Criminal Defense

Facing a felony conviction can feel overwhelming, but under California law, there may be hope—even after sentencing. If you or a loved one has been convicted of a felony, you might be eligible to have that felony reduced to a misdemeanor. This legal process can significantly improve your future opportunities, restore certain rights, and lessen the long-term burden of a felony record. We’ll explain the legal framework that allows for felony reductions, the eligibility criteria, and how the process works in California. We’ll also cover the impact a reduction can have on employment, housing, and your civil rights, as well as how an experienced criminal defense lawyer like Andrew Flores at Flore Legal Allies can help you through the process. What Does It Mean to Reduce a Felony to a Misdemeanor? A reduction from felony to misdemeanor means that the legal classification of the crime is downgraded. While both felony and misdemeanor convictions are criminal offenses, felonies carry harsher penalties, longer jail or prison terms, and more lasting consequences. California Penal Code Section 17(b) gives judges the discretion to reduce certain felony convictions—known as “wobblers”—to misdemeanors, either at the time of sentencing or after the defendant has successfully completed probation. This reduction does not “erase” the conviction but reclassifies it, potentially improving your criminal record and its impact on your life. What Is a Wobbler Offense? A “wobbler” is a criminal offense that can be charged either as a misdemeanor or a felony. These types of offenses give prosecutors and judges flexibility based on the circumstances of the case and the defendant’s history. Examples of wobbler offenses in California include: Assault with a deadly weapon Criminal threats Certain theft crimes (like grand theft) Fraud Vandalism (if damage exceeds $400) If your original conviction was for a wobbler, you may be eligible for a reduction after sentencing. When Can a Felony Be Reduced? There are two main opportunities to reduce a felony to a misdemeanor: 1. At the Time of Sentencing If you are convicted of a wobbler felony and are granted probation, your defense attorney can request that the judge reduce the felony to a misdemeanor during sentencing. The judge may agree if the crime was not violent, the circumstances were mild, and you have no serious criminal history. 2. After Probation is Completed If you have already been sentenced and completed probation successfully, you can petition the court under Penal Code 17(b)(3) to reduce the felony. In most cases, you must have: Been granted probation (not sentenced to state prison) Completed your probation without significant violations Paid all fines, fees, and restitution Avoided new criminal offenses Who Is Eligible for a Felony Reduction? Not every felony can be reduced. The eligibility criteria are: The offense must be a wobbler: If the crime can only be charged as a felony (e.g., murder, rape, or some firearm charges), it is not eligible. Probation must have been granted: If you were sentenced to prison instead of probation, you’re generally not eligible unless you obtain a certificate of rehabilitation or governor’s pardon. No serious probation violations: If you violated probation or committed another offense, your chances of reduction are lower, though not necessarily impossible. An experienced attorney can review your case and determine if you meet these criteria. How the Court Decides on a Reduction Even if you are eligible, a judge has the final say. The court will consider: The nature and circumstances of the original offense Your criminal history Your behavior during probation Evidence of rehabilitation (employment, community involvement, etc.) Any opposition by the prosecutor Having a strong legal advocate can help present your case persuasively and highlight your progress since the conviction. Benefits of Reducing a Felony to a Misdemeanor Reducing a felony to a misdemeanor offers several major benefits: 1. Improved Employment Prospects Many employers are hesitant to hire someone with a felony conviction. A misdemeanor may still show up on background checks, but it carries less stigma and may not disqualify you from jobs that a felony would. 2. Restoration of Rights A felony conviction can take away certain rights, such as: The right to own or possess firearms The right to serve on a jury The right to hold certain professional licenses A reduction to a misdemeanor can restore some of these rights—especially if combined with expungement. 