When the stakes are state prison and a permanent record, you need the best trial attorney in the room.
Want Freedom? Ride With the Best!
A felony conviction in California is one of the most serious events that can happen in a person's life. It carries the possibility of state prison, permanent loss of civil rights including the right to vote and own firearms, devastating professional consequences, and a criminal record that follows you everywhere. In cases involving strikes under California's Three Strikes law, the stakes are even higher — a third strike can mean 25 years to life, regardless of the nature of the current offense.
Felony cases are also the most complex criminal matters in the system. They involve extensive discovery — police reports, forensic evidence, expert witnesses, surveillance footage, DNA analysis, digital records, financial records — and they require an attorney who can manage that complexity while keeping the defense strategy focused and aggressive. The difference between a prepared trial attorney and an unprepared one is often the difference between prison and freedom.
At The Smalls Firm, we have tried felony cases at every level in San Bernardino County — from felony assault to homicide. We know this courthouse, these prosecutors, and these judges. We know when to fight hard for dismissal or acquittal, when to negotiate from strength for the best available plea, and when the only path to justice is a trial. Whatever your case requires, we are prepared to deliver it.
Time matters enormously in felony cases. Evidence must be preserved. Witnesses must be contacted before their memories change or they become unavailable. Constitutional violations must be identified early enough to file effective suppression motions. Call us the moment you learn you are under investigation or have been arrested.
If you have prior strike convictions, your current felony charge could trigger mandatory sentencing enhancements that double or triple your sentence — or result in 25 years to life. We fight strikes at every stage: challenging prior convictions, filing Romero motions to strike prior strikes in the interest of justice, and building the most compelling mitigation possible. Call (909) 501-6882 immediately.
Felony defense requires the full toolkit — constitutional challenges, forensic expertise, witness investigation, and relentless trial preparation. We bring all of it.
In serious felony cases, the first 72 hours are critical. Surveillance footage is overwritten. Witnesses become unavailable. Physical evidence degrades. We act immediately upon retention to identify and preserve every piece of evidence that can help your defense — issuing preservation letters, retaining investigators, and securing records before they disappear. The best defenses are built on complete, well-preserved evidence, and that requires moving fast.
Felony cases generate massive amounts of discovery — police reports, forensic analysis, expert witness reports, surveillance footage, digital records, and witness statements. We review every document with the goal of identifying constitutional violations, scientific errors, witness credibility problems, and gaps in the prosecution's evidence chain. We retain our own investigators and expert witnesses when necessary to challenge the government's evidence with independent analysis.
Serious felony cases often involve serious constitutional violations — illegal searches, coerced confessions, suggestive identification procedures, and Brady violations where the prosecution withholds exculpatory evidence. We file aggressive pretrial motions to suppress illegally obtained evidence, dismiss charges based on constitutional violations, and compel disclosure of all evidence the prosecution has an obligation to share. Successful pretrial motions often result in dismissals before trial begins.
Felony prosecutions frequently rely on forensic experts — DNA analysts, ballistic experts, medical examiners, digital forensics specialists. The government's experts are not infallible, and their conclusions are subject to challenge. We retain independent experts in every field where the prosecution's forensic evidence is central to their case. An expert who can credibly challenge the government's science creates the reasonable doubt that acquittals are built on.
If you have prior strike convictions, a Romero motion asks the court to exercise its discretion to dismiss one or more strikes "in the interest of justice." A successful Romero motion can reduce a potential 25-to-life sentence to a standard term — dramatically changing the calculus of the entire case. We prepare Romero motions with comprehensive mitigation packages that present your life history, rehabilitation, and circumstances in the most compelling light possible.
When the evidence is strong against our client, we focus on achieving the best possible outcome through negotiation — seeking reduced charges, lower sentence agreements, and alternatives to state prison where available. We prepare comprehensive mitigation packages documenting our client's background, character, employment, community ties, and rehabilitation efforts. Prosecutors and judges who see a complete human being rather than just a defendant are far more likely to offer meaningful leniency.
Murder charges under Penal Code 187 are the most serious criminal charges in California. First degree murder carries 25 years to life; second degree murder carries 15 years to life. Special circumstances — such as murder for financial gain, murder of a peace officer, or multiple murders — can result in life without parole or the death penalty. Voluntary and involuntary manslaughter under PC 192 carry 3 to 11 years.
Homicide defenses require complete, immediate engagement. Self-defense, defense of others, heat of passion, imperfect self-defense, and challenges to forensic and eyewitness evidence are all critical tools. We bring 20 years of serious felony defense experience to every homicide case we handle.
