Felony CasesBy definition, a felony case is one where the defendant can be sentenced to state prison for years or even life. By contrast, a misdemeanor case is one where the defendant can only be sentenced to county jail for up to one year. I am experienced in all felony and misdemeanor cases. Some cases can be either a felony or misdemeanor, depending on the amount of loss or injury. These are called "wobblers". Typical felony cases include murder, rape, drug sales, domestic violence, child abuse, theft where the amount of loss exceeds $1000. Felony cases are more serious then misdemeanor cases. Good lawyering is essential when defending felony & misdemeanor cases to achieve good results.
Misdemeanor CasesMisdemeanor cases are by definition ones where the defendant can be sentenced to county jail for up to one year. The maximum exposure on a misdemeanor is up to one year in County Jail. Typical misdemeanors include, driving while under the influence of alcohol or drugs, prostitution, theft under $1000 and now possession of drugs. I have experience in defending all misdemeanor cases.
DUI, Drug Cases, Domestic Violence & TheftDriving under the influence of drugs or alcohol are usually misdemeanor cases, meaning a maximum exposure of one year in county jail. Same for possession of drugs for personal use. However, these cases can become more serious if a defendant has prior convictions on their record. Sentences for these crimes vary from county to county and jurisdiction to jurisdiction. Sometimes “home confinement” can be negotiated or day for day credit in a rehabilitation program can be obtained. I have defended numerous dui, drug, domestic violence & theft cases in Orange County and multiple jurisdictions in southern California.
Motions to Vacate a Conviction
Post Conviction Relief under California Penal Code 1473.7 PCUnlike other post conviction relief options, a motion to vacate a conviction or sentence under California Penal Code § 1473.7 PC can be filed while in custody or after you have been released. Daryl Anthony, Orange County criminal defense lawyer, is an expert on this type of post conviction relief and has already helped numerous individuals challenge their convictions in order to clean their record and/or not be deported. The motion can be based on either:
1. A prejudicial error which damaged the defendant’s ability to meaningfully understand, defend against, or knowingly accept the actual or potential adverse immigration consequences of a plea of guilty or nolo contendere (“no contest”); or
2. Newly discovered evidence that can prove innocence.
A motion to vacate a conviction or sentence under Penal Code § 1473.7 became effective on January 1, 2017. It is a brand new tool that can be used to challenge a conviction like never before. Prior to this, there was a very small window of opportunity to challenge a conviction, and most people could only accomplish this by filing a habeas corpus petition while still in custody.
Without this new motion, once people were released from custody, all rights for challenging their conviction were lost. Penal Code 1473.7 will open doors for many people, and a motion need only be made with “reasonable diligence” after the defendant receives a Notice to Appear in immigration court or after a deportation order becomes final.