Felony Defense Lawyer

Facing felony charges is an incredibly serious matter with potentially life-altering consequences. The complexities of the criminal justice system can be overwhelming, and the stakes couldn’t be higher. You need an experienced and aggressive advocate in your corner to protect your rights, navigate the legal landscape, and fight for the best possible outcome. At Padula Law, we understand what you’re going through and are committed to providing our clients with top-tier legal representation.

Attorney Michael Padula brings a unique and powerful perspective to your defense. His experience with the Department of Justice and as a prosecutor gives him unparalleled insight into the strategies, tactics, and mindset of the prosecution. He knows how they build their cases, what evidence they prioritize, and the arguments they’ll use against you. This insider knowledge allows him to anticipate their moves, identify weaknesses in their case, and build a proactive and powerful defense on your behalf.

Michael Padula now dedicates his private practice to defending individuals and companies throughout the United States against criminal charges. He is passionate about ensuring that his clients receive the justice they deserve, regardless of the charges they face. When you work with Padula Law, you’re not just hiring an attorney, you’re gaining a strategic partner who is deeply committed to protecting your rights and your future.

What is a Felony?

In the US legal system, crimes are classified as either misdemeanors or felonies. A felony is a serious criminal offense, significantly more severe than a misdemeanor. While the exact definitions and potential consequences vary from state to state, felonies generally involve harsher punishments and carry a greater social stigma.

Potential consequences of a felony conviction may include:

• Incarceration: Felony convictions often result in lengthy prison sentences, potentially ranging from several years to life imprisonment. These sentences are typically served in state or federal penitentiaries, which are higher security facilities designed for long-term incarceration.
• Fines: Courts can impose substantial monetary penalties for felony convictions, sometimes reaching tens of thousands of dollars or even more. These fines can create significant financial burdens for individuals and their families.
• Probation: Even if you avoid prison time, a felony conviction can lead to a period of probation. This involves supervised release with strict conditions and restrictions, such as regular check-ins with a probation officer, mandatory drug testing, and limitations on travel or association with certain individuals.
• Restitution: If your crime caused financial harm to a victim, the court may order you to pay restitution. This involves compensating the victim for their losses, such as medical expenses, property damage, or lost wages.
• Loss of Civil Rights: A felony conviction can lead to the loss of certain civil rights, including the right to vote, the right to own firearms, and the right to hold certain professional licenses. These restrictions can have long-lasting impacts on your life and opportunities.

Collateral Consequences of a Felony Conviction

A felony conviction can have significant and long-lasting consequences that extend far beyond the immediate sentence.

These collateral consequences can impact various aspects of your life, including:

• Employment: Many employers conduct background checks and may be hesitant to hire someone with a felony conviction. This can limit your job opportunities and earning potential.
• Housing: Landlords may refuse to rent to individuals with felony convictions, making it difficult to find housing.
• Education: A felony conviction may disqualify you from receiving financial aid for education or limit your access to certain educational programs.
• Professional Licensing: Certain professions, such as healthcare, law, and education, require licenses that may be denied or revoked due to a felony conviction.
• Voting Rights: In some states, a felony conviction can result in the loss of your right to vote.
• Firearm Ownership: Federal law prohibits individuals with felony convictions from possessing firearms.

These collateral consequences can create significant barriers to re-entry into society and make it challenging to rebuild your life after a felony conviction.

Types of Felonies

Felonies encompass a broad spectrum of criminal offenses, with varying degrees of severity.