3. Immigration Consequences While not a guaranteed solution, reducing a felony to a misdemeanor may help mitigate immigration consequences in some cases. However, immigration law is complex, and the reclassification might not be recognized by federal authorities. Consult both a criminal defense and immigration attorney if this applies to you. 4. Social and Psychological Benefits The psychological burden of carrying a felony record is heavy. Reclassifying the offense can offer a sense of closure and allow you to move forward with greater peace of mind. Can a Felony Reduction Help with Expungement? Yes. In many cases, a felony that is reduced to a misdemeanor may then be eligible for expungement under Penal Code 1203.4. Expungement allows the court to dismiss the conviction after successful completion of probation. While it does not erase the conviction, it changes the record to show that the case was dismissed, which can be very helpful during background checks. A reduction and expungement combination can be powerful in clearing your record to the greatest extent possible under California law. How the Process Works If you believe you may be eligible, here’s what typically happens: Consultation with a Criminal Defense Attorney – Your attorney will review your criminal history, court records, and probation status to determine eligibility. File a Motion with the Court – Your lawyer will file a formal request to reduce your felony to a misdemeanor, citing Penal Code 17(b). Court Hearing – You may need to appear in court. Your attorney will present arguments to the judge explaining why you deserve the reduction. Judicial Decision – The judge may grant or deny the motion, often on the spot or shortly afterward. Follow-Up Steps

When a person is convicted of a crime in California, the court may sentence them to probation rather than jail or prison. Probation gives individuals a second chance—a way to serve their sentence within the community instead of behind bars. But that second chance comes with strict rules. If you’re accused of violating probation, the court won’t treat it lightly. At Flore Legal Allies, we understand how overwhelming it can be to face a probation violation hearing. With offices in San Diego and Los Angeles, our firm is built on listening, guiding, and standing by our clients through even the most difficult parts of the justice system. This will help you understand what happens at a probation violation hearing and how to protect your rights. What Is Probation? In California, probation is a form of supervised release. It allows someone convicted of a crime to avoid jail or prison time by following certain court-ordered conditions. There are two main types: Formal Probation (also known as felony probation): Supervised by a probation officer and typically includes regular check-ins, court appearances, and strict compliance. Informal Probation (also known as summary or misdemeanor probation): No probation officer is assigned, but the individual must follow court-ordered rules. These rules may include: Avoiding further criminal conduct Submitting to drug testing Attending counseling or classes Completing community service Paying fines or restitution Complying with restraining orders Checking in with the court or probation officer Failing to follow any of these terms could trigger a probation violation. Common Ways Probation Is Violated A probation violation occurs when a person breaks the conditions of their release. Common examples include: Missing a court date or probation meeting Testing positive for drugs or alcohol Getting arrested for a new crime Failing to pay restitution or fines Leaving the county or state without permission Failing to complete court-ordered programs Some violations are unintentional, such as misunderstanding a court order or running late to a meeting. Others are more serious, like getting rearrested. Either way, the court has the authority to take action—and the consequences can be severe. What Is a Probation Violation Hearing? If you’re accused of violating your probation, the court will schedule a probation violation hearing—also known as a VOP (Violation of Probation) hearing. Unlike a regular trial, this hearing does not involve a jury. A judge will decide whether a violation occurred and what the consequences should be. Here’s what to expect: Step-by-Step Breakdown of the Hearing Process 1. Notice of Violation Before the hearing takes place, you’ll receive a notice of the alleged violation, usually in the form of a written report by your probation officer or the prosecutor. This outlines what terms you are accused of breaking. If you’re already in custody, the hearing must occur within a reasonable time. If you’re out of custody, you’ll be given a court date to appear. 2. Arraignment At your first appearance (arraignment), the judge will explain the allegations and ask how you plead—admit or deny the violation. If you deny it, a contested hearing will be scheduled where you can present your defense. If you admit the violation, the judge may move forward with sentencing immediately. 3. Contested Probation Hearing If you deny the violation, the court sets a date for a formal hearing. Here’s how that hearing works: No Jury: Only the judge hears the case. Lower Burden of Proof: Unlike a criminal trial that requires proof “beyond a reasonable doubt,” the prosecution only needs to show a preponderance of the evidence—meaning it’s more likely than not that you violated probation. Evidence and Witnesses: Both sides may present evidence. You can testify, bring witnesses, and cross-examine those who testify against you. Probation Officer Testimony: In many cases, the probation officer will testify about your compliance or non-compliance. 