When you are facing a felony charge in California, it feels like the state has an entire structural advantage stacked against you. The consequences are designed to upend your life: state prison time, massive fines, and a permanent mark on your record that strips away your civil rights, your livelihood, and your reputation.
But a felony charge is not a final conviction. The prosecution wants you to think their initial charge is set in stone. It isn’t. With an aggressive defense strategy, felony charges can be systematically dismantled, reduced, or dismissed entirely. Here is how we fight back.
Dismantling the State’s Case for a Total Dismissal
A dismissal is always the ultimate objective. We do not sit back and wait for the prosecution to hand over a favorable outcome; we actively hunt for the vulnerabilities in their case.
Constitutional Violations: If law enforcement violated your Fourth Amendment rights through an illegal search and seizure or ignored your Miranda rights, we aggressively move to suppress that evidence. When the core evidence is thrown out, the state’s case collapses.
Insufficient Evidence: At the preliminary hearing, the prosecution must show probable cause. We cross-examine state witnesses relentlessly to expose contradictions, lack of credibility, and structural gaps in their narrative, forcing the judge to dismiss the charges.
Forcing a Felony Down to a Misdemeanor: The "Wobbler" Strategy
If a total dismissal cannot be secured immediately, the next tactical battlefront is forcing a felony down to a misdemeanor. In California, many offenses are classified as "wobblers"—crimes that can be charged as either a felony or a misdemeanor.
Under Penal Code Section 17(b), we can fight for a misdemeanor reduction at multiple stages:
At the Preliminary Hearing: Compelling the judge to reduce the charge before the case even heads toward a trial tracking schedule.
At Sentencing: Forcing a reduction as part of a contested sentencing hearing, provided state prison is off the table.
Post-Probation: If you have already been convicted of a felony wobbler and successfully completed probation, we can file a formal 17(b) motion to retroactively rewrite your record into a misdemeanor for all purposes.
We Do Not Secure Favors, We Force Results
The prosecution’s goal is to secure a conviction with the least amount of resistance. If you accept a passive defense, you accept their terms. To beat a felony or force a reduction, your defense must be unyielding. It requires an exhaustive independent investigation, a ruthless interrogation of the state’s evidence, and a refusal to back down in the courtroom.
If you are facing a felony charge in California, do not wait for the system to dictate your future. Protect your freedom with a firm that has decades of seasoned, aggressive courtroom experience. Greenberg & Greenberg is here.
Contact us today at (951) 574-2281 to schedule a rigorous evaluation of your case and launch your defense.