Criminal Defense Attorney

Have you been accused or charged with a crime and have questions about hiring a criminal defense attorney? We’ve got the answers to all your questions about the legal defense you have a right to. Simply click on a question you want the answer to below.

If you need a criminal defense attorney now, fill out our contact form at the bottom of this page to request your free consultation.

Mark A. Broughton will use his 40+ years of criminal defense attorney experience to fight for you and get you the best possible outcome with your case. He is certified by the State Bar of California as a Criminal Law Specialist, and he’s represented thousands of people in both state and federal courts.

Criminal Defense Practice Areas Include:

Felony Charges

Violent Crimes

Murder

Assault

Domestic Violence

Juvenile Defense

DUI

Drug Charges

Federal Crimes

White Collar Crime

Fraud

Frequently Asked Questions

Are there legal defenses for white collar crimes - Mark Broughton criminal defense lawyer experienced in representing citizens charged with white collar crimes

Choosing a Criminal Defense Lawyer

What to Expect

Cost of Hiring a Criminal Defense Lawyer

Questions about the Legal System

Types of Crimes

How do I choose the best criminal defense lawyer?

There are literally millions of law groups. Choosing the wrong lawyer might mean you end up in jail for a crime you did not commit. These steps will help you make the right choice.

Having an experienced criminal defense attorney on your side makes a difference. Approximately three-fourths of inmates in state prisons received publicly-provided legal counsel on the cases for which they were convicted and imprisoned.

Incarceration is 11% more likely for Federal defendants with public counsel than for those with private attorneys.
Source: Bureau of Justice Statistics

How do I choose a criminal defense lawyer?

Choosing a criminal defense lawyer to represent you and help you fight the criminal charges you’re facing is an important decision that may affect the outcome of your case. It’s best if the criminal defense lawyer you choose has a local law office, with years of experience in your local courthouse and the local officials and procedures. It’s also best to choose a criminal defense lawyer with practice areas and experience with the same or similar charges that you’re facing. Additionally, you want to choose a lawyer who sees you as a person, not a case, and who will fight for you.

Who has the best criminal law firm in the Fresno area?

The best criminal law firm in the Fresno area for you and the situation you’re in is one with a legal team that has represented others facing the same or similar legal issues that you’re facing and who is willing to fight for you to the fullest extent of the law. The best criminal lawyer in Fresno will be a certified Criminal Law Specialist with decades of experience handling cases like yours. The best criminal lawyer in Fresno is someone you can trust to be honest with you about your case, your options, and with getting you the best outcome possible. Mark Broughton is widely considered one of the best criminal lawyers in the Central Valley. He just may be the best for you, too.

Who is the best criminal lawyer in Fresno

What will I get with a criminal defense lawyer that I won’t get with a public defender?

A private practice criminal defense lawyer will have more time for your case than a public defender because they take on fewer cases. Public defenders often have more cases than they can handle, and yours would be just one more added to the load. Public defenders also will get assigned more cases in the future, regardless of the outcome of your case. A private practice criminal defense lawyer, on the other hand, is putting their reputation for future business on the line with how they handle your case. If they do a poor job, their business will suffer. So, it’s in their best interest, as well as yours, for them to do the best job possible in defending you.

Is it important for my lawyer to have a good AVVO Rating?

An Avvo Rating speaks to a lawyer’s background but does not evaluate their knowledge of the law, past performance on individual cases, personality, or communication skills. The rating is based on information the lawyer has provided on their Avvo profile plus other information collected from state bar associations and other organizations that license and govern legal professionals. The Avvo Rating is a place to start and may even be a tool to use when determining which lawyers to reach out to and interview. However, more important than a good Avvo rating is the lawyer’s experience with your type of case and how they treat you. That’s something a number just can’t express.

Does my lawyer need to have a good team?

Your lawyer isn’t required to have a team working with them at all, but the best criminal defense lawyers have surrounded themselves with a good team so they can do the best job possible with your case. Having a good team means having extra sets of eyes to look over all the details of your case. Your lawyer having a good team gives you the benefit of multiple legal minds considering all the potential legal defenses on your behalf as they determine the best defense strategy for your situation. With a good team, your lawyer is able to give you the best chance of a positive outcome.

Are criminal defense lawyers trustworthy?

Criminal defense lawyers are people who, as lawyers, are held to high ethical standards. In fact, the State Bar of California document outlining the California Rules of Professional Conduct for lawyers is 69 pages long. Those who engage in professional misconduct face disciplinary actions and consequences. You can check an individual lawyer’s history by doing an Attorney Search, which will show any discipline or administrative actions as well as their license status and any certified legal specialties.

Why is it important to hire the best defense lawyer in Fresno?

