1. Law Offices of Beles & Beles
Focus Area: Criminal defense with two State Bar Certified Criminal Law Specialists
Practice Areas: Sex crimes, murder, assault, drug crimes, white-collar crimes, federal crimes, DUI, theft, criminal appeals
Background: Both Robert and Annie Beles are certified as Criminal Law Specialists by the State Bar of California Board of Legal Specialization. Over the course of more than 40 years, Robert Beles has built a solid reputation as a highly effective criminal defense attorney in the Oakland-San Francisco Bay Area. Annie Beles has over 10 years of experience. The firm was notably chosen by the NBA World Champion Toronto Raptors to defend their president against assault charges, getting the case dropped. The legal team is rounded out by a dedicated group of lawyers with a variety of talents including immigration attorneys and criminal appeals attorneys.
Location: The Ordway Building, 1 Kaiser Plaza, Suite 2300, Oakland, CA 94612 (additional offices in Hayward, Fremont, Pleasanton, Walnut Creek)
Contact: (510) 836-0100 | https://beleslaw.com/
Consultation: Available for consultation
2. Torres & Caraves Law
Focus Area: Criminal defense with 40+ years combined experience
Practice Areas: DUI, sex crimes, weapons offenses, domestic violence, assault, drug charges, felonies, misdemeanors
Background: Torres & Caraves Law has more than 40 years of combined experience and a reputation for doing everything within the power of the law for clients. The team includes a former public defender who has served indigent clients and is dedicated to the community. The firm serves clients in both English and Spanish, relying on honest explanations of defense options to help guide clients on the right path. Whether clients face a first-time DUI charge or a felony drug charge, the legal team handles all types of criminal matters including run-of-the-mill cases and complex criminal cases in Oakland.
Location: Oakland, California (serves Alameda County)
Contact: (510) 953-5551 | https://www.tcdefenselawyers.com/
Consultation: Free consultation available
3. O’Connor, Runckel & O’Malley LLP
Focus Area: Criminal defense with 90+ years combined trial experience
Practice Areas: DUI, drug crimes, assault, theft, violent crimes, white-collar crimes, sex crimes
Background: The attorneys at O’Connor, Runckel & O’Malley have more than 90 years of trial experience combined. They have successfully negotiated thousands of cases and have tried well over 250 jury trials. The cornerstone of the firm’s success in Oakland is the extensive criminal law experience of Tom O’Connor, Jason Runckel, and Dan O’Malley. The partners draw upon their vast experience prosecuting misdemeanor and felony cases during their combined 90 years as Deputy District Attorneys and a Superior Court Judge. While most attorneys fear the inside of the courtroom, the partners at O’Connor, Runckel & O’Malley feel most comfortable there.
Location: Oakland, California (serves Alameda County)
Contact: (925) 939-5600 | https://www.orolawfirm.com/
Consultation: Free consultation available
4. Morris Law
Focus Area: Award-winning criminal defense with focus on serious charges
Practice Areas: Murder, assault, drug crimes, theft, DUI, violent crimes, felonies
Background: Attorney Seth Morris has positioned himself as a thought-leader in the legal industry, being interviewed by publications including the Washington Post and speaking at local universities. Morris Law proudly serves clients throughout the Bay Area. Attorney Morris has extensive experience as a public defender, litigation associate, and private criminal defense attorney, giving him a broad understanding of California law and the U.S. Constitution. The firm has secured dismissals and no-time deals on murder cases and cases where clients faced life in prison. Attorney Morris is committed to keeping clients out of custody and bringing them home to their families.
Location: Oakland, California (serves Bay Area)
Contact: (510) 225-9955 | https://www.morrisdefense.com/
Consultation: Free consultation available
5. Shouse Law Group
Focus Area: Criminal defense with former police officers and prosecutors on staff
Practice Areas: DUI, drug crimes, domestic violence, theft, assault, sex crimes, white-collar crimes, record clearing, bail reduction
Background: The legal team at Shouse Law Group consists of former police officers and former prosecutors in the California criminal justice system, using insider knowledge to challenge law enforcement. The firm’s Oakland office creates attorney-client relationships throughout southern, central, and northern California. Trial lawyers graduated from top law schools and achieved a successful track record. The firm also specializes in expungement of criminal records, restoration of firearm rights, and provides DUI defense representation in both criminal court and at DMV hearings to save driver’s licenses.
Location: 1901 Harrison St., Suite 1100, Oakland, CA 94612
Contact: (510) 347-1500 | https://www.shouselaw.com/
Consultation: Free case evaluation with discount rates and payment plans
Criminal Defense Laws in California
Felony Classifications
California does not use a traditional felony classification system. Instead, each offense has its own specific penalty range:
Straight Felonies: Crimes that can only be charged as felonies, such as murder, rape, and kidnapping. Penalties vary widely based on the specific offense.
Wobblers: Offenses that can be charged as either felonies or misdemeanors at the prosecutor’s discretion, such as assault with a deadly weapon, grand theft, and domestic violence with injury. The decision depends on circumstances and criminal history.
Determinate Sentencing: Most California felonies have a “triad” sentencing structure with low, middle, and high terms (e.g., 2, 3, or 4 years). Judges select within this range based on aggravating and mitigating factors.
