Marty V. Miller is dedicated to providing his clients with superior legal representation, and is committed to obtaining the best result possible.
A verbal altercation in a bar or at your own home could be misconstrued as an assault charge. If you are accused of starting a bar fight or engaging in domestic violence, secure experienced legal help immediately. Understandably, you may feel tempted to explain your side of the story to law enforcement. But, any details you provide could be used against you.
At the Law Offices of Marty V. Miller, we will act quickly to develop an effective defense strategy against battery and assault charges. The Law Offices of Marty V. Miller’s assault attorney Marty V. Miller has a comprehensive understanding of the criminal justice system. Mr. Miller knows how prosecutors develop cases against individuals suspected of criminal assault. He is prepared to stay ahead of the prosecution through identifying any procedural errors, contradictory evidence or violations of your civil rights.
Contact the Law Offices of Marty V. Miller today to schedule a free initial consultation addressing your misdemeanor or felony assault charge. Call (951) 335-9015, at (858) 223-6555 or email us today.
Criminal defense attorney Marty V. Miller offers a substantial background defending individuals in Southern California accused of offenses ranging from simple assault to aggravated assault with a deadly weapon, including:
Attorney Miller V. Miller will devote the right resources to develop an effective defense strategy against the damaging charges. He will meet with any eyewitnesses to understand the series of events before the alleged criminal activity occurred. We are prepared to craft a strategy around self-defense, if you were in fear of your life. Mr. Miller will also seek to illustrate any weaknesses in the prosecution’s evidence or contradictory statements from the plaintiff. When appropriate, we work with psychologists to illustrate the alleged victim’s state of mind and tendency to exaggerate or lie. Assault defense attorney Marty V. Miller will analyze the case from every angle possible. If your civil rights were violated or procedural errors were made, we will fight for an acquittal.
To learn more about our approach to client service in California assault defense, contact us for a free consultation at (951) 335-9015, at (858) 223-6555, or by e-mail.
Assault with a deadly weapon is a serious felony offense, which could result in a significant term of imprisonment. An assault with a deadly weapon, other than a firearm, may result in a prison sentence of up to four years. Aggravating factors, such as an assault with a firearm, machine gun, semi-automatic weapon or assault of a police officer, could result in a longer term of imprisonment [CA Penal Code 245].
If you have been arrested for assault with a deadly weapon, or another violent crime that could result in a significant term of imprisonment, it is critical that you protect your rights by retaining an experienced criminal defense attorney. For the strong defense you need, contact the Law Offices of Marty V. Miller; call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.
Marty V. Miller has defended clients in hundreds of criminal cases throughout California, including cases as complex as murder, rape and assault with a deadly weapon. Mr. Miller knows how to properly investigate high-level felony cases to find key evidence, discredit the prosecution’s theory of the case, call into question the validity of the prosecution’s witnesses and question the prosecution’s evidence.
Marty V. Miller understands how prosecutors may approach such cases and what evidence they need to obtain a conviction. Mr. Miller will ask key questions on your behalf to raise a strong defense:
Taking these and other factors into consideration, we will build a strong defense on your behalf with the intent of seeking a case dismissal, obtaining an acquittal at trial or obtaining leverage to seek a favorable plea agreement on your behalf.
Depending on the facts of your case, you may decide that it is not in your best interests to take your case to trial. A plea to simple assault or another lesser charge could significantly reduce the penalties you face. In some instances, a plea could be possible that would allow you to avoid a felony conviction, or avoid a conviction altogether.
If the prosecution makes a plea offer, we will fully explain the terms of the offer and how it may impact your future. Moreover, if alcohol treatment, drug treatment, counseling or other measures may help you avoid future legal entanglements, we may be able to use such options to demonstrate that you take your charges seriously and you are taking remedial measures to avoid future problems. Taking such measures can affect the way a judge or prosecutor views your case, as corrective measures demonstrate responsibility and reduce concerns of recidivism. Whether you choose to fight your charges at trial or seek a favorable plea agreement, we will be by your side every step of the way throughout your case to provide the vigorous defense and highly personalized service that you need. We care about our clients and take significant measures to protect their freedom, record and rights.