A defense lawyer’s skill and trial experience contribute to how often they “win” their criminal defense cases. Mark Broughton once won 4 or 5 murder trials in a row, and the next one was dismissed by the District Attorney on the opening day of the trial. This is extremely rare, even for a very skilled and experienced criminal defense lawyer like Mark Broughton. But a “win” isn’t always an acquittal. Some of the best “wins” are settlements. Some cases are “won” by getting a good sentencing result. Some are “wins” even though there is a guilty verdict but it’s to a lesser charge than what the prosecution was going for (for example, voluntary manslaughter instead of a murder charge, or simple sexual battery instead of a rape charge).

Do defense lawyers speak Spanish?

Just like people in any other profession, some defense lawyers speak Spanish and some don’t. Some have associates on their team or translators that they work with who speak Spanish and who can bridge the language gap if they themselves don’t speak Spanish. It’s important to work with a defense lawyer who you can understand … and who can understand you … whatever language you speak.

How do I find a good criminal lawyer?

The two best ways to find a good criminal lawyer are through research and referrals. Research can be done on the internet, including checking the State Bar of California, where you can look up a lawyer by name or bar number to verify their status and see any disciplinary actions taken against them. Asking your friends and family for a referral is another way to find a good criminal lawyer you can trust. In addition to friends and family, also consider asking other professionals you deal with for a referral. For example, your accountant, your business attorney, your financial planner, and/or your estate planning attorney may know criminal lawyers they can refer you to. However you find their name, you’ll want to get an initial consultation with your potential criminal lawyer to see if they’re the best choice to represent you and help you fight the specific charges you’re facing.

What makes a good criminal defense attorney?

A good criminal defense attorney is one who has compassion and empathy for their clients. A good criminal defense lawyer embraces the belief that every person has the right to a fair trial and is innocent until proven guilty. A good criminal defense attorney has experience to draw from and an open mind to consider the facts and circumstances of each individual case. A good legal service maintains an exceptional reputation of being ethical and honest. You can trust a good criminal defense attorney like Mark Broughton to be honest with you about your case and your options to get the best outcome possible.

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What should I look for when hiring a criminal defense attorney?

There are many things to consider and look for when hiring a criminal defense attorney. Do they have experience with the specific criminal charges you’re facing? Do they have experience with the specific court that’s handling/hearing your case? Do they exclusively practice criminal law, or do they divide their focus among different kinds of law? Do they show you compassion and empathy? What is their overall attitude with you? You need to trust your criminal defense attorney to be honest with you and to do everything they can to get you the best possible outcome. Look for reviews and testimonials from other clients they have defended. Ask about the results they’ve received in cases similar to yours. Overall, make sure you’re comfortable trusting them with your future.

Will my defense lawyer help me if I have previously committed a crime?

Whatever you may have done or not done in the past — including if you previously committed a crime — it does not alter your right to a fair trial now. At least that is what Mark Broughton believes. He sees every individual’s situation with compassion and empathy, and he believes they are innocent until proven guilty. If your defense lawyer thinks differently, perhaps you should find a new lawyer. Now, there are certain ethical reasons why a lawyer may be required to refuse a case, but your prior acts aren’t usually one of those reasons.

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Can my defense lawyer help me if I have already been arrested?

Yes, your defense lawyer can help you if you have already been arrested. You have the right to legal counsel when facing criminal charges that could result in imprisonment, and it doesn’t matter if you’ve been arrested or not. The sooner you hire a defense lawyer, the sooner you have someone on your side to protect your rights and fight for you. Especially if you’ve already been arrested, it’s essential to obtain legal counsel as soon as possible.

I was arrested. What Should I do Next?

Facing arrest is stressful and overwhelming. Here are the essential steps to take:

Stay Calm and Gather Information: Collect details about the arrest, including location, charges, and the law enforcement agency involved.
Contact an Attorney Immediately: Reach out to a reputable criminal defense attorney like Mark Broughton for guidance and to protect your loved one’s rights.
Understand the Charges: Get a clear understanding of the charges with the help of an experienced attorney.
Support Your Family Member: Provide emotional support and assure them of your advocacy.
Coordinate Legal Representation: Work with your attorney to develop a defense strategy and advocate for your family member.
Gather Evidence and Documentation: Collect relevant evidence and documentation with your attorney’s help.
Navigate the Legal Process: Your attorney will guide you through each stage of the legal process, from arraignment to trial.
Explore Defense Strategies: Tailor defense strategies to the specifics of the case, whether challenging evidence or negotiating plea deals.
Remain Informed and Engaged: Stay updated on the case progress and maintain communication with your attorney.
Trust in Mark Broughton’s Expertise: With over 40 years of experience, Mark Broughton offers compassionate, dedicated defense for your family member.

Contact Mark Broughton for a Free Consultation: Schedule a consultation to review your family member’s case and explore your options for the best possible outcome.

For more information and answers to common questions, visit our Blog post on this topic.

What can I expect when I hire a criminal defense lawyer?

