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WHAT IS THE DIVIDING LINE BETWEEN A FELONY AND MISDEMEANOR DUI IN LOS ANGELES COUNTY?
It is an important question when it comes to DUI cases as to whether they will be charged as a felony or a misdemeanor. When is a DUI a felony in California? The reason this distinction is so important is because with a felony comes mandatory jail or prison time and a felony conviction on your record. On the other hand, with a misdemeanor you will likely not have to do any jail time and you can eventually get the misdemeanor conviction dismissed. Contact a Los Angeles felony DUI lawyer at our law firm to review your case.
The key dividing line between a felony DUI and a misdemeanor DUI in Los Angeles is how seriously anyone is injured because of the actions of the intoxicated driver. If the prosecutors believe they can prove that a victim sustained a “serious injury” then they will file the case as a felony and try and get all of the punishments and consequences that come along with the felony. Over the course of the past twenty five years I have battled it out with the prosecutors over this exact issue of how serious the injury truly is and whether my client caused it or not. The end result of this battle will usually dictate what happens to the client. Early intervention into your case by an experienced Los Angeles DUI lawyer from our office can have a dramatic impact on the outcome.
When I first meet with a DUI client, it is important that they give me all of the important details related to the case and themselves. Trying to put a pretty spin on what happened will usually end up hurting the client in the end. I need the straight truth and to know as soon as possible what the prosecutor and police are going to say, so I can begin the process of defending you and minimizing the damages a DUI can carry. In addition to getting the story about what happened, I also need to know you and the type of person you are and what you stand to lose by going into custody and they I can fight the right way with the right information. See related: Factors Between a Misdemeanor or Felony DUI Case.
There is no sugar coating it, if you plead guilty to a felony DUI case in one of the Los Angeles County courthouses, you are going to be taken into custody for a period of time. The minimum jail sentence for a felony DUI in Los Angeles is ninety days in the county jail. The issue as to how much time, hinges on a number of important factors related to your prior criminal record, the extent of the injury to the victim or victims and your conduct related to the accident that led up to the victim being injured. You have much at stake. Don’t just plead guilty. Call a skilled Los Angeles DUI defense lawyer from our office.
There are a number of mitigating moves that can be made by you and your Los Angeles DUI attorney that can save you time in custody and assist in resolving the case is the most efficient manner possible. Not all driving under the influence cases can or should be handled the same way, because cases always spin on facts that are specific to what happened and the person’s past and present situation. Your best bet is to sit down with a profession DUI lawyer in Los Angeles who has been down the road you are about to travel and had success and is battle tested in felony DUI defense.
In my experience you should meet with the DUI attorney that you are considering hiring and ask them all of the questions you have before making any decision. Remember, your Los Angeles DUI attorney is your champion and the one that will be representing your story to the prosecutors and judge. You should feel comfortable with your advocate and help them to the best of your ability.
Driving under the influence is charged either as a misdemeanor or a felony. A felony charge has more severe penalties and if you are facing a felony DUI. The Los Angeles felony DUI defense lawyers at the Hedding Law Firm want to either get your charge completely dismissed or reduced to a misdemeanor.
Most DUI charges are charged as misdemeanors but certain factors can elevate the charge to a felony. Facing a Felony DUI charge is a serious legal situation that requires an experienced defense lawyer. We have a combined 75 years of experience and DUI cases in Los Angeles is part of our expertise. We are familiar and knowledgeable on the whole DUI court process and defenses to assert in your favor.
Usually, a fourth DUI conviction, a DUI with injury or vehicular manslaughter will be charged as a felony in California. A DUI with injury is considered a “wobbler” meaning that it can be charged as a misdemeanor or a felony depending on the severity of the injury and the blood alcohol level; this is within the discretion of the District Attorney and this is where our Los Angeles felony DUI lawyers will step in as your advocate and do everything we can to avoid a felony DUI charge.
A felony DUI charge can result in years in jail or state prison not to mention loss of privilege to drive. If you are facing a felony DUI charge do not waste another second and call us to set up a free case consultation. A Los Angeles felony DUI lawyer from our office will take the necessary time to develop a compelling defense strategy against your DUI charges. Our law firm must first review all the details of your case. It is critical that you call our Los Angeles DUI defense law firm immediately as witnesses can become difficult to locate and finding other potential exonerating evidence is vital in your felony drunk driving case. Call our office for a thorough review of your case.