To schedule a free consultation with one of our Riverside and San Diego assault with a deadly weapon lawyers, call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.
Nothing more serious could be facing you or a loved one than the charge of murder or homicide. The crime that is charged when someone’s life is taken carries with it either the death penalty or life in prison. It is the end of the road.
Making the correct decision on hiring the right defense team is critical and must be made swiftly. You or your loved one will be arrested and questioned. This questioning must be stopped. We frequently speed to the police station where our clients have been taken for this purpose. Bail will be substantial – always over a million. Most people with such a high bail are unable to secure their release. You need a team that is ready to react. Video cameras must be checked right away before critical evidence is erased forever. Interviews must be conducted. Subpoenas must be served to prevent the destruction of evidence. You need a team that can deliver all of this smoothly and without delay.
The Law Offices of Marty V. Miller has formed a rapid deployment plan that focuses all of its resources on just such an emergency. Our serious felony trial team includes key experts, including investigators that are ready to go at a moment’s notice.
As with any criminal investigation, it is a critical error to cooperate with an interview. Bottom line, "Don’t talk to the cops!"
Being charged with a homicide is a extremely serious offense. A Homicide (Murder) is defined by California Penal Code Section 187 as:
(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. If you have been charged with murder, the attorney you choose will likely be one of the most important decisions you ever make. Obtaining a strong defense could be the difference between freedom and a life behind bars.
Having a skilled homicide defense attorney is important in any criminal case, but it is even more critical in a murder case. To properly defend a client against a murder charge, a defense lawyer must be prepared to effectively challenge the prosecution’s evidence. To do so, a murder defense attorney must be prepared to effectively cross-examine the prosecution’s witnesses, including any expert witnesses.
In some cases, a homicide defense attorney may need to use expert witnesses on behalf of the defendant to challenge forensic evidence, ballistics evidence and other scientific evidence presented by the prosecution. We are prepared to do so and have worked with expert witnesses in the past to provide a vigorous defense on our clients’ behalf.
In addition to fighting your charges at trial (or seeking a case dismissal for lack of probable cause), we can also negotiate with the prosecution to seek a favorable plea agreement. A plea agreement might involve a plea to a lesser offense or an agreement on sentencing that will significantly reduce the penalties you face.
We will take the time to talk to witnesses, investigate what really happened in your case, understand what evidence is in the prosecution’s possession, look for holes in the prosecution’s case, and determine if the police violated your constitutional rights or made other critical errors that can be used to your advantage.
We are committed to raising a strong and comprehensive defense on your behalf. Depending on the facts of your case, the following defenses and strategies may be helpful:
We have defended clients against murder charges and other felony violent crimes. You can be confident that you will have a highly skilled and dedicated defense lawyer who will advise you of your rights, help explain the process and work diligently to seek the best possible outcome on your behalf.
To schedule a free consultation with one of our Riverside and San Diego homicide defense lawyers, call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.
Have you been charged with attempted murder or another high-level violent crime in California? If so, contact the experienced criminal defense lawyers at the Law Offices of Marty V. Miller; call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.
In California, a conviction for attempted murder could result in a life term in prison. Marty V, Miller is here to raise the strong defense you need.
We have defended hundreds of clients throughout California against criminal charges, including murder charges and other high-level felony offenses. We understand the tremendous time, commitment and resources that are required to effectively raise a strong defense in such cases. Marty V. Miller understands what prosecutors need to build a strong case and obtain a conviction. He understands which defense strategies may be used effectively on behalf of a person accused of attempted murder.
If retained as your counsel, we will thoroughly investigate the facts of your case to explore defenses that may be used to seek a favorable outcome on your behalf. Were you acting in self-defense? Was a person killed in a fight in which you did not intend to kill the victim? Was the victim’s death an accident? Is this a case of mistaken identity? These and other issues will be fully explored to provide the strong defense you need.