When you hire a criminal defense lawyer, you can expect to receive the benefit of their experience and expertise with criminal legal proceedings. Your lawyer will look at all the details of your case, form a defense strategy for fighting the charges against you, and speak for you to help you obtain the best possible outcome. You can expect your criminal defense lawyer to consider all the legal defenses for the charges you’re facing and explain all of your options. You should expect them to be ethical and honest with you, and for them to treat you with compassion and respect. You’ll get all of this when you hire Mark Broughton as your criminal defense lawyer, and you should accept no less from anyone else.

What questions should I ask a criminal lawyer?

It’s important that you feel comfortable with the criminal lawyer defending you and confident in their ability to get you the best outcome possible. You’ll have many questions running through your mind that you’ll want to ask. Here are 10 important questions that should be on your list:

How long have you been a criminal defense lawyer?
Do you have experience with the criminal charges I’m facing?
Do you have experience with the court that’s handling/hearing my case?
Do you hold any special certifications or qualifications that relate to the crimes I’m charged with?
How big is your firm?
Will I be working directly with you?
Does my case have to go to trial?
How much is working with you going to cost me?
How often will I communicate with you?
Why should I choose you to represent me?

Why do I need a criminal defense lawyer?

If you’ve been accused or charged with a crime, you need an objective, experienced criminal defense lawyer on your side to help you defend yourself. You can’t just ignore the charges and hope they’ll go away. They won’t. And you can’t expect a business attorney or family law attorney to have the same skills as a Criminal Law Specialist. If you’re facing criminal charges, that’s the kind of lawyer you need on your side. Even better is a criminal attorney who has experience with the specific charges — DUIs, drug cases, sex cases, domestic violence, assaults, gang crimes, weapons charges, drive-by shootings, robberies, attempted murders, murders, etc. — that you’re facing. Mark Broughton is certified by the State Bar of California as a Specialist in Criminal Law.

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When should you hire a criminal defense attorney?

If you’ve been legally accused of a crime, arrested, or are facing criminal charges that may result in jail time or other legal consequences, you should hire a criminal defense attorney as soon as possible. The criminal defense process can be complex and challenging, and you want someone on your side to help you through it and protect your rights … right from the start. It’s important to take your charges seriously and to hire a criminal defense attorney who understands your situation and the consequences you face. Don’t wait, and don’t just hope for the best. Get the help you need to get the best outcome possible.

What do criminal defense lawyers look for?

Criminal defense lawyers look for nuances of evidence and details in your case that may prevent you from being found legally guilty of the crimes you’re charged with. The prosecutor has to prove you committed the crime beyond a reasonable doubt … your criminal defense lawyer looks for things that support the reasonable doubt. They also look for procedures not properly followed and anything that they can use to give you a positive outcome. They look for holes and things missing in the case against you. A good criminal defense lawyer like Mark Broughton will do a thorough case evaluation to look for everything they can use to fight for you.

Is it better to plead or go to trial?

Whether it’s better to plead or go to trial depends on the specific details of your case and is a question that must be answered on an individual basis. This is an important decision and should not be made without fully considering all the facts of your case. You also should not make this decision on your own. Your criminal defense lawyer can help you determine which option gives you the best chance for the most positive outcome in your specific situation.

Should I tell my attorney the truth if I’m guilty?

Everything you tell your attorney is confidential. They cannot share any details of your case with anyone, ensuring that your disclosures remain private.

For an effective defense, your lawyer needs to know every detail, even if it confirms your guilt. Holding back information can compromise your defense strategy, while full disclosure allows your attorney to build the strongest case possible.

Admitting to the DA’s allegations doesn’t necessarily mean you’re guilty of the charged crime. Sharing all information with your attorney helps them assess your situation and find legal discrepancies that might work in your favor.

Criminal trials are about presenting a convincing case. Your attorney needs all the facts to counter the DA’s arguments and improve your chances of a favorable verdict. You are entitled to a defense, regardless of the facts.

Honesty with your attorney can lead to better plea deals. If your attorney has all the facts, they can negotiate more effectively with the DA. Incomplete information can leave them unprepared and at a disadvantage.

Complete honesty is crucial, but remember that your attorney cannot let you lie on the stand or lie on your behalf. By being truthful, your attorney can negotiate plea deals and build the best possible defense.

Complete honesty benefits you and ensures you receive a skilled defense. Mark Broughton PC is dedicated to working closely with you to develop a strong and beneficial case. Our extensive experience in criminal law ensures proficient representation for your unique situation.

Do you go to jail after a plea hearing?

A plea hearing is when you respond “guilty,” “not guilty,” or “no contest” to the charges against you. This happens in court before a judge, but it is not the actual trial itself. After you enter your plea, the judge will either release you with your promise to return to court for your trial, set a bail amount and send you to jail until the bail is posted, or send you to jail without a bail option. What the judge chooses is based on the seriousness of your charges, any past history, and a variety of other circumstances … including your plea itself. Your criminal defense lawyer will help you prepare for your plea hearing and explain all the options available to you in your specific case.

What happens if you plead not guilty but are found guilty?

