- Criminal DefenseA trial lawyer has specific skills and talents that are a key element to a defense case, and this talent is a separate issue than knowledge of the law. Both are necessary, but without trial abilities, no matter how well trained your Sacramento criminal defense attorney is, they can fail to sway the jury or judge that you need when you are hoping to avoid a conviction. The firm provides professional, aggressive defense law to those facing criminal charges of all types. Trial Process
- DUI/DWIThe post trial process can include an appeal for a new trial. Filing an appeal includes a review of the facts and the law of the trial and determines whether the verdict was within the bounds of the law and sound procedurally. Once the notice of appeal has been filed, an appeal can be file briefs, as will the state prosecutor. There is a short window of time in which to file a motion for a new trial, after a conviction but prior to sentencing. DUI
- Traffic ViolationsSometimes prosecutors allow defendants who are under the influence of alcohol and drive recklessly to make a plea of nolo contendere for reckless driving with a notation that alcohol was entailed; those are called “wet reckless” convictions. Although they may carry smaller penalties, they still count for purposes of calculating prior alcohol-related offenses should you be caught driving drunk later. Felony DUIs
- Sex CrimesIf you or a loved one has been charged with a sex crime, it could not be a more dangerous situation with regard to the potential for incarceration. State prosecutors are intent on getting convictions in these cases, as is their duty, and will go the distance to gain evidence that they believe will lead to a conviction. If convicted, you have the real possibility of prison time, as well as the requirement of being registered as a sex offender when you are finally released. This essentially will destroy your personal and professional reputation forever, and it is vital that defense actions are taken immediately. Contact a Sacramento criminal lawyer immediately if you have been accused of any kind of sex crime. Solicitation
- FraudWhite collar crimes are crimes motivated by financial gain, and they are typically non-violent. We have handled many white-collar charges, including bribery, cybercrime, embezzlement, fraud, forgery, infringement, identity theft, insider trading, health care fraud, workers’ compensation fraud, mortgage fraud, and money laundering. For example, under California Penal Code 503, embezzlement occurs when someone takes money or property entrusted to him or her. White collar crimes can be charged as misdemeanors or felonies, with felonies being punishable by incarceration in state prison for at least a year. There is an aggravated white collar crime enhancement in which two to five years can be added to your prison sentence if you are convicted of a serious white collar crime, such as fraud, and you also have two prior white collar convictions. Weapons Crimes
- RobberyThe gang enhancement provisions may also be used in certain cases to impose a life sentence. Among the convictions that may be increased this way are home invasion robbery, carjacking, and drive-by shootings that cause death or great bodily injury. If the underlying conviction is for a felony punishable by life imprisonment and you are subject to a gang enhancement, you will not earn a credit towards parole eligibility until you have served at least 15 years in prison.
- White Collar CrimesWhite collar crimes are unlike typical criminal offenses in many respects. The primary difference, however, is the motivation of financial gain that backs almost all criminal offenses of this nature. Specifically, white collar crimes are transgressions that were committed through deceit; almost always these deceitful actions are considered to have been made for the sole purpose of reaping financial gain. As such, the two main components of white collar offense are 1) deceit, and 2) financial gain. Types of White Collar Offenses
- Theft
- MisdemeanorsCriminal records are easily obtained over the Internet. If you were convicted of a misdemeanor or felony, you may face negative consequences for your personal and professional life. Under certain circumstances, the California Penal Code allows you to seek and obtain expungement of your criminal record. Expungement allows you to lawfully answer no if you are asked on job applications whether you have been convicted. Generally, to be eligible for expungement, you must have completed probation successfully or received early release, you must have paid fines that were ordered, and you must not be charged with a crime or in the midst of serving your sentence. Possible alternatives to expungement include a certificate of rehabilitation or a pardon.
