The U.S. criminal justice system has detained almost 2 million individuals in various prisons and correctional facilities. If you or your loved ones are convicted of a felony, you’re likely to join this population.
A felony conviction can have a devastating impact on your life. Not only could you face jail time, but you may also be unable to find work or obtain a housing rental.
No one ever expects to be arrested and charged with a felony, but it happens all the time. If you find yourself in this situation, don’t panic.
There are things you can do to fight the charge and get the prosecutor to reduce it or dismiss it altogether. Keep reading for tips on how to build a strong defense against a felony conviction.
Hire an Experienced Criminal Defense Lawyer
The first thing you should do is hire a qualified criminal defense lawyer. An experienced criminal attorney will know how to navigate the criminal justice system and will have a good understanding of the law.
A criminal defense lawyer can also help you understand the charges against you and what to expect in court. They will investigate the case and look for holes in the prosecution’s argument.
If you’re looking for an experienced attorney in Northern California, consider Prentiss Criminal Defense attorneys. You will get the best lawyer to represent you and ensure you get the justice you deserve.
Put Up an Alibi Defense
If you have an ironclad alibi for the time of the crime, this could be a strong defense against a felony conviction.
You will need to prove that you were somewhere else when the crime took place. The evidence will show you could not have committed the crime because you were not at the scene when it occurred. The evidence could be in security footage, witness testimony, or anything else that can corroborate your story.
If you have an alibi, tell your criminal defense lawyer right away. They will need time to gather the evidence and build a strong defense. They’ll also have to notify the prosecutor to ensure they don’t preclude you from raising the defense.
Prove That It Was Self-Defense
If you used force to defend yourself or someone else, this could be a valid defense against a felony charge.
You will need to show that the use of force was necessary to protect yourself or another person from serious bodily harm or death. You will also have to show that you did not instigate the violence. The prosecutor will also need you to prove that you only used the amount of force necessary to protect yourself.
If you can prove that it was self-defense, the prosecutor may dismiss your felony case. They’ll understand that your criminal act was justified as you were protecting yourself or someone else from danger.
Challenge the Police’s Probable Cause
The police need probable cause to arrest you for a crime or search your property. A probable cause is a reasonable belief that you have committed a crime.
If the police did not have probable cause to arrest you, your criminal defense lawyer could file a motion to suppress the evidence. If the judge grants the motion, the court will throw out all the evidence against you. The grand jury may also dismiss your case.
To win a motion to suppress, your criminal defense lawyer must show that there were no articulable facts that could have led to a strong suspicion that you had committed a crime. They will also need to show that the police obtained the evidence against you illegally.
Prove There Was Consent
In some cases, the victim may consent to the criminal act. If you can prove this, the court may drop your felony charges.
For example, if you are charged with assault but the victim consented to the fight, you may not be guilty of the crime. The same is true for a charge of burglary if you had the owner’s consent to enter the property.
To prove that there was consent, you will need to show that the victim agreed to the criminal act. This could be in the form of text messages, emails, or witness testimony.
Prove That the Crime Wasn’t a Felony
If you can show that the criminal act didn’t meet the definition of a felony, you may be able to get your charges reduced. For example, if you are charged with burglary but the value of the property stolen is less than $500, you may be able to have your charges reduced to a misdemeanor.
To prove that the crime wasn’t a felony, you will need to show that it didn’t meet the legal definition of a felony. For example, you might need to show that the value of the property you stole did not meet the felony-theft threshold in your state.
You will need to provide evidence to support your claim. The evidence could be in the form of receipts, bank statements, or expert testimony.
Get a Plea Deal
If you can’t get your charges dismissed, you may be able to negotiate a plea deal with the prosecutor. A plea deal is an agreement between you and the prosecutor in which you agree to plead guilty to a lesser charge in exchange for a lighter sentence.
For example, if you are charged with burglary, you may be able to plead guilty to trespassing in exchange for a reduced sentence.
To get a plea deal, you will need to show that you are willing to cooperate with the prosecutor and remorseful for your actions. You will also need to show that you are not a danger to the community.
The prosecutor will also consider your criminal history and the severity of the crime when deciding whether to offer you a plea deal.
Fight a Felony Conviction Like a Pro
Facing a felony conviction could throw your life off course. Fortunately, there are several ways you can fight the charges and improve your chances of getting a favorable outcome. If you’re wondering how to fight a felony charge, start by implementing the tips in our article.
It’s crucial to consult with the best criminal defense lawyer. They’ll help you navigate the criminal justice system and minimize the risk of life-changing consequences.
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