If you plead not guilty but are found guilty at trial, you will then receive sentencing. Sentencing is based on the specific criminal offense you’re convicted of and may include imprisonment or probation, with or without fines. Even if you’re found guilty, your criminal defense lawyer can present arguments for a minimal or reduced sentence. If you are found guilty, you also still have the right to appeal your guilty verdict to try to get your conviction overturned. A good criminal defense lawyer will still fight to get you the best possible outcome.

What happens if you go to trial and lose?

If you go to trial and lose, the next step is the sentencing hearing. The sentencing hearing is when the judge will impose your sentence after hearing additional arguments from your defense lawyer and the prosecution about the appropriate penalty based on the proven facts and situation of your specific case. A good defense lawyer will still fight for you to get the best possible sentence for your circumstances. Even if you have been found guilty, you still have the right to fair sentencing, so it’s important to hire a defense lawyer who will continue to fight for you all the way through.

Can my defense lawyer overturn my conviction?

It’s not up to the defense lawyer if your conviction will be overturned. That ruling is made by the appellate court. But your defense lawyer can and should give you their professional opinion as to whether there are grounds for appeal and what the possible, and likely, results of an appeal may be. Other ways to overturn a conviction include filing a motion for a new trial or filing a writ of habeas corpus. Your defense lawyer can advise you on what approach is appropriate for your specific case.

Can my defense lawyer get evidence thrown out?

Your defense lawyer can file motions to suppress evidence and get it thrown out, however, it’s the court’s decision whether to grant or deny the motions. There are different arguments a criminal defense lawyer can make to get evidence thrown out, and an experienced attorney like Mark Broughton will know which ones apply to your case and the evidence obtained against you. A good criminal defense lawyer will fight for you, including getting as much evidence thrown out as they can.

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How much does a good defense lawyer cost in Fresno?

The cost of a good defense lawyer in Fresno is impossible to generalize. It all depends on the lawyer’s experience and the type of case they’re handling. For example, a murder case will cost much more than a DUI case. In most instances, felonies will be more expensive than misdemeanors. And a defense lawyer’s experience is also case-specific. A very experienced DUI attorney may not have the experience or be qualified to handle a murder case. It’s best to ask specific Fresno defense lawyers for estimated costs for your specific case.

How much does a lawyer cost for a criminal case?

How much a lawyer costs for a criminal case depends on multiple things. For example, lawyers in smaller or less experienced firms will charge less than those in larger and more experienced firms. The more complex and serious your case is, the higher your costs will be. Likewise, your cost will likely be lower if your case is simpler. Misdemeanors will be less expensive than felonies in most instances. The best thing to do is to ask the lawyer you’re considering hiring about their fees and what they expect the cost to defend your specific criminal case to be.

Do lawyers have payment plans?

Whether lawyers offer payment plans is a question you should ask the specific lawyer you’re considering hiring to represent you. Since lawyers run their businesses independently, there is no general answer. Most are willing to work with you on payments and will create a plan based on various factors of your situation. Mark Broughton, for example, offers payment plans based on the complexity of the case and the client’s ability to pay.

What should I do if the federal government is charging me with a crime?

If the federal government is charging you with a crime, you should obtain legal counsel right away with a criminal defense lawyer who has experience in federal court defending clients against the same or similar charges that you’re facing. Federal penalties and sentences are usually more severe than those given by Fresno County Superior Court. Since the stakes are higher, you want a defense lawyer who can give you that high level of support in handling your case. Fresno criminal defense attorney Mark Broughton has experience defending clients facing federal crimes, with 40% of his practice consisting of the defense of federal crime. Don’t just sit back and hope for the best if the federal government is charging you with a crime. Hire an experienced defense lawyer who will fight for you.

When is the best time to hire a defense lawyer?

The best time to hire a defense lawyer is as early as possible. You want them to have as much time as they can to help you … to put their experience and expertise to work for you. Ideally, you would hire a criminal defense lawyer as soon as you were legally accused of committing a crime, especially if the charges you’re facing are serious. You’ll want a defense lawyer at your side during your arraignment, which is when you have the chance to plead guilty or not guilty. Hiring a defense lawyer as early as possible gives them the best possible chance to get you the best possible outcome.

What does a criminal defense lawyer do?

A criminal defense lawyer represents people charged with crimes and helps them fight those charges before, during, and after a court trial. They help you navigate the criminal justice system. They speak on your behalf and sometimes can negotiate to have charges reduced or even dropped. They look at all the details of your case and help you form a strategy that gives you the best chances for a positive outcome. They represent you in court through all the stages of a criminal trial — jury selection, opening and closing statements, questioning witnesses, etc. They are on your side and will fight for you every step of the way.

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Can a good Criminal Lawyer get you out of anything?

A good criminal lawyer can make sure you have a fair trial and will fight on your behalf to get you the best possible outcome. However, making a broad claim that they can get you out of anything is unethical and just not true. A good criminal defense lawyer will consider strategies and arguments that can potentially get your charges reduced or dropped. They will represent you if your case goes to trial and do all they can to get a “not guilty” verdict. However, the outcome doesn’t just depend on what your lawyer does. There are many factors that affect your case. A good criminal lawyer will be honest with you about your options rather than making impossible promises about outcomes.