Rape under Penal Code 261 carries 3 to 8 years in state prison, with significant enhancements for aggravating factors. A conviction also requires lifetime registration as a sex offender under Megan's Law — one of the most devastating collateral consequences in the criminal justice system. Child sexual abuse charges under PC 288 carry even higher sentences and lifelong registration requirements.
Sexual assault cases frequently turn on the credibility of the complaining witness and the question of consent. We investigate the accuser's history, examine all communications between the parties, and present the strongest possible defense — from attacking the sufficiency of the evidence to presenting alibi and consent defenses at trial.
Felony weapons charges in California include unlawful possession of a firearm by a felon (PC 29800), carrying a concealed or loaded firearm (PC 25400/PC 25850), and firearms enhancements that add additional years to any underlying felony sentence. The 10-20-Life law — use a gun, add 10 years; discharge it, add 20; kill or injure someone, add 25 to life — can transform a moderate felony into a decades-long sentence.
We challenge the lawfulness of searches that uncovered firearms, the chain of custody for forensic evidence, and the applicability of sentence enhancements. We also evaluate whether a prior felony conviction that prohibits firearms possession can itself be challenged, potentially eliminating the basis for the felon-in-possession charge entirely.
Kidnapping under Penal Code 207 — forcibly moving another person a substantial distance without their consent — is a felony and a strike offense carrying 3 to 8 years in state prison. Aggravated kidnapping for ransom, extortion, or robbery carries life with the possibility of parole. Kidnapping during a carjacking carries life without parole.
Kidnapping charges are sometimes filed in situations that were mischaracterized — parental disputes, domestic altercations, or situations where the alleged victim actually consented to go with the defendant. We examine the full factual context and challenge every element of the charge, including the distance requirement, the force or fear element, and the victim's actual state of mind.
When you are on felony probation and accused of a violation — whether by a new arrest, a technical violation, or failing to meet probation conditions — the court can revoke your probation and impose the full original sentence. Probation revocation hearings use a lower standard of proof than criminal trials: preponderance of the evidence rather than beyond a reasonable doubt.
These hearings move fast and the consequences are severe. We appear at probation violation hearings with a complete defense strategy — challenging the alleged violation, presenting mitigating circumstances, and arguing for reinstatement of probation with modified conditions rather than incarceration whenever possible.
Carjacking under Penal Code 215 — taking a motor vehicle from another person by force or fear — is a violent felony and strike offense carrying 3 to 9 years in state prison. With enhancements for personal use of a firearm or great bodily injury, sentences can reach 25 years or more. Robbery under PC 211 carries similar penalties and also constitutes a strike.
Carjacking and robbery prosecutions often rest on eyewitness identification — some of the most unreliable evidence in the criminal justice system. We scrutinize every identification procedure used by law enforcement, present alibi evidence, and challenge the prosecution's theory at every turn. Winning the identification battle frequently wins the case.
Felony cases are longer and more complex than misdemeanors. Understanding the process helps you make better decisions at every stage.
After a felony arrest, you are booked and held until arraignment — typically within 48 to 72 hours. Bail is set at arraignment. We appear at arraignment, enter a not guilty plea, and argue vigorously for the lowest possible bail. For serious felonies, bail can run from tens of thousands to millions of dollars — our argument at arraignment can be the difference between you going home or waiting in custody.
Felony cases in California require a preliminary hearing — a mini-trial at which the prosecution must show probable cause to believe you committed the charged offense. This is one of the most strategically important phases of a felony case. We cross-examine the prosecution's witnesses aggressively, exposing weaknesses in their case early, locking them into testimony they will have to live with at trial, and often achieving dismissals or reductions at this stage.
After the preliminary hearing, the formal trial court process begins with extensive discovery. We obtain every piece of evidence the prosecution plans to use — and demand everything they are required to disclose under Brady. We conduct our own investigation, retain experts, and identify every constitutional violation and evidentiary weakness in the government's case. This phase is where felony defenses are built or lost.
We file comprehensive pretrial motions targeting every constitutional violation and evidentiary problem we have identified. Motions to suppress evidence, motions to dismiss, motions to compel disclosure, and motions in limine to exclude prejudicial evidence at trial. A successful suppression motion in a felony case can reduce a potential life sentence to nothing. We treat pretrial motions as one of the most powerful tools in the defense arsenal.
If the case goes to trial, you have a battle-tested trial attorney with 20 years of San Bernardino County courtroom experience standing with you. We select juries carefully, deliver opening statements that frame the defense narrative powerfully, cross-examine prosecution witnesses with precision, present our own evidence and experts, and deliver closing arguments that give jurors every reason to find reasonable doubt. We prepare for trial as if every case is going to trial — because sometimes it is the only path to justice.
Felony cases move fast. Your consultation is 100% confidential — no cost, no obligation. Call now and let us begin building your defense today.