Some common types of felony crimes include:

• Violent Crimes: These crimes involve the use of force or the threat of force against another person. Examples include:
  • Murder: The unlawful killing of another human being with malice aforethought.
  • Manslaughter: The unlawful killing of another without malice aforethought, often categorized as voluntary (in the heat of passion) or involuntary (due to negligence).
  • Assault and Battery: Assault involves the threat of bodily harm, while battery involves actual physical contact.
  • Robbery: The taking of property from a person by force or threat of force.
  • Kidnapping: The unlawful seizure and detention of a person against their will.
  • Domestic Violence: Assault, battery, or other crimes committed against a family member or intimate partner.
• Property Crimes: These crimes involve the unlawful taking or damage of property. Examples include:
  • Burglary: Unlawful entry into a building with the intent to commit a crime, typically theft.
  • Theft/Larceny: The unlawful taking of another person’s property.
  • Arson: The intentional setting of fire to property.
  • Vandalism: Intentional damage or destruction of property.
  • Fraud: Deception used to obtain money or property illegally.
• Drug Offenses: These crimes involve the possession, use, manufacture, or distribution of illegal drugs. Examples include:
  • Possession: Having an illegal substance on your person or in your control.
  • Trafficking: Transporting or selling illegal drugs.
  • Manufacturing: Producing illegal drugs.
  • Distribution: Supplying or delivering illegal drugs to others.
• White-Collar Crimes: These crimes are typically non-violent offenses committed by individuals in business or professional settings. Examples include:
  • Embezzlement: The misappropriation of funds entrusted to one’s care.
  • Fraud: Various types of fraud, such as securities fraud, insurance fraud, and healthcare fraud.
  • Money Laundering: Concealing the origins of illegally obtained money.
  • Tax Evasion: Illegally avoiding paying taxes.
  • Insider Trading: Using non-public information to gain an advantage in financial markets.

Stages of a Felony Case

A felony case typically progresses through several distinct stages:

• Arrest: The process begins with an arrest by law enforcement officers, who must have probable cause to believe you have committed a crime.
• Booking: After arrest, you will be booked at the police station, which involves taking your fingerprints, photograph, and personal information.
• Initial Appearance: You will be brought before a judge for an initial appearance, where you will be informed of the charges against you and your rights.
• Arraignment: At the arraignment, you will formally enter a plea of guilty, not guilty, or no contest.
• Pre-trial Motions: Your attorney may file pre-trial motions, which are legal requests to the court. These motions can address issues such as suppressing evidence, dismissing charges, or changing the venue of the trial.
• Discovery: The prosecution and defense exchange information and evidence related to the case.
• Plea Bargaining: Negotiations between the prosecution and defense may take place to reach a plea agreement.
• Trial: If no plea agreement is reached, the case will proceed to trial. This involves the presentation of evidence and arguments before a judge or jury.
• Sentencing: If you are convicted, the judge will impose a sentence based on the severity of the crime, your criminal history, and other factors.
• Appeal: If you are convicted, you may have the right to appeal the conviction or sentence to a higher court.

Bail and Bond

Bail is a system designed to ensure that a defendant appears in court for all proceedings. It involves a financial guarantee that is set by the court. If you are released on bail and fail to appear in court, you forfeit the bail amount, and a warrant may be issued for your arrest.

In felony cases, bail amounts are typically higher than in misdemeanor cases due to the seriousness of the charges.

A judge will consider several factors when setting bail, including:

• Severity of the offense: More serious charges generally result in higher bail amounts.
• Flight risk: If the court believes you are a flight risk, meaning you are likely to flee the jurisdiction to avoid prosecution, bail may be set higher or even denied.
• Criminal history: Your prior criminal record, especially any history of failing to appear in court, will be considered.
• Ties to the community: Strong ties to the community, such as family, employment, and property ownership, may result in a lower bail amount.

If you cannot afford to pay the full bail amount, you may be able to work with a bail bondsman. A bail bondsman will post the bail on your behalf in exchange for a fee, typically a percentage of the bail amount.

Felony Sentencing Guidelines

Sentencing in felony cases is a complex process influenced by a variety of factors. While judges have some discretion, they often refer to sentencing guidelines, which provide a framework for determining appropriate punishments. These guidelines aim to ensure consistency and fairness in sentencing.