Can you admit a crime to a lawyer?

Yes, you can admit a crime to a lawyer. However, it may or may not be in your best interests to do so. You should always be honest with your criminal defense lawyer, and they also have an ethical duty to be honest and not present arguments that they know to be false. This is why your lawyer may not specifically ask whether or not you committed the crime you’re charged with. It is your defense lawyer’s job to present the best possible defense on your behalf, so let them guide the process. If they want to know, they’ll ask.

Can defense lawyers help me clean up my record?

A defense lawyer may be able to help you clean up your criminal record. It depends on your situation and just what your record contains. Expungement is worth the effort, though, because a criminal record can impact your application for a new job or housing. It can affect your gun rights. It may require you to register as a sex offender, or prevent you from enlisting in the military. There are several options you can consider to clean up your record, and the laws related to cleaning up a criminal record can be complicated. So it’s usually best to hire a defense lawyer with experience in doing so.

Can my defense lawyer keep me out of the Fresno County Jail?

Your defense lawyer will do everything possible to keep you out of the Fresno County Jail. This is easier to achieve with certain charges, and more difficult with others. There are multiple factors affecting whether you will spend time in jail or be released. However, an experienced criminal defense lawyer like Mark Broughton on your side gives you the best chance to avoid jail time, so it’s essential to obtain legal counsel as soon as you can.

How do you avoid jail time for a felony?

What are the different types of criminal lawyers?

There are two different types of lawyers who are involved in criminal cases: criminal defense lawyers and prosecutors. Criminal defense lawyers represent people who are legally accused and charged with committing a crime. Prosecutors represent the state or federal government and have to prove beyond a reasonable doubt that a defendant is guilty. Among criminal defense lawyers, some — like Mark Broughton — also are Certified by the State Bar of California as Specialists in Criminal Law. Some — like Mark Broughton — are qualified as death penalty lawyers and serve on a special circumstances/death penalty panel of attorneys, where they are appointed to special circumstances/death penalty murder cases by the court. Be sure to ask your criminal lawyer if they have experience and/or special certifications or qualifications in handling your specific type of case.

What is the difference between a defense attorney and a lawyer?

Most of the time, the terms “attorney” and “lawyer” are used interchangeably. However, if you want to be completely, technically accurate, a “lawyer” is someone who has completed law school, passed the bar exam, and gives legal advice to clients but who doesn’t necessarily practice law in court. An “attorney,” on the other hand, also has completed law school, passed the bar exam, gives legal advice, AND practices law in court. A defense attorney represents people accused of crimes in court and helps them present a legal defense against the charges they’re facing. Mark Broughton is a defense attorney in the full definition of the word, however, he often refers to himself as a criminal defense lawyer as well because he doesn’t want his clients to have to worry about the distinction between these two words.

What is the difference between a civil lawyer and a criminal lawyer?

The difference between a civil lawyer and a criminal lawyer is the type of cases they handle for their clients. A criminal defense lawyer represents clients who are facing criminal charges in either state or federal court. A civil lawyer provides representation for cases that aren’t criminal. Civil cases are when one person or business sues another one because of a dispute between them. Criminal cases are when the government (state or federal) files a case to punish someone for committing a crime. This is an important distinction because if you’re facing the consequences associated with a criminal case, you definitely want an experienced criminal lawyer representing you and fighting to get you the best possible outcome.

Do criminal defense lawyers make money?

Criminal defense lawyers provide a professional service, and, yes, they make money for doing so. Criminal defense lawyers in private practice charge you directly. If you cannot afford to hire a private-practice criminal defense lawyer, the court will appoint a public defender to represent you at no cost to you. Even though you are not directly paying a public defender, they are still making money, as their salary is paid by the government.

What is a defense lawyer called?

A defense lawyer — one who represents you in court, fights for your rights to a fair trial, and defends you against the crimes you’re charged with — can be called a criminal defense lawyer, a criminal defense attorney, a defense lawyer, a defense attorney, or anything similar. Those who have additional experience, qualifications, and meet the other requirements may also be given the Certified Specialist in Criminal Law designation by the State Bar of California.

What types of crimes does my attorney defend?

This is an important question to ask when researching and determining which defense lawyer to hire. Not all attorneys defend against all criminal charges, and you definitely want one experienced fighting the charges you’re facing. For example, Mark Broughton is a criminal defense lawyer experienced with criminal charges ranging from misdemeanor DUIs to complex cases involving white-collar crimes, gangs, sexual assault, and murder charges. He has fought for clients in both state and federal courts, and he is currently on the special circumstances/death penalty panel of attorneys who are appointed to the most serious murder cases tried in Fresno County Superior Court.

Will my defense lawyer help with a murder defense?