4. Judge’s Decision After reviewing the evidence, the judge will decide whether a violation occurred. If the judge finds that you did violate your probation, the hearing will move on to the disposition phase—similar to sentencing. What Are the Possible Outcomes? If the judge finds that a violation occurred, they have broad discretion to decide your punishment. Possible outcomes include: 1. Reinstatement of Probation The court may decide to reinstate your probation under the same terms—especially if the violation was minor or your first. 2. Modification of Terms The judge may continue probation but add new conditions, such as: Increased reporting requirements Additional counseling More community service hours Electronic monitoring Drug or alcohol treatment 3. Revocation of Probation In serious cases, the judge may revoke your probation entirely and impose: Jail time for misdemeanor convictions Prison time for felony convictions Execution of a previously suspended sentence This is the most severe outcome and could significantly impact your criminal record, employment prospects, and freedom. How a Criminal Defense Lawyer Can Help Being accused of a probation violation is not a situation you should face alone. The consequences are serious—but so are your rights. At Flore Legal Allies, we provide legal defense that’s strategic, compassionate, and focused on results. Here’s how we help: 1. Reviewing the Allegations We thoroughly examine the alleged violation to determine whether the claim is accurate, supported by evidence, or based on a misunderstanding. 2. Preparing Your Defense We gather favorable evidence, request records, speak with witnesses, and prepare strong arguments to challenge the violation. 3. Mitigating Consequences Even if the violation did occur, we present your progress, explain any challenges you’ve faced, and work to minimize the consequences. Judges may be more lenient when they understand the full context. 4. Negotiating with the Court We often negotiate alternatives to incarceration—such as treatment programs, counseling, or extended probation—instead of immediate jail or prison time. What If You’ve Already Been Arrested? If you’ve been arrested for a probation violation, you may be held without bail until your hearing. However, depending on the violation and the facts of your case, we may be able to: Argue for your release at a bail hearing Speed up the scheduling of your

In California, restraining orders are powerful legal tools that can dramatically affect a person’s daily life. They are often issued quickly and have immediate consequences. If you’ve been served with a restraining order—or are considering filing for one—it’s important to understand what it is, what it does, and how it may impact your legal rights, employment, relationships, and even your freedom. At Flore Legal Allies, we represent individuals facing criminal charges, including those dealing with the legal and emotional challenges of restraining orders. With offices in San Diego and Los Angeles, we bring clarity, strategy, and calm to what is often a very stressful legal situation. What Is a Restraining Order? A restraining order (also known as a protective order) is a court-issued command designed to protect one person from harassment, abuse, threats, or violence by another. It typically prohibits the restrained person from contacting, approaching, or harassing the protected individual. There are different types of restraining orders, each with its own legal implications: Domestic Violence Restraining Orders (DVRO) Civil Harassment Restraining Orders Workplace Violence Restraining Orders Elder or Dependent Adult Abuse Restraining Orders Criminal Protective Orders (issued in criminal cases) Each type has its own set of rules and requirements, and the court takes these orders seriously. Violating one—whether intentionally or not—can lead to arrest, fines, or even jail time. Who Can Request a Restraining Order? The person seeking a restraining order (called the “petitioner”) can be: A current or former spouse A dating partner A roommate A relative (e.g., parent, sibling, child) A co-worker or employer A neighbor or acquaintance (in civil harassment cases) In cases involving domestic violence, the relationship must meet specific criteria under California Family Code §6200. What Does a Restraining Order Do? A restraining order can include several restrictions, such as: Prohibiting personal, electronic, or third-party contact with the protected person Requiring the restrained person to move out of a shared residence Mandating a certain physical distance from the protected individual (e.g., 100 yards) Surrendering any firearms or ammunition Prohibiting the visitation of children without court-approved supervision These orders can also show up on background checks, which may affect employment, housing applications, and immigration status. Types of Restraining Orders in California 1. Emergency Protective Orders (EPO) Issued by law enforcement with judicial approval, typically after an incident. These are temporary and only last for up to 7 days. 2. Temporary Restraining Orders (TRO) Short-term orders granted before a full court hearing. They usually last about 20–25 days. 3. Permanent Restraining Orders If the judge finds enough evidence of abuse or threats at the hearing, a restraining order can be extended for up to 5 years. 