Misdemeanor Defense

• Up to one year in county jail
• Fines and court fees, sometimes thousands of dollars
• Informal or summary probation for one year but sometimes up to three years
• Mandatory classes (e.g., anger management, theft education)
• Community service
• Loss of professional or occupational licenses
• Loss of firearms rights
• Protective or stay-away orders
• Immigration consequences for non-citizens
• Criminal record affecting future employment
• Driver’s license suspension (in specific offenses)

No two misdemeanor cases are the same. The appropriate defense depends on what actually happened, how law enforcement handled the situation, and what evidence the prosecution is relying on. At Couzens Criminal Defense, we evaluate every case individually to identify weaknesses and build a defense strategy designed to protect your rights and your future.

Depending on the circumstances, a misdemeanor defense may involve one or more of the following approaches:

1. Lack of evidence: The prosecution must prove guilt beyond a reasonable doubt.
2. Mistaken identity: You may have been wrongly identified as the suspect.
3. Alibi: You were somewhere else at the time of the alleged offense.
4. No criminal intent: Many misdemeanors require intent, which may be missing in your case.
5. Self-defense: You had a legal right to use force to protect yourself or others.
6. False accusation: Charges may be fabricated or exaggerated by the alleged victim or witness.
7. Unlawful search or seizure: If your rights were violated, key evidence may be suppressed.
8. Violation of your Miranda rights: Statements made without proper advisement may be excluded.
9. Police misconduct: Improper investigation or bias can undermine the case.
10. Diversion or alternative sentencing: We may negotiate for a program that avoids conviction entirely.

In some California misdemeanor cases, defendants may qualify for diversion — a process that allows a criminal case to be placed on hold while the person completes court-approved requirements. If the program is successfully completed, the charges may be dismissed, allowing the individual to move forward without a conviction.

Two important diversion options that may be available include:

Military Diversion (Penal Code § 1001.80)
This program may apply to current or former members of the U.S. military who are suffering from service-related conditions such as PTSD, traumatic brain injury, military sexual trauma, or substance abuse. Eligible defendants may be permitted to enter treatment instead of proceeding through the criminal process.

Judicial Diversion (Penal Code § 1001.95)
Judicial diversion allows a judge to grant diversion in many misdemeanor cases — even over a prosecutor’s objection — if the court finds diversion to be in the interests of justice.

Both programs, when successfully completed, can result in the full dismissal of charges.

At Couzens Criminal Defense, you benefit from:

• A former award-winning prosecutor who now defends people accused of a misdemeanor
• Nearly two decades of courtroom experience with misdemeanor charges
• Early, pre-filing intervention to stop charges before they start
• A firm that knows how to investigate, challenge, and negotiate on your behalf
• Customized defense strategies including self-defense, mutual combat, lack of intent, and false accusation