A defense lawyer who specializes in and has experience with murder defense is your best choice for help if you’re facing murder charges. Not all defense attorneys take murder cases. Mark Broughton does. He’s certified as a specialist in criminal law by the State Bar of California, is qualified as a death penalty lawyer, and is on the special circumstances/death penalty panel of attorneys in Fresno. There are legal defenses for murder, and an attorney experienced with murder defense — like Mark Broughton — will be able to determine which are best used with an individual case.

Do defense lawyers help with DUI defense?

Not all defense lawyers have experience with DUI defense. Mark Broughton does. There are legal defenses for a DUI, including unlawful stop, unlawful arrest, flawed test results, and where the timing of a blood test occurs on the blood alcohol curve. Which, if any, of these defenses apply to any individual case is what a defense lawyer with experience fighting DUI charges can determine and then proceed with. If you’ve been arrested or charged with a DUI, it’s important to take the charges seriously and hire an experienced defense attorney like Mark Broughton, who understands your situation and the consequences you face.

Do defense lawyers help with aggravated assault cases?

Violent crimes like aggravated assault, which can be charged as a felony or misdemeanor, are best defended by defense lawyers with experience with these cases. There are legal defenses for aggravated assault that an experienced defense attorney will consider and that those unfamiliar with these charges may not think of. Not all defense lawyers have experience with all criminal charges, like aggravated assault. Mark Broughton does, and he believes that every person has the right to a fair trial.

Will my defense lawyer help if I am accused of gun charges?

A defense lawyer can best help with gun charges like gun possession or assault with a deadly weapon when they have experience with these cases. Not all defense lawyers have handled gun charges, so it’s important to ask your attorney if they have this experience. Mark Broughton does. In fact, he’s committed to protecting the Constitutional rights of his clients and has handled multiple types of cases involving guns, including gun possession, drive-by shootings, assault with a deadly weapon, and many more. There are legal defenses that may apply to specific gun charges, so it is always best to work with a defense lawyer who has defended the gun charges you’re accused of.

Do defense lawyers help with Domestic Violence Charges?

There are legal defenses for domestic violence charges, although not all criminal defense lawyers are willing to take these cases. Mark Broughton is one who will help you if you’ve been legally accused of, arrested, or charged with domestic violence. Common domestic violence crimes include corporal injury to a spouse or cohabitant, child abuse, child neglect, domestic battery, child endangerment, criminal threats, and stalking. Mark Broughton believes everyone deserves the right to a fair trial and is innocent until proven guilty. That’s the kind of defense lawyer you want on your side to help with domestic violence charges.

Do defense lawyers help with felony charges?

Felony charges have serious consequences, so you want to make sure you get help from a criminal defense lawyer with the experience to fully understand your situation. For example, Mark Broughton has been a defense attorney for more than 40 years and has conducted over 200 jury trials, including “three strikes” cases, robberies, attempted murders, murders, and special circumstance murder cases, among other felony charges. There are legal defenses for felony crimes, and an experienced criminal defense lawyer will know which special defenses may be applicable to your specific case.

Do defense lawyers help with violent crimes?

Violent crimes are anything where a perpetrator uses force or threat upon a victim. This could also include crimes involving criminal street gangs, dangerous or deadly weapons, murder, or rape. Not all defense lawyers have the experience to help with violent crimes, so it’s important to find one who understands your situation and is willing to fight for you. Mark Broughton does help with violent crimes. He has the experience, the compassion, and the empathy you need to help get you through the complex and challenging process of being charged with a violent crime.

Do defense lawyers help with drug charges?

Criminal defense lawyers sometimes specialize, so you’ll want to ask your defense lawyer to be sure they can help with the specific drug charges you’re facing. Mark Broughton handles drug charges and will fight to get you the best possible outcome. Drug crimes range anywhere from possession to drug trafficking, so the legal defenses and penalties vary greatly. Drug charges can include possession, possession for sale, manufacturing, DUI, and others. Drug charges also may be prosecuted in state or Federal Court, so it’s important that your defense lawyer has experience in both courts. Mark Broughton does.

Do defense lawyers help with fraud charges?

Fraud is considered a white collar crime, and not all defense lawyers help with fraud charges. Mark Broughton knows the legal defenses for fraud, and he does defend against fraud charges, including insurance fraud, mortgage fraud, check fraud, identity theft, forgery, mail fraud, and others. If you’ve been legally accused of fraud, it’s important to work with a defense lawyer with experience and the proper knowledge of fraud, because the penalties can include high fines and imprisonment.

Do defense lawyers help with white collar crime?

Not all defense lawyers help with white collar crime, most of which is handled by either the FBI or the Department of Homeland Security and charged at the federal level. Mark Broughton is one who will fight for you if you’ve been arrested or charged with a white collar crime. There are certain legal defenses for these crimes that can be considered, depending on the charges you’re facing. Common penalties for white collar crimes include imprisonment and high fines, so it’s important to work with a criminal defense lawyer who has experience defending people accused of these specific crimes and understands all the consequences you’re facing.

Do defense lawyers help with juvenile defense?

