Danville Criminal Defense Lawyer

What Is “The Best” Criminal Defense?

Criminal defense is a sophisticated legal specialty. It is a multifaceted discipline that involves the application of legal strategies to counter the prosecution's evidence systematically.   “The Best” criminal defense can be provided by more than one attorney and there is more than one “best” approach.   However, you can and should evaluate experience, board certification and national recognition in making your attorney selection.

Daniel Horowitz is a State of California, Board of Legal Specialization certified criminal defense specialist.  There are presently only 8 Criminal Defense Specialists in Contra Costa County (2/2/2024) and no criminal defense specialists in Danville.  Daniel been lead counsel in over 200 jury trials and has published appellate opinions in the state and federal courts. [If you click the link to the Board of Legal Specialization you will see the eight attorneys and we know each of them and genuinely believe anyone of these attorneys will provides “the best” representation.]

The best criminal defense strategy is an individualized approach. Each requires a fresh view.  A 1-800 lawyer approach is usually inadequate.  It is true that certain core principles apply to every case.  For example, the prosecutor has a duty of fairness in providing “exculpatory” information (under California law and federal due process guarantees.)  In other words, they have to turn over information that helps establish your client's defense.  But the best attorneys focus on the nuances.

A top defense attorney (vs. defense by the numbers) knows that under the constructive knowledge doctrine, information known by the “investigating agency” (usually the police) is deemed by law to be known by the prosecuting attorney. (See Douglas Pipes & William Gagen, Jr., Cal. Criminal Discovery (4th ed. 2008) § 1:71.2, p. 216.)  This expands the responsibilities (and scope of what must be disclosed) of the prosecutor.  But reading the books is not enough.

What about information held by a state agency that is not the police agency actually investigating the case?  Is their knowledge imputed to the prosecutor?  You won't find this answer in Pipes & Gagen or the CEB book Criminal Practice & Procedure (called the defense bible).   Your lawyer has to know the case law and sometimes create new case law to ensure that you get a fair trial.  

Daniel Horowitz has a long history of creative legal thinking which has created major new legal precedents to help people accused of crimes.

For this reason, we submit that an experienced criminal defense lawyer who is a state certified criminal defense specialist (like Daniel Horowitz) can provide his Danville clients with the highest level of technical excellence and analysis. 

Types of Criminal Charges

Criminal charges encompass a diverse landscape, typically classified into infractions, misdemeanors, and felonies. Each classification carries its legal implications, capable of profoundly impacting various aspects of an individual's life.

Examples of each level include the following:

• Infractions: These are minor offenses, often resulting in fines rather than incarceration. Examples include traffic violations, littering, or minor disturbances. While seemingly less severe, infractions still demand careful attention to legal details.
• Misdemeanors: More serious than infractions, misdemeanors can lead to fines and short-term incarceration. Examples encompass a range of offenses such as simple assault, petty theft, or possession of small amounts of controlled substances.
• Felonies: Representing the most severe category, felonies involve crimes with significant legal consequences. Examples include drug trafficking, theft of substantial value, serious violent offenses like homicide, and white-collar crimes.

Criminal Defense Strategies

In criminal cases, strategic approaches are pivotal in safeguarding the rights and interests of the accused. 

Several common defense strategies are employed to counter charges:

• Demonstrating a lack of intent: Establishing that the accused did not intend to commit the alleged crime can significantly weaken the prosecution's case.
• Challenging evidence: Challenges to the collection process, such as improper handling or violations of legal procedures, can cast doubt on the prosecution's case.
• Questioning witness credibility: Undermining the reliability of witness testimony can involve exposing inconsistencies in their statements, potential biases, or ulterior motives.
• Highlighting violations of constitutional protections: Any violations, such as illegal searches or seizures, can lead to the exclusion of crucial evidence, weakening the prosecution's case.

Crafting an effective defense strategy requires a meticulous approach. Skilled criminal defense lawyers will thoroughly examine the facts, analyze evidence, and research legal precedent.

Typical Danville Crimes

Many cases in Danville involve juvenile conduct and the contested issues tend to focus on the degree or moral culpability and the appropriate remedy.  A juvenile conviction can  impact a young person's entire feature and sense of self.  For this reason a great deal of juvenile defense in areas like Danville is not who done it but instead, how can we fix this?

For example, in February 2020, the Contra Costa County District Attorney filed a section 602 petition alleging that a Danville youth had committed felony possession of cocaine for sale,  felony possession of LSD and MDMA for sale, each in violation of Health and Safety Code section 11378; misdemeanor possession of a synthetic stimulant for sale in violation of Health and Safety Code section 11375.5, subdivision (a); and misdemeanor possession of a weapon—a folding knife—on school grounds.  The issue was not guilt (he pled to the gun charge) but what sentence or disposition was proper.

A more serious case took place in Danville in 2017.  In that case a seventeen-year-old was arrested for a robbery at knifepoint where the victim, received a critically serious stab wound to the abdomen.  An older boy was involved and again the proper disposition was the issue.

Many adult Danville crimes involve business related white collar charges as well as our fair share of domestic violence cases (esp. during divorces) and of course …. Drunk Driving.

Hire a Defense Attorney Early

Hiring a criminal defense attorney early in the proceedings can have significant advantages. By initiating legal representation promptly, individuals can start building their defense strategy without delay. This early intervention allows attorneys to safeguard their clients' rights at every stage of the legal process, preventing actions or statements that could potentially harm the case. Moreover, early engagement with legal counsel fosters a proactive approach, empowering individuals to navigate the complexities of their situation with confidence.

At the Law Office of Daniel Horowitz, we understand the importance of personalized legal representation. Our approach begins with listening to our clients and meticulously reviewing the facts of their cases. We craft tailored defense strategies addressing their unique circumstances and challenges. Our team is known for our aggressive advocacy, fearlessly confronting tough charges and opponents in pursuit of optimal results. Alongside our zealous representation, we provide compassionate counsel, offering unwavering support to our clients every step of the way.

Please schedule a consultation with our Danville criminal defense lawyer. Contact us today at (925) 291-5388.