for itself, as we have helped many clients in the San Francisco Bay Area get their cases dismissed or achieve not-guilty verdicts. From the moment you step into our law office, you’ll see the difference our client-centered approach makes.
We take pride in building personal relationships with each client because you deserve personal attention for your case. Our attorneys will provide exactly that with their proficiency and expertise, and every legal strategy we develop is tailored to your unique situation.
Our lawyers have diverse backgrounds and hold degrees from top law schools. Our experience on both sides of the legal system gives us valuable insights. Additionally, we understand how prosecutors build their cases and approach criminal allegations.
Common Criminal Charges We Defend Against
Our Oakland criminal defense lawyers take on many types of cases. We serve clients across Alameda County and nearby areas. Here’s an overview of common charges we defend against:
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.
The Steps: What Should You Do If You Are Accused of a Crime?
Are you facing criminal charges? If so, your next steps are vital. Here’s what you need to do:
Stay Silent
- Stop talking to police or investigators right away.
- Don’t try to explain your side of the story.
- Remember that phone calls from jail are recorded.
- Tell the police you want a lawyer.
Get Legal Help Fast
- Call us right away – before speaking to anyone else.
- Remember, the Supreme Court gives you the right to a lawyer.
- We will start protecting you against accusations of a criminal offense.
- Let us handle all communications about your case, ensuring every aspect is addressed professionally.
Protect Your Case
- Write down everything you remember about what happened.
- List names and contact details of anyone who saw the incident.
- Save all papers and documents about your situation.
- Stay off social media completely.
- Don’t discuss your case with friends or family.
- Keep copies of any evidence that might help your defense.
Getting the right help early makes a big difference in your case outcome. Even if you’re facing serious charges like sex offender registration, we know how to protect your rights. Now is the time to start planning your defense. Call us now for a free case review.
The Criminal Defense Process in California
The path through the legal system involves several key stages after criminal charges are filed. Awareness of criminal procedure helps you make informed decisions about your defense. Our Oakland, CA, law firm guides clients throughout Contra Costa County through each step of the legal process.
Arrest and Booking Procedures
During arrest, police must read your Miranda rights and follow proper procedures. The booking process includes fingerprinting, photographs, and collecting personal information.
Officers might try to question you during this time. Remember, you have the right to stay silent and ask for a lawyer. We can protect you from making statements that could harm your case.
Our legal team reviews arrest procedures for any violations of your rights that could lead to evidence suppression.
Arraignment and Bail Hearings
At arraignment, you’ll hear the formal charges and enter a plea. We stand with you in court, ensuring you know your options and protecting your rights.
Bail hearings decide if you can be released before your trial begins. We advocate for reasonable bail amounts or release on your recognizance when appropriate.
Our attorneys present compelling arguments about your community ties and flight risk factors to secure favorable bail conditions.
Pre-Trial Motions and Plea Bargains
We file strategic motions to suppress evidence, dismiss charges, or limit prosecution testimony. These pre-trial actions often improve outcomes.
Our seasoned negotiators discuss plea options with prosecutors. We explain all offers clearly, helping you make informed decisions about accepting or rejecting deals.
Sometimes, the best strategy involves fighting charges through trial. We prepare thoroughly for either path.
Trial Preparation and Defense Strategies
Strong trial preparation includes interviewing witnesses, analyzing evidence, and developing compelling arguments. We anticipate prosecution tactics and prepare effective counters.
Our trial experience helps us select favorable jurors and present your case persuasively. We know how to connect with jurors and explain complex legal concepts clearly. Each trial strategy is tailored to your specific situation and the available evidence.
Your Rights When Facing Criminal Charges
The Constitution guarantees essential rights to criminal defendants. Knowing these rights helps protect your interests throughout legal proceedings.
Right to Remain Silent and Avoid Self-Incrimination
The Fifth Amendment protects you from self-incrimination. This right applies from arrest through trial and includes protection from forced confessions.
Police might pressure you to talk, but staying silent can’t be used against you in court. We help you understand when and how to exercise this crucial right. Our attorneys shield you from questioning until we’ve reviewed your case and prepared proper responses.
Right to Legal Representation
The Sixth Amendment ensures that you have the right to a lawyer. This protection ensures you have skilled legal counsel fighting for your interests.
Public defenders often carry heavy caseloads that limit their attention to each case. Our private attorneys dedicate substantial time to building your defense. We provide competent representation through every stage of your case.
Right to a Fair and Speedy Trial
You deserve a prompt trial before an impartial jury. We work to prevent unnecessary delays while ensuring adequate preparation time.
Court procedures must treat you fairly and protect your rights. Our attorneys object to any violations and fight for proper treatment. We ensure you get to confront witnesses and present your full defense.
How an Oakland Criminal Defense Attorney Can Help
At Summit Defense, we put our extensive legal knowledge and trial experience to work protecting your rights and freedom.
Evaluating the Evidence Against You
We conduct thorough investigations in such cases, analyzing police reports, witness statements, and physical evidence. Our criminal lawyers expertly cross-examine witnesses and spot weaknesses in the prosecution’s case. From white-collar crimes to sex crimes, we know how to successfully challenge criminal allegations.
Expert witnesses help us challenge questionable evidence and present alternative explanations. We build strong counter-arguments to prosecution theories.
Our detailed evidence review often reveals constitutional violations or procedural errors.
Negotiating for Reduced Charges or Dismissals
Strong negotiating positions result from careful case preparation and knowing your constitutional rights. We protect your right to a fair trial and leverage prosecution weaknesses to seek better outcomes. Our proven track record shows how often we get cases dismissed through strategic defense work.
Our reputation for trial success encourages prosecutors to offer favorable deals. Sometimes, we can get charges dropped entirely. We explore sentencing alternatives that better serve your interests, working to prevent a criminal conviction from impacting your criminal record.
Representing You in Court for a Strong Defense
Your defense benefits from our extensive trial experience and persuasive advocacy skills. We know how to present compelling arguments to judges and juries.
Our cross-examination techniques expose witness credibility issues and inconsistencies. We tell your story thoroughly and challenge prosecution evidence. Strategic objections protect your rights and preserve issues for possible appeal.
Potential Defenses to Criminal Charges
Different charges require different defense strategies. We select approaches based on your specific situation and available evidence.
Lack of Evidence and Burden of Proof
Prosecutors must show clear evidence of guilt and no reasonable doubts. We highlight gaps in evidence and alternative explanations that create reasonable doubt.
Missing elements of alleged crimes can lead to dismissals or acquittals. Our team identifies these weaknesses early. We hold prosecutors to their high burden of proof throughout your case.
Self-Defense and Justification
California law recognizes your right to defend yourself with reasonable force. We gather evidence supporting self-defense claims.
Justification defenses can apply to various charges. Our attorneys know how to present these arguments effectively. We explain why your actions were reasonable under the circumstances.
Alibi and Mistaken Identity Claims
Strong alibi evidence can defeat criminal charges. We collect witness statements, videos, and records proving you were elsewhere.
Eyewitness identifications often prove unreliable. We challenge identification procedures and present evidence of mistaken identity. Our team works to prove you couldn’t have committed the alleged crime.
Don’t let criminal charges control your future. At Summit Defense, we know the stress you’re feeling right now. Our legal team of Oakland Criminal Defense Attorneys has helped hundreds of clients fight their cases and win. We offer free case reviews to help you understand your options.