The purpose of the juvenile justice system is to enable rehabilitation, so most legal defenses for juvenile crimes focus on proving that a minor can be rehabilitated. This is something that not all defense lawyers understand or have experience with. Mark Broughton does. He understands the consequences minors face when charged with a crime. He understands the stress it puts on a family. He is here to fight for you and help get you through it with the best possible outcome.

Do any defense lawyers in Fresno help with federal crimes?

Some defense lawyers in Fresno help clients charged with federal crimes, and some don’t. Mark Broughton is one who does. In fact, 40% of his practice deals with the defense of federal crimes. This is the kind of experience and expertise that you want in your defense lawyer when you’re facing federal criminal charges. Because Fresno County Superior Court (state court) is different from the U.S. District Court, Eastern District of California (federal court). The Fresno division of the U.S. District Court, Eastern District of California covers Calaveras, Fresno, Inyo, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare, and Tuolumne counties, with court being held in Fresno at the Robert E. Coyle U.S. Courthouse. Federal laws are different, and the penalties and sentences are more severe, so you need a defense lawyer with federal experience like Mark Broughton.

Do defense lawyers help with federal drug charges?

Some defense lawyers have experience helping clients with federal drug charges, and some don’t. You want one who does. Local Fresno criminal defense lawyer Mark Broughton does. It’s important that your attorney has this experience because the penalties in federal court are much more severe than those in state court, and federal drug offenses carry statutory mandatory minimum sentences based on the amount and kind of drugs involved. There are legal defenses to federal drug charges, and you want your defense lawyer to know about them and how to use them to fight for you. Mark Broughton does.

Do defense lawyers help with arson charges?

Criminal defense lawyers help with arson charges if it’s within the scope of their practice to do so. Mark Broughton is an arson attorney in Fresno whose firm does help clients fight arson charges. There are two types of arson — reckless arson and malicious arson — and there legal defenses for both types. Malicious arson is always a felony in California, but reckless arson can be charged as a felony or as a misdemeanor. As with any type of charges, and especially felonies because of their associated penalties, it’s important to hire a defense attorney with experience with your specific charges. With 40+ years as a Fresno criminal defense lawyer, Mark Broughton has the experience and qualifications you need on your side.

Does everyone deserve a defense?

Not only does everyone deserve a defense, everyone is guaranteed the right to a fair trial by the 5^th Amendment. Fundamental to a fair trial is the presumption of innocence — the principle that everyone is presumed innocent until proven guilty. So, yes, everyone deserves a competent, qualified defense attorney to present the best defense possible to help them fight the charges they’re facing.

What if a lawyer knows his client is lying?

A lawyer cannot ethically or legally offer evidence that the lawyer knows to be false. So if a lawyer knows his client is lying, he can’t present the lies as evidence. Further, the American Bar Association rules state that “the failure of the client to be truthful with the lawyer is grounds for the lawyer to withdraw from the representation.” It’s vitally important for clients to truthfully answer the questions their lawyers ask them. Not only to safeguard the lawyer’s ethics, but also to help the lawyer provide the client with the best possible defense for their specific situation.

Why is a defense attorney important?

A defense attorney is important because they balance the scales of justice and maintain the integrity of the justice system. They are important to the process because they work to make sure that everyone gets the fair trial they are guaranteed by the 5^th Amendment, to ensure that the courts do not wrongfully convict those charged with crimes, and to safeguard against excessive sentences for those who are convicted of crimes. And they are important to each individual defendant because it is their duty to defend them to the best of their ability, to advocate for them, and to be on their side even when it seems like no one else is.

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Will a lawyer take a losing case?

Yes, a criminal defense lawyer will take a “losing case” … or, in other words, a case where the charges and the circumstances seem to be such that a conviction is likely. They do so because the defendant always is entitled to a fair trial with a lawyer on their side fighting to get them the best possible outcome. Sometimes that means a conviction of lesser charges. It could be less severe sentences and/or penalties. Each case is different, of course, but even in what seems to be a “losing case” there are things that a defense attorney can do to make sure their client gets the best possible outcome given the circumstances.

Do defense lawyers help with sex crimes?

Some criminal defense lawyers help with sex crimes cases, and some don’t. It depends on the scope of their practice. Sex crimes can be charged as a misdemeanor or as a felony, and there are legal defenses for sex crimes that a defense lawyer will use if appropriate and relevant to the charges. If you’ve been accused or charged with a sex crime, it is important to obtain legal counsel right away.

Do defense lawyers help with driving crimes?

Yes, defense lawyers help with driving crimes, including DUI, hit and run, driving without a license or with a suspended license, evading an officer, and vehicular manslaughter. Most driving crimes beyond simple traffic tickets are charged as misdemeanors, but some can be charged as felonies under certain circumstances. It’s important to get help from an experienced defense lawyer if you’re facing charges of driving crimes.

Do defense lawyers help with gang crimes?