To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
At the Law Offices of Marty V. Miller, we have defended many clients charged with a violent crime, including murder charges and other high-level violent crimes. We can provide the strong defense you need if you have been charged with voluntary manslaughter or involuntary manslaughter. For help, contact our law office in Riverside and San Diego; call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
If you discovered your spouse in bed with another lover and suddenly killed your spouse in a sudden rage, you may have been charged with first-degree murder. However, you may only be guilty of voluntary manslaughter, an offense that carries a maximum prison sentence of 11 years, as opposed to a life sentence.
California Penal Code 192 defines manslaughter as the unlawful killing of a human being without malice. The term malice is used in a highly technical sense and does not simply imply a feeling of anger. This point is clarified by CA Penal Code 192(a), which defines voluntary manslaughter as the unlawful killing of a human being without malice and "upon a sudden quarrel or the heat of passion."
If you have been charged with murder and the evidence is stacked against you to show that you did unlawfully kill another person, seeking a conviction to the lesser charge of voluntary manslaughter may make a significant difference in your case.
To effectively raise such a defense, you must be able to establish that you were provoked, that a reasonable person in such a situation might be similarly provoked to kill, and that you did not have sufficient time to cool off and further contemplate your actions. If retained as your counsel, we will thoroughly investigate the facts of your case to determine which defense strategy gives you the best opportunity to protect your freedom.
Pursuant to California Penal Code 192(b), you may be charged with involuntary manslaughter under two separate circumstances:
A conviction for involuntary manslaughter carries a maximum sentence of four years imprisonment. If you caused the unintentional death of another person and you were not committing a crime, it is not sufficient for the prosecution to allege that you made a mistake. The phrase “without due cause and circumspection” implies something more than a simple mistake.
Marty V. Miller can raise a number of issues and defenses on your behalf to raise the strong defense you need. A plea to a lesser offense or a plea that allows you to avoid a criminal conviction may be possible depending on the facts of your case. If you choose to fight your charges at trial, we have the skilled trial lawyers to aggressively defend your rights in the courtroom.
To schedule a free consultation a manslaughter defense lawyer, call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
The State of California aggressively prosecutes individuals charged with weapons offenses. Such offenses may include:
If you have been arrested for a weapons offense, it is critical that you protect your rights by retaining an experienced criminal defense lawyer. For a vigorous defense, contact the Law Offices of Marty V. Miller in Riverside and San Diego, California; call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.
If you are facing a weapons charge in Riverside and San Diego, it likely falls into one of three categories: commission of a crime with the use of a deadly weapon; illegal possession, sale or manufacture of a firearm; or a weapons offense involving something other than a firearm such as a knife or brass knuckles.
To prove illegal possession of a firearm, the prosecution must prove beyond a reasonable doubt that you knowingly possessed the firearm. If your friend placed a gun in your car or home and you had no knowledge of such fact, you would not be guilty of a crime. Another possible defense strategy is to seek the suppression of a seized firearm if it was obtained as a result of an unconstitutional search and seizure.
As experienced criminal defense attorneys, there are many ways that we can raise a strong defense on your behalf. We are passionate advocates for each of our clients and work diligently to minimize the consequences they face as a result of a criminal charge.
To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
Armed robbery is one of the most serious criminal charges a person may face. All robberies are a felony offense, which may result in a significant term of incarceration in a state prison. If you are convicted of committing a robbery with a gun, however, you also face the possibility of an additional prison sentence of 10 to 25 years.
With so much at stake, finding the right attorney is critical. You can find the strong defense you need at the Law Offices of Marty V. Miller in Riverside and San Diego. Marty V. Miller knows how to critically examine the strengths and weaknesses of a criminal case, use creative measures to help minimize the potential impact of criminal charges and raise a strong defense at trial when necessary. Contact us today for help; call (951) 335-9015, at (858) 223-6555 or contact us by e-mail.