4. Criminal Protective Orders Issued during criminal proceedings when a defendant is charged with a violent offense. They may last until the end of the case or longer. How Restraining Orders Affect Your Life The consequences of a restraining order go beyond not being able to contact someone. Here are some of the ways it can impact you: 1. Criminal Record and Arrest Even if the original restraining order was civil, violating it is a criminal offense. You can be arrested and charged with a misdemeanor or felony, depending on the circumstances. 2. Loss of Firearm Rights Most restraining orders prohibit gun ownership. If you own a firearm, you will likely be required to surrender it to law enforcement or sell it. 3. Custody and Visitation If children are involved, the order may affect your ability to see them. Supervised visitation or complete loss of custody may be ordered in domestic violence cases. 4. Employment Issues Restraining orders may show up in background checks. If you work in law enforcement, healthcare, education, or other sensitive fields, your job could be at risk. 5. Immigration Consequences Non-U.S. citizens could face immigration consequences, especially if the order is linked to domestic violence or criminal conduct. 6. Reputation Damage Even if no criminal charges are filed, restraining orders are public records. They can affect your reputation in your community, workplace, or family. How the Legal Process Works Step 1: Filing the Petition The petitioner files a request for a restraining order with the court. This may include statements, police reports, photos, or medical records. Step 2: Temporary Restraining Order (TRO) If the court finds the request credible, it will issue a temporary order without hearing your side first. You will be served with this order, and a court date will be scheduled. Step 3: The Court Hearing This is your opportunity to defend yourself. You can present evidence, call witnesses, and tell your side of the story. If the judge finds the petitioner’s claims convincing, the order can become permanent. Defending Against a Restraining Order Being served with a restraining order can feel overwhelming—especially if the claims are false, exaggerated, or taken out of context. At Flore Legal Allies, we defend against restraining orders by: 1. Examining the Evidence We review the petitioner’s evidence for inconsistencies, gaps, or contradictions. A strong defense often lies in the details. 2. Gathering Your Evidence We work with you to collect texts, emails, videos, eyewitness statements, and other documentation that shows your side of the story. 3. Cross-Examining the Petitioner If there’s a court hearing, we carefully question the petitioner to test the truth of their statements and expose any motivations for false claims (e.g., custody battles, breakups, revenge). 4. Clarifying Misunderstandings Sometimes what looks like harassment is a misunderstanding or poor communication. We explain this to the judge in a clear, logical way that humanizes your side of the story. 5. Negotiating for Dismissal or Modification In some cases, we may be able to resolve the matter outside of court or reduce the severity of the order. What to Do If You’ve Been Served If you’ve been served with a restraining order: Do not contact the protected person, even to “clear things up.” Read the order carefully — understand all restrictions and the hearing date. Comply with all terms, including moving out or surrendering

Assault and battery charges are serious criminal offenses in California. When facing these allegations, one of the most influential elements in the courtroom is witness testimony. The credibility, consistency, and perspective of witnesses can often make or break a case—whether for the prosecution or the defense. At Flore Legal Allies, we serve clients throughout San Diego and Los Angeles, guiding them through complex criminal proceedings with a steady, strategic approach. We understand that being accused of assault or battery can be one of the most stressful experiences of your life. Breaks down the role of witness testimony in these cases and how it can affect your outcome. Understanding Assault and Battery Under California Law Although often mentioned together, assault and battery are two separate offenses in California: Assault (Penal Code §240): An unlawful attempt, coupled with a present ability, to commit a violent injury on another person. No physical contact is necessary. Battery (Penal Code §242): The willful and unlawful use of force or violence upon another person. Actual contact must occur, even if no injury results. Both misdemeanors and felonies can be charged depending on the circumstances, such as the severity of the incident, presence of weapons, injuries, or involvement of vulnerable individuals like children or public officials. What Is Witness Testimony? Witness testimony refers to statements made by individuals who have firsthand (or occasionally secondhand) knowledge of the events