Crimes are punished more harshly when they are committed on behalf of a gang, so it’s important to get help from a defense lawyer experienced with gang crimes cases if you’re facing these charges. For example, the Gang Sentencing Enhancement includes a required additional prison sentence on top of the “normal” penalties for felonies. Mark Broughton is a Fresno criminal defense lawyer whose firm understands the consequences involved and helps clients fight charges of gang crimes.

Do defense lawyers help with assault?

Defense lawyers can help with assault charges, and there are legal defenses that can be considered. Assault is an attempt to commit a violent injury upon someone else. As such, there are specific things that have to be proven in order to be found guilty and convicted of assault. A defense lawyer experienced with assault cases — like Mark Broughton — will challenge the prosecution to prove every single element that they must.

Do defense lawyers help with criminal threats?

Criminal threats can be charged as a misdemeanor or as a felony, depending on the circumstances, and criminal defense lawyers can help if you’re facing criminal threats charges. Like assault charges, there are specific things the prosecution must prove in order for you to be convicted of criminal threats. And there are legal defenses to these charges that an experienced defense lawyer will consider.

How do I prepare for court?

The best way to prepare for court is to hire a criminal defense lawyer you can trust and then do everything they tell you to do. They will guide you on when to be there, how to dress, what to expect, and what to say. Your lawyer can also advise you if there may be anything else you can do to proactively prepare. Take their professional advice. They’re on your side and are fighting to get you the best possible outcome, so do what they say.

What is the first step in the court process?

The first step in the criminal court process — the first time a defendant appears in court — is the arraignment. This is where the judge officially tells you what the charges are, what your rights are, and that if you don’t have enough money for a lawyer, the court will appoint one for you. This is also where you may respond to the charges with a plea of not guilty, guilty, or no contest.

What happens at a court hearing?

The court hearing, or preliminary hearing, happens after the arraignment if the case doesn’t get dismissed or settled. The judge at the court hearing decides if there’s enough evidence to support the charges and to go forward to trial.

How is a criminal case processed?

After the arraignment and hearing, criminal cases are processed in three general stages: pre-trial, trial, and post-trial. The pre-trial stage is where discovery happens, as well as any possible motions or plea bargains. The trial, of course, happens in court in front of a judge and jury where lawyers for both the prosecution and the defense present their sides of the case. Sentencing also happens during the trial phase, although it generally happens at a separate hearing. And the post-trial stage is the appeal process, which is handled by an appellate court.

Can my lawyer represent me in court without me being there?

A criminal defense lawyer can represent you in court without you being there only in certain circumstances and only if you’re being charged with a misdemeanor only. If you’re being charged with a felony, however, you must be present in court. A lawyer cannot represent you in court without you being there in felony cases.

What are the 3 types of murder?

Under California law, the three types of murder are Capital Murder, 1st-Degree Murder, and 2nd-Degree Murder. Florida, Pennsylvania, and Minnesota recognize a 3rd-Degree Murder charge that’s similar to a manslaughter charge in California.

Capital Murder is 1st-Degree Murder with “special circumstances.” The circumstances that elevate 1st-Degree Murder to Capital Murder include killing for financial gain, killing as part of a hate crime, killing more than one victim, killing a member of law enforcement, killing done as part of gang, as well as about 15 others listed in CA Penal Code Section 190.2 PC.

First-Degree Murder is defined by California law as the intentional killing of another person with deliberate and premeditated “malice aforethought” and without any lawful excuse (such as self-defense).

Second-Degree Murder differs from first-degree murder in that it wasn’t deliberate or premeditated.

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Which is worse – 1st, 2nd, or 3rd degree murder?

In the eyes of the law, 1st-Degree Murder is the worst type of murder. As such, it carries the most severe penalties in terms of sentencing if convicted.

What is manslaughter vs homicide?

Homicide is a general term that means someone has been killed by someone else. Both murder and manslaughter are homicide charges of different degrees of severity and carrying different penalties.

The main difference between manslaughter and murder charges is the intent behind the crime. Manslaughter is when someone has been killed but there wasn’t a premeditated intention to do so with malice aforethought.

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What is the difference between 1st degree and 2nd degree manslaughter - tabletop scales with book fanned out behind

What’s the difference between 1st degree and 2nd degree manslaughter?

First-Degree Manslaughter — voluntary manslaughter — is considered a “heat of passion” crime. It is when one person kills someone else during a sudden fight, for example, or in unreasonable self-defense or by acting with a conscious disregard for human life.

Second-Degree Manslaughter — involuntary manslaughter — is when a person kills someone else through gross negligence or recklessness. It could happen while committing a lawful act unlawfully (like driving a car while under the unlawful influence of alcohol or drugs, for example) or it could happen while committing a crime but with criminal negligence.

How much time do you get for manslaughter?

Sentencing for manslaughter depends on the level of the crime you’re convicted for. You could be facing anywhere from 3 to 11 years in state prison if convicted of voluntary manslaughter. Sentencing can range from 2 to 4 years for involuntary manslaughter.