(949) 365-7085

Practice Areas

28202 Cabot Road

Suite 300

Laguna Niguel, CA

92677

Phone: (949) 365-7085

Fax: (949) 365-5735

hdeckeriii@aol.com

Contact Us Law Office of Harvey L. Decker III

Mission Viejo Criminal Defense Attorney Harvey L. Decker III is one of the most trusted and respected criminal defense lawyers in South Orange County.


If you are either under investigation for the commission of a crime or have already been arrested and are facing prosecution by the DA’s Office, you want the best of the best fighting for you! Mission Viejo Criminal Defense Lawyer Harvey L. Decker III has been devoted exclusively to criminal defense practice for over 30 years.


Contact the Law Office of Harvery Decker at (949) 365-7085 to schedule a free consultation. Conveniently located near Mission Viejo, Mr. Decker provides knowledgeable legal counsel and zealous criminal defense representation.

Mission Viejo Criminal Defense Areas of Representation

Mission Viejo Criminal Defense Attorney Harvey L. Decker III has successfully defended clients in numerous high profile prosecutions, and has helped hundreds of clients obtain favorable outcomes throughout the course of his 27 years as a criminal defense lawyer.


Lawyer Harvey Decker represents criminal law defendants facing a broad range of misdemeanor and serious felony charges that include but aren’t limited to those listed below.


Misdemeanor & Felony Assault & Battery


Simple Assault (Misdemeanor)

Simple Battery (Misdemeanor)

Aggravated Battery (Felony)

Assault with a Deadly Weapon (Felony)

Assault with Great Bodily Harm (Felony)

Assault & Battery against a Law Enforcement Officer or Emergency Personnel (Misdemeanor Felony)

Mayhem or Aggravated Mayhem (Felony)

Torture (Felony)


Conviction of a misdemeanor assault & battery charge is punishable by jail time, fines, restitution or probation depending on the circumstances surrounding the alleged crime and prior criminal history or lack thereof. Conviction of felony assault & battery charges generally results in fines, restitution and time in state prison, up to a life sentence depending on the crime for which a defendant is convicted. Violent felonies such as mayhem, torture, and assault with a deadly weapon or great bodily harm are typically charged as Three Strikes cases.


Potential defenses against assault & battery include lack of intent, self-defense, and defense of other persons.


Domestic Violence – Domestic Battery charges may be brought when a battery is committed against any of the following:


Spouse

Girlfriend or Boyfriend with whom the accused is cohabitating

Parent of the defendant’s children

Family Members

Former Spouse

Former Partner or Fiance(e)


Depending on the type of harm suffered by the victim, Domestic Violence may be charged as either a misdemeanor or felony offense. Penalties can range anywhere from up to one year in county jail to five years in state prison, fines, formal or informal probation, the issuance of a restraining order, community service, and mandatory counseling. The DA’s office may charge the defendant under California’s Three Strikes Law if the type of harm inflicted rises to the level of a violent felony.


Drug Crimes


Distribution of Illicit Drugs

Distribution of Prescription Drugs

Drug Trafficking

Cultivation

Manufacturing

Possession of Drug Paraphernalia

Possession of Illicit Drugs

Possession of Prescription Drugs without a Prescription

Possession with intent to Distribute (Illicit Drugs or Prescription Drugs)


May be charged as a misdemeanor or felony depending on the crime for which the defendant is being charged, as well as the quantities and type of drug involved. Under Alternative Sentencing plans, those convicted of certain drug crimes may be eligible for outpatient or inpatient treatment, drug education classes, and probation.


If Alternative Sentencing is not available, penalties may range from jail time to long prison sentences, fines, and probation.


DUI & Driving Offenses – DUI and driving offenses include a broad range of offenses, including:


Driving on a revoked license

Driving on a suspended license

Driving under the Influence

Driving while Intoxicated

Driving without a license

Excessive Speeding

Hit & Run

Reckless Driving

Vehicular Manslaughter


As evidenced above, driving offenses are extremely varied, both in severity and penalties. Misdemeanor driving offenses may result in the issuance of fines, probation, participation in First Offender DUI / DUI / Substance Abuse programs, loss of driving privileges, installation of Interlock Driving Devices, and jail time.


Serious driving offenses may include fines, the loss of driving privileges, a prison sentence, and any other terms that the Court deems reasonable based on the circumstances.


Expungement of Criminal Record – Qualifying individuals may petition to court for expungement of their criminal record. Qualification requirements are as follows (and all must be met at time of filing):


Applicant is not presently being prosecuted for subsequent crimes

Applicant is not presently on probation

Applicant has never been sentenced to state prison

Applicant has successfully completed all of the terms of probation

All fines / restitution are paid in full

At least one year has passed since sentencing & applicant was not placed on probation


Criminal convictions can impede individuals attempting to secure employment or successfully complete background checks, as well as jeopardize those presently employed. An expungement serves as retroactive dismissal of all charges for which the applicant was charged. If convicted of a felony crime, Attorney Harvey Decker will file to have the felony reduced to a misdemeanor prior to seeking expungement. Those convicted of the commission of a sex crime should call us at (949) 365-7085 for additional information.