Factors that influence felony sentencing:

• Severity of the Crime: The most significant factor is the seriousness of the offense. More serious crimes, such as violent felonies or those resulting in significant harm, generally carry harsher penalties.
• Criminal History: A defendant’s prior criminal record plays a major role in sentencing. Repeat offenders are typically subject to harsher punishments than first-time offenders.
• Aggravating Circumstances: These are factors that increase the severity of the crime, such as the use of a weapon, the vulnerability of the victim, or the defendant’s leadership role in the offense.
• Mitigating Circumstances: These are factors that may reduce the severity of the sentence, such as the defendant’s remorse, cooperation with authorities, or lack of prior criminal history.

In addition to these factors, judges may consider victim impact statements, pre-sentence reports, and arguments from the prosecution and defense before making a sentencing decision.

The Role of a Felony Defense Attorney

If you are facing felony charges, having skilled legal representation is absolutely crucial. A felony defense attorney is your advocate, your advisor, and your shield throughout the criminal justice process. They play a vital role in protecting your rights, ensuring you understand the charges against you, and fighting for the best possible outcome in your case.

Responsibilities of a felony defense attorney:

• Investigating the case: A thorough investigation is essential to building a strong defense. Your attorney will independently investigate the facts of the case, gather evidence, interview witnesses, and consult with experts to challenge the prosecution’s narrative.
• Negotiating with the prosecution: Your attorney will engage in negotiations with the prosecution, seeking to resolve the case favorably. This may involve negotiating a plea deal to reduce the charges or minimize the potential penalties.
• Representing you in court: If your case goes to trial, your attorney will represent you in court. This includes presenting arguments, cross-examining witnesses, challenging evidence, and objecting to improper procedures.
• Protecting your constitutional rights: Your attorney will ensure that your constitutional rights are protected throughout the process. This includes the right to remain silent, the right to an attorney, the right to a fair trial, and the right to be free from illegal searches and seizures.
• Providing guidance and support: Facing felony charges can be an incredibly stressful and confusing experience. Your attorney will provide guidance, support, and clear explanations throughout the process, ensuring you understand your options and make informed decisions.

Possible Defenses to Felony Charges

The most effective defense strategy in a felony case depends on the specific facts and circumstances of the charges. A skilled felony defense attorney will carefully analyze the evidence and tailor a defense strategy to your unique situation.

Some common defense strategies include:

• Self-defense: If you were accused of a violent crime, you may argue that you acted in self-defense to protect yourself or others from imminent harm.
• Alibi: An alibi defense involves presenting evidence that you were somewhere else at the time the crime was committed, making it impossible for you to have been the perpetrator.
• Mistaken identity: In cases where eyewitness testimony is crucial, you may argue that you were mistakenly identified as the perpetrator.
• Lack of intent: For some crimes, the prosecution must prove that you acted with a specific mental state, such as intent or knowledge. Your attorney may argue that you lacked the required mental state to commit the crime.
• Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they wouldn’t have otherwise committed.
• Constitutional violations: Your attorney may argue that evidence should be suppressed because it was obtained in violation of your constitutional rights, such as through an illegal search or seizure.
• Insufficient evidence: Your attorney may argue that the prosecution lacks sufficient evidence to prove your guilt beyond a reasonable doubt.

Factors to Consider When Choosing an Attorney

Choosing the right attorney to represent you in a felony case is a critical decision.

Here are some important factors to consider:

• Experience: Look for an attorney with extensive experience handling felony cases, particularly cases similar to yours.
• Track record: Inquire about the attorney’s success rate and ask for examples of their past case outcomes.
• Communication style: Choose an attorney who communicates clearly and effectively, keeping you informed and involved in your case.
• Commitment: Select an attorney who is genuinely committed to your case and will dedicate the necessary time and resources to your defense.
• Resources: Ensure the attorney has the resources and support staff to handle your case effectively.
• Fees: Discuss the attorney’s fees upfront and ensure you understand their billing structure.

If you are facing felony charges, don’t wait to seek legal representation. The sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Call (888) 574-5155 or contact us online to discuss your case with Attorney Michael Padula.

Frequently Asked Questions For Our Felony Defense Lawyer