in question. These can include: Eyewitnesses: People who saw the incident occur. Character witnesses: Those who know the defendant or victim personally and testify to reputation or behavior. Expert witnesses: Specialists (e.g., medical professionals) who offer opinions based on evidence or reports. Police officers: Officers who were present at the scene or who investigated the case. The goal of testimony is to establish a narrative — what happened, how it happened, and who was responsible. Why Witness Testimony Is So Critical in Assault and Battery Cases 1. Establishing What Actually Happened In many assault and battery cases, there is no video footage or clear physical evidence. Witnesses become the main source of information about what occurred. Their accounts often fill in gaps about: Who started the confrontation Whether the act was intentional or accidental If the accused was acting in self-defense Without testimony, prosecutors may lack sufficient evidence to secure a conviction. 2. Corroborating or Challenging Stories Often, both the alleged victim and the defendant will provide conflicting stories. Witnesses serve as tiebreakers. Their version of events can corroborate (support) or contradict either side’s narrative. This can significantly influence how a judge or jury perceives the credibility of each party. 3. Demonstrating State of Mind In assault cases, intent matters. Witnesses might testify to the behavior or mood of those involved, helping the court decide whether the accused acted with malice or was provoked. Challenges With Eyewitness Testimony Despite their importance, eyewitness accounts are not always reliable. Studies have shown that human memory is flawed and can be influenced by stress, lighting conditions, fear, bias, and even suggestion by law enforcement. Some common problems include: Misidentification: Mistaking one person for another Conflicting accounts: Multiple witnesses with different stories Poor vantage point: Obstructed views or long distances Emotional distortion: High-stress situations can affect memory Bias: Prejudice based on race, appearance, or background At Flore Legal Allies, we carefully analyze witness statements for inconsistencies or inaccuracies. We may also consult experts in psychology or memory to challenge flawed testimony. The Role of the Defense Attorney With Witness Testimony As your criminal defense team, our role includes: 1. Cross-Examining Witnesses During trial, the prosecution’s witnesses can be cross-examined. We strategically ask questions that: Highlight inconsistencies in their story Reveal potential bias or ulterior motives Test memory, perception, and honesty Effective cross-examination can dramatically weaken the prosecution’s case. 2. Presenting Defense Witnesses We may call our own witnesses, including: Bystanders who saw what really happened Individuals who can testify to your peaceful nature or character Experts who can provide context to forensic or injury evidence These witnesses can provide a clearer, more complete picture of what actually occurred. 3. Investigating Witness Backgrounds Our firm digs deep into a witness’s background to uncover: Criminal history Previous false statements Relationship to the parties Motivation to lie or exaggerate This type of investigation often reveals angles that can be used to challenge the prosecution’s credibility. How Flore Legal Allies Approaches Witness Testimony Our firm stands out because we don’t simply “react” to witness testimony — we strategize around it. We: Prepare you for trial by explaining how witness statements may be used against you Carefully review discovery documents to understand what each witness is claiming Identify inconsistencies early and build a strategy around them Hire professional investigators when necessary to find new witnesses or confirm alibis And most importantly, we listen to you. We know that your version of events deserves to be heard and defended. Your input helps us identify false statements and challenge any accusations effectively. Real-Life Example (Hypothetical) Let’s say you’re accused of battery outside a bar in Los Angeles. The alleged victim claims you punched him without provocation. Two witnesses — his friends — back up his story. However, during our investigation, we find a bystander who was standing closer and saw the victim push you first. We subpoena the bar’s bouncer, who also witnessed the incident. Surveillance footage shows the victim yelling aggressively and invading your personal space. A medical expert testifies that the victim’s injury could have occurred from a fall rather than a punch. By challenging the credibility of the prosecution’s witnesses and presenting stronger, unbiased testimony, we create reasonable doubt and protect your rights. Can You Be Convicted Based Solely on Witness Testimony? Yes — if a judge or jury finds the witness credible and believable, their testimony can be enough to convict. However, a skilled defense attorney can often: Undermine shaky testimony Offer alternative explanations Raise doubt about the witness’s version of events This is why early legal intervention is so important. The sooner we can