Parole & Probation Violations – Vigorous representation of those who are facing either parole or probation violations. If violated, the parolee or probationer is facing potentially severe consequences, including:


Probation Revocation

Harsher Sentence

Revocation of a Stayed Sentence

Return to Custody

Additional Prison Time


A violation may occur as the result of a simple mistake or misunderstanding. If you are in violation of the terms of probation or parole, contact the Law Office of Harvey L. Decker III immediately at (949) 365-7085.


Sex Crimes – The very allegation that a sex crime has been committed can be enough to destroy an individual’s life, let alone a conviction. Knowing how high the stakes are, Attorney Harvey Decker provides the strongest defense possible for those being prosecuted for the commission of any sex crime, including:


Child Molestation

Failure to Register as a Sex Offender

Incest

Indecent Exposure

Internet Sex Crimes

Lewd & Lascivious Conduct

Pimping

Possession of Child Pornography

Prostitution

Rape

Sexual Battery

Sexual Crimes against Minors

Solicitation  

Statutory Rape


A variety of defenses may be raised in sex crimes cases, including consent (rape), false allegations, and the exercise of undue influence. Most sex crimes are charged as felonies, and those convicted face penalties ranging from fines and jail time to lengthy prison sentences. Additionally violent sex crimes will be charged under California’s Three Strikes Law.  


Theft Crimes – Misdemeanor & Felony Theft Crimes


Armed Robbery

Burglary

Carjacking

Check Fraud

Counterfeiting

Credit Card Fraud

Embezzlement

Forgery

Grand Theft

Grand Theft Auto

Identity Theft

Larceny

Petty Theft

Ponzi Schemes

Shoplifting

Theft by Fraud


Violent theft crimes are eligible for Three Strikes classification. Based on the circumstances, theft crimes are chargeable as either misdemeanors or felonies. As with previously listed crimes, if convicted the defendant may be required to pay fines, make restitution, be placed on probation, or ordered to serve time in jail or prison. If a gun was used during the commission of the crime, a firearms enhancement can lengthen the defendant’s prison sentence.


Three Strikes Cases - California’s Three Strikes Law was passed into legislation in an attempt to lengthen the prison terms for those convicted of the commission of serious, violent felonies. Under this law, a second strike conviction with double the prison sentence, and a third conviction of a qualifying Three Strikes offense will automatically result in a sentence of 25 years to life. Mission Viejo Criminal Defense Attorney Harvey Decker has represented numerous clients charged with qualifying Three Strikes offenses. Qualifying Three Strikes crimes include but are not limited to the following:


Armed Robbery

Arson

Attempted Murder

Drug Trafficking

Grand Theft

Homicide

Kidnapping

Murder

Rape

Residential Burglary

Sex Crimes against Children

Violent Drug Crimes

Violent Gang Crimes

Violent Sex Crimes

Voluntary Manslaughter

Weapons Charges / Enhancements


If you have been charged with a crime and the DA is charging the crime under the Three Strikes Law, it is crucial to retain an experienced Criminal Defense Lawyer who has extensive experience in these matters.


Violent Crimes – Violent crimes are almost exclusively charged as felonies, and are generally punishable by lengthy prison terms that may be extended if a firearms enhancement has been included. These crimes are almost always tried as Three Strikes cases. The Law Offices of Harvey Decker represents clients charged with a broad range of violent crimes, including:


Aggravated Domestic Violence

Armed Robbery

Arson

Assault with a Deadly Weapon

Assault with Intent to Commit Great Bodily Harm

Carjacking

Felonious Assault

Felonious Battery

Hate Crimes

Kidnapping

Manslaughter

Murder

Rape

Violent Gang Crimes

Violent Sex Crimes


White Collar Crimes – White collar crimes are typically carried out via fraud and deception, rather than by the use of force. More often than not the perpetrators are salaried professionals. Examples of White Collar Crimes are as follows:

Bribery

Counterfeiting

Embezzlement

Extortion

Forgery

Fraud

Identity Theft

Insurance & Medicare Fraud

Money Laundering

Ponzi Schemes

Tax Evasion & Tax Fraud


Penalties upon conviction range from the payment of fines and restitution, to probation, jail time, and lengthy prison sentences.


If you are under investigation or have been placed under arrest, do NOT talk to the police or any investigative agency. Contact an experienced Criminal Defense Lawyer who can protect your interests, prevent you from making any incriminating remarks, and will speak on your behalf.  

Contact an Experienced Mission Viejo Criminal Defense Attorney

Whether you are the subject of a police or administrative agency investigation or have been placed under arrest, have been charged with a misdemeanor or a felony, Mission Viejo Criminal Defense Attorney Harvey L. Decker III will fight zealously on your behalf.


Contact the Law Office of Mission Viejo Criminal Defense Lawyer Harvey Decker at (949) 365-7085 to make an appointment for a confidential, complimentary consultation. When your freedom is at stake, it is imperative that you retain an experienced Criminal Defense Law Firm. Mr. Decker is one of the region’s most seasoned Defense Lawyers. Our office is conveniently located near Mission Viejo. Call today to learn how Harvey L. Decker III can help you retain your freedom!




Experienced Criminal Defense Attorney Trusted for over 30 Years

Mission Viejo Criminal Defense Lawyer