Indeterminate Sentencing: Serious violent felonies may carry indeterminate sentences such as 15 years to life or 25 years to life.
Misdemeanor Classifications
Standard Misdemeanor: Maximum penalty of 6 months in county jail and $1,000 fine. Examples include petty theft, simple assault, and trespassing.
Gross Misdemeanor: Maximum penalty of 364 days in county jail and higher fines. Examples include DUI (first offense), domestic battery, and violation of protective order.
Infractions: Not criminal offenses. Punishable only by fine, no jail time. Examples include most traffic violations and minor municipal code violations.
Record Clearing Options
California offers multiple paths to record clearing:
Expungement (PC 1203.4): Available for most misdemeanor and felony convictions after completing probation. The conviction is dismissed but still visible on background checks (employer must ignore it for most purposes).
Proposition 47 Relief: Certain drug and theft felonies can be reduced to misdemeanors and then expunged.
Proposition 64 Relief: Marijuana-related convictions can be reduced, dismissed, or sealed depending on the offense.
Certificate of Rehabilitation: Available for certain felons who have demonstrated rehabilitation. Can lead to a gubernatorial pardon.
Automatic Record Sealing (SB 731): Effective July 2023, California automatically seals arrest and conviction records for eligible offenses after completion of sentence and waiting period (typically 4 years for felonies).
DUI Laws
California DUI applies to driving with BAC of .08% or higher (.04% commercial, .01% under 21). First offense carries 96 hours to 6 months jail, $390-$1,000 fine plus assessments, 6-month license suspension, 3-month DUI school, and 3-5 years probation. California has an implied consent law; refusal results in 1-year license suspension (first offense). Fourth DUI within 10 years is a felony. DUI with injury can be charged as a felony even for first offense.
Frequently Asked Questions
What is the difference between the Wiley W. Manuel Courthouse and the René C. Davidson Courthouse?
Oakland criminal cases are heard at one of two Alameda County Superior Court locations. The Wiley W. Manuel Courthouse at 661 Washington Street handles many criminal arraignments and misdemeanor cases. The René C. Davidson Courthouse at 1225 Fallon Street handles felony trials and other proceedings. The East County Hall of Justice at 5151 Gleason Drive in Dublin handles cases from eastern Alameda County. Which courthouse handles your case depends on factors including where the alleged offense occurred and the type of charge. Having an Oakland criminal defense attorney familiar with the specific judges and prosecutors at each courthouse provides a significant advantage, as local practices and customs can vary.
What happens when I am arrested and booked at Santa Rita Jail?
People arrested by the Oakland Police Department are typically booked at Santa Rita Jail, located at 5325 Broder Boulevard in Dublin. The booking process includes fingerprinting, photographing, collecting personal information, and initial classification. After booking, you will typically be given the option to post bail and be released, or you may be held for arraignment. Some defendants may be released on their own recognizance (OR) without paying anything, depending on the charges and other factors. California law requires arraignment within 48 hours of arrest (excluding weekends and holidays) if you remain in custody. An Oakland criminal defense attorney can begin working immediately on bail reduction motions and other strategies to secure your release.
How does California’s Three Strikes Law affect sentencing in Alameda County?
California’s Three Strikes Law (Penal Code 667) enhances sentences for defendants with prior serious or violent felony convictions. With one prior strike, the sentence for any new felony is doubled. With two prior strikes, a third felony conviction that is a serious or violent felony results in 25 years to life in prison. Proposition 36 (2012) modified the law so that the third strike must be a serious or violent felony to trigger the 25-to-life sentence. Defendants serving life sentences under the old law for non-violent third strikes may petition for resentencing. Alameda County prosecutors may exercise discretion in whether to allege or dismiss strike priors. An Oakland criminal defense attorney can negotiate with prosecutors to dismiss strike allegations or find ways to avoid the enhancement.
Can I get my Alameda County conviction expunged?
California allows expungement of many convictions under Penal Code 1203.4. To qualify, you must have completed probation (or been discharged early) and not currently be charged with a crime, on probation, or serving a sentence. If you successfully petition, your plea of guilty or no contest is withdrawn, a not guilty plea is entered, and the case is dismissed. However, expungement does not completely erase the conviction; it remains visible to law enforcement and licensing boards and must still be disclosed in certain circumstances. Proposition 47 allows certain drug and theft felonies to be reduced to misdemeanors. California’s automatic sealing law (SB 731) now seals eligible records after waiting periods. An Oakland criminal defense attorney can evaluate your eligibility and file the appropriate petitions.
What are the penalties for drug possession in Alameda County?
Since Proposition 47 passed in 2014, simple possession of most controlled substances for personal use is a misdemeanor in California, punishable by up to 1 year in county jail. Previously, drug possession could be charged as a felony. Drug diversion programs are often available, allowing defendants to avoid conviction by completing treatment. Proposition 36 provides similar treatment-based alternatives for certain drug offenders. However, possession for sale remains a felony, and drug trafficking or manufacturing carries severe penalties. For marijuana, possession of up to 28.5 grams is an infraction for adults 21 and over (though sales without a license remain illegal). An Oakland drug crimes attorney can evaluate whether your case qualifies for diversion or reduction and develop a strategy to minimize consequences.