- Embezzlement
- Drug CrimesIt may be considered that our state is lenient on drug offenders. In fact, although the possession of a small amount of marijuana has essentially been decriminalized, a person found to be in possession of the substance in a quantity above the threshold amount can be in serious legal trouble. Seeking alternatives to conviction or incarceration should be the first order of business in any drug crime accusations. Whether you are facing charges related to possession, intent to sell, transportation, or drug manufacturing, you need to ensure your rights and interests are protected. Domestic Violence
- Assault
- MurderCalifornia’s complex murder law is codified in Penal Code section 187(a). It is defined as "the unlawful killing of a human being or a fetus with malice aforethought.” “Malice aforethought” refers to the accused’s state of mind at the time he or she acts to cause the killing. First-degree murder is charged against someone who killed another using destructive devices, using poison, by lying in wait, or by inflicting torture.
- Identity Theft
- HomicideCalifornia has very strict gun laws, as well as statutes that allow for severe punishments to be imposed when a weapons of any type is used in the commission of a crime. In cases in which the ATF is involved, the matter is even more serious, as the situation will be addressed in federal court, which has tough sentences for all types of gun and weapons charges. The three strikes law can also be a situation that could lead to heavier sentencing for those who have a prior criminal record. Homicide
- ArsonViolent and serious felonies are punished the most harshly; they include felony DUI, mayhem, kidnapping, murder, involuntary manslaughter, arson and others. California’s three strikes law is a sentencing rule that significantly increases the prison sentences of repeat offenders who are convicted of violent and serious felonies.
- Restraining OrderDomestic violence is a crime involving violent, abusive, or threatening behavior by one family or household member against another. When law enforcement arrives on the scene of a domestic dispute involving violence, they need to determine who is the primary aggressor and arrest that person. There are situations in which the victim is arrested, or multiple people are arrested. It is vital to retain an experienced attorney if you have been charged with domestic violence. If you are convicted of domestic violence, you can face mandatory minimum jail time, a requirement that you participate in a domestic violence class, restitution, fines, restraining orders, loss of custody rights, and loss of gun rights. Frequently, domestic violence cases benefit from an aggressive attorney like Michael Wise who can have witnesses interviewed, forensic data retrieved from phones and other helpful information presented to the District Attorney or the Court to better explain the complex relationship that might not be otherwise obvious to the Court and try to get the case dismissed or reduced. Michael Wise previously served as a domestic violence prosecutor and knows how to negotiate those cases to the benefit of his clients. Violent Crimes
- Forgery
- Money LaunderingIf you were arrested for an offense that was motivated by financial gain and involved deceit to any degree, you could be facing charges for a white collar crime. From fraud, to bribery, to money laundering, we can help defend you against the charges you are now facing as a result. How Wise Law Group, PC Could Help You
- KidnappingThe types of violent felonies that may increase prison terms and subject you to 25 years to life in prison under California’s three strikes law are enumerated in Penal Code section 667.5. The list includes murder, mayhem, certain types of rape and sexual assault, felonies punishable by death or life imprisonment, robbery, arson, attempted murder, kidnapping, carjacking, domestic violence, aggravated weapons charges, and battery against a police officer. When a conviction is secured on a third strike under the three strikes law, the convicted individual must serve at least 85% of his or her sentence before becoming eligible for parole. Defenses to Charges Involving Crimes of Violence
- ManslaughterThe various forms of homicide are the most serious of all criminal accusations, and in capital murder charges, the death penalty is a real possibility. Most of those who are accused of a homicide offense plead "not guilty" - making the need for an aggressive, quality defense attorney a critical issue. Whether facing charges of first degree or second degree murder, voluntary manslaughter or involuntary manslaughter, you could expect a long prison term, or worse, if convicted. Sex Crimes
- ProstitutionThere are a variety of new activities that law enforcement is engaging in to identify and arrest those who are involved in solicitation, including reviewing ads on Craig's List and other internet sites that could be used for selling sexual acts. If you are accused of solicitation, you need to ensure that you have aggressive, quality legal counsel to represent you and fight for your defense. Prostitution
- ExtortionThe second subdivision of Penal Code section 186.22 describes a “special allegation” that enhances the penalty for a gang-related crime by 2-10 years depending on whether the underlying felony is considered a serious or a violent crime. If a special allegation is being sought, a prosecutor must first secure a conviction for the underlying felony. Examples of serious felonies under this law include certain drug crimes, and assault with a deadly weapon against a police officer. Violent felonies include murder, mayhem, certain sex crimes, and extortion.
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