In California, a robbery occurs when a person takes the personal property of another person through the use of force or fear. To constitute a robbery, the defendant must take the property directly from the alleged victim or in his or her immediate presence.
Robbery may be charged as first-degree robbery or second-degree robbery. The maximum prison sentence for second-degree robbery is five years, whereas a first-degree robbery can result in a maximum prison sentence of six or nine years [CA Penal Code 213].
Robbery is a strike offense, which means that you will face significantly increased penalties if you are convicted of a felony at a future date. Visit our Robbery Charges page to learn more about first- and second-degree robbery and the consequences of being convicted of a strike offense.
In addition to any prison time you may be required to serve for a first- or second-degree robbery conviction, you may be sentenced to a prison term of 10 to 25 years for the separate offense of using a weapon in the commission of a crime. Under California law, use of a firearm in the commission of a crime may result in the following penalties:
If you have been charged with armed robbery, there are many defenses we may raise on your behalf. The victim may have misidentified you. The state may not have sufficient evidence to prove your guilt beyond a reasonable doubt. We may be able to suppress evidence obtained by law enforcement officials as a result of an unconstitutional search and seizure.
Our first hope is to help you avoid a criminal conviction altogether. We offer skilled trial lawyers who are prepared to fight for an acquittal on your behalf at trial if you wish to fight your charges. Even if the prosecution has an overwhelming case, however, we may be able to get your charges reduced to a non-strike offense or other lesser offense, or we may be able to reach a plea agreement with the prosecution that will favorably impact your sentencing. We believe that every person accused of a crime has a right to a zealous defense, and that is exactly what we will provide on your behalf if retained as your counsel.
To schedule a free consultation with one of our Riverside and San Diego armed robbery defense lawyers, call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
If you have been charged with kidnapping, false imprisonment or any related offense, you could be facing significant felony criminal penalties, up to life in prison without the possibility of parole. Fortunately, there are many defenses to these charges, and an experienced kidnapping and false imprisonment defense attorney can help you identify and assert those defenses.
The California Penal Code defines kidnapping as the taking of another person by force or fear to another location of a sufficient distance (as defined by the Code). If the victim is a child, it is sufficient that the kidnapper used persuasion or trickery to move the child a sufficient distance for illegal purposes specified in the Code.
Any kidnapping offense under California Penal Code sections 207 through 210 is a felony offense, which may result in significant criminal penalties. The most serious kidnapping offenses may result in life in prison without the possibility of parole.
Our attorneys are committed to providing the strong defense you need. We can raise a number of defenses on your behalf if you have been charged with kidnapping, including:
In addition to fighting your kidnapping charges at trial, we can also negotiate with the prosecution to seek a favorable plea agreement. A plea agreement might involve a plea to a lesser offense or an agreement on sentencing that will significantly reduce the penalties you face.
Any kidnapping offense under California Penal Code 207 is a felony offense and may result in a maximum prison sentence of three to eight years. The kidnapping of a child under age 14 may result in a maximum prison sentence of 11 years (subject to enhanced penalties under certain circumstances, as explained below).
If you are convicted of aggravated kidnapping, you could face a life sentence in state prison. Aggravated kidnapping includes:
Kidnapping involving a ransom request may result in a life sentence in state prison without the possibility of parole if the victim suffers death or bodily harm (California Penal Code 209).
At the Law Offices of Marty V. Miller, our criminal defense lawyers have a proven track record of successfully defending clients against Riverside and San Diego kidnapping charges. To protect your rights, contact us at (951) 335-9015, at (858) 223-6555, or by e-mail.
Restraining, confining or detaining a person without his or her consent is a criminal offense under California Penal Code section 236. With the above elements satisfied, one is subject to a misdemeanor prosecution, but the charge can be upgraded to a felony if the imprisonment is effected by overt physical force, by threats of physical force, or by deception or fraud.
Unlike kidnapping, which requires the movement of the victim, false imprisonment can be confining someone or causing someone to believe he or she is confined to any location, whether small or large and regardless of whether it is locked or not. The key ingredient, which many charged with the crime are shocked to discover, is that the imprisonment need only last for a moment, like holding a door shut or telling someone that he or she cannot leave.
In the heat of the moment, during an argument or a breakup or a dispute over money, two people can act out of anger, frustration or desperation — and in that moment, it is easy to run afoul of one or more sections of the penal code. This can lead to arrest, confinement and conviction. Such charges often result in jail sentences, probation and fines and can have indirect consequences like the loss of a job, loss of child custody and deportation from the United States.
There are a variety of defenses that may be applicable to your charged offense of false imprisonment. They include, but are not limited to, the following:
Punishment is dependent on both the level of the charge — misdemeanor or felony — and the specific circumstances of the incident, as well as any prior criminal record, including currently being on probation or parole. On its own, a conviction for false imprisonment carries up to a year in the county jail when charged as a misdemeanor and up to three years in state prison when charged as a felony.
In California, false imprisonment may be charged in conjunction with several types of other criminal charges or be available as a negotiated plea bargain when stemming from circumstances like the following:
As with all experiences that lead to a negative interaction with law enforcement, it is important to never talk to the police. Be polite and indicate that on advice of counsel you will not speak to them without an attorney present.
If you have been charged with false imprisonment, you need an attorney who will explain the potential consequences, identify defense strategies, and aggressively protect your rights in court if necessary. To schedule a free consultation call (858) 223-6555 or (951) 335-9015, or contact us by e-mail.
Formerly referred to as terroristic threats, the crime of criminal threats may be charged as a misdemeanor or a felony offense. A criminal threat occurs when an individual threatens to kill or injure another person and that person has a reasonably sustained fear for his or her safety, or the safety of his or her immediate family. A defendant may potentially be convicted of making criminal threats even if he or she did not intend to carry out the threat, provided that the alleged victim had a reasonable basis to fear for his or her safety.
If you have been arrested for making a criminal threat, it is critical that you protect your rights by retaining an experienced criminal defense attorney. For a vigorous defense, contact the Law Offices of Marty V. Miller in Riverside and San Diego. We have defended hundreds of clients throughout California against criminal charges and have the ability to provide the strong defense you require; call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
California prosecutors have considerable discretion to charge criminal threats offenses as a misdemeanor or a felony. If you are convicted of a misdemeanor criminal threat, harassment or stalking offense, you could face up to one year in county jail. If you are convicted of a felony criminal threats offense, you could face up to four years in state prison. You could face significantly greater penalties if you used a firearm or other dangerous weapon while making criminal threats.
Criminal threat is a strike offense, which means that you could face significantly enhanced penalties if you are convicted of a future felony. Even a nonviolent felony could result in twice the prison sentence if you have a prior strike offense. A third strike could result in a prison sentence of 25 years to life.
There are many ways that our skilled defense attorneys can raise a strong defense on your behalf. First, we will examine the facts of the case to determine if the prosecution has enough evidence to obtain a conviction. In particular, we will look at any evidence of the alleged communication. Does the prosecution have copies of an email or voicemail? If the state has nothing more than a he-said-she said case, the prosecution will have a tougher time proving its case.
Even if the prosecution has evidence of the alleged communication, we will examine the nature of the communication. Was the threat a serious one? In other words, did the alleged victim actually fear for his or her safety and was he or she reasonable to have such fear? The prosecution does not have to prove that you intended to carry out the threat, or even that you had the current ability to carry out the threat. However, the prosecution must establish that the threat you made is the type that would have caused the defendant to have a reasonable fear.
If you choose to take your case to trial, we offer skilled trial lawyers who will aggressively defend your rights in the courtroom. If you do not want to fight your charges at trial, we can negotiate with the prosecution to seek a favorable plea agreement. Depending on the facts of your case, we may be able to help you keep this off of your record. If that is not possible, we can seek a plea to a lesser offense, including a non-strike offense, or we can seek an agreement on sentencing that will limit the penalties you face. Marty V. Miller is highly adept at finding creative solutions for his clients.
To schedule a free consultation with a criminal threats defense lawyer, call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
California law deals with gang activity in three primary ways. First, a person may be convicted of the crime of actively participating in a gang. Second, any criminal offense that is ordinarily a misdemeanor may be charged by a prosecutor as a felony if the crime was conducted for the benefit of a gang. Third, “gang-related crimes” (see below) subject a defendant to the possibility of enhanced prison sentences.
If you have been arrested for a gang-related crime, it is critical that you protect your rights by retaining an experienced criminal defense attorney. For a vigorous defense, contact the Law Offices of Marty V. Miller. There are many ways that we can make a positive difference in your case. Call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
Pursuant to California Penal Code 186.22, the crime of engaging in gang activity may be charged as a misdemeanor or a felony. The prosecution must prove the following:
It is important to note that you must have promoted, furthered or assisted a gang in a felony level crime to be convicted for the crime of engaging in gang activity under Penal Code 186.22.
A prosecutor may charge any offense that is ordinarily a misdemeanor as a felony if it was “committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct by gang members” [CA Penal Code 186.22(d)].
If you are convicted of a gang-related crime, you may face significant sentencing enhancements. Depending on the facts of your case, you could spend an additional four years in prison or you could serve an additional life sentence.
Marty V. Miller prepares each case for the possibility of trial and offers skilled trial representation if you wish to fight your charges at trial. If you do not want to fight your charges at trial, you can be confident in the knowledge that we are highly skilled negotiators.
Marty V. Miller understands how to effectively negotiate with other prosecutors to seek creative and effective plea bargains. Given the broad discretion of prosecutors and judges in gang cases, our ability to craft an effective plea agreement could make a significant difference in your case.
To schedule a free consultation call (951) 289-0962, at (858) 252-2743 or contact us by e-mail.
Events can spin out of control when citizens and the police interact. In some cases, what might have been a ticket — for public intoxication, disorderly conduct or another such charge — becomes a major offense because the officer decides you are interfering with performance of his or her duty. It is important to recognize that this charge can be filed and successfully prosecuted even if there was no physical assault or contact.
It is critical to take charges such as resisting arrest or assault on a police officer in the Riverside and San Diego area seriously. Not only is jail time a clear possibility if you are convicted of such charges, having either offense on your record could subject you to much greater scrutiny in any future traffic stop or encounter with the law.
At the Law Offices of Marty V. Miller in Riverside and San Diego, you can work closely with a skilled defense lawyer who will hear you out, investigate what happened and pursue every viable angle in pursuit of:
There are hundreds of possible police errors, and they can add up to reduce your charges. Depending on the facts of your case, Marty V. Miller can concentrate on seeking a dismissal based on any violation of your constitutional rights or a reduction based on other errors or mistakes by law enforcement. Marty V. Miller is also fully prepared to secure a victory by casting doubt on the evidence obtained against you. – California laws covering resisting arrest are very broad and subject to interpretation. We know that you may face this charge even if you did not actually run from police or touch an officer. A charge of battery on a police officer can be far more crippling for your future, and protection of your rights demands an attorney prepared to establish, for example, that the police acted improperly or illegally in the course of your arrest.
We go the distance for each client we serve, striving to find the absolute best approach to preventing a conviction, jail time or other life-changing consequences. For a free consultation to discuss your case and legal options, contact us now.
3890 11th Street, #450
Riverside, CA 92501
Tel: (951) 289-0962 Fax: (951) 413-0027
501 W Broadway, Ste 800
San Diego, CA 92101
Tel: (858) 252-2743 Fax: (619) 819-2038
473 E. Carnegie Dr., Ste 200
San Bernardino, CA, 92408
Tel: (909) 327-2474 Fax: (909) 424-3417