San Bernardino County has one of the highest volumes of criminal case filings in California. The charges we take on most often reflect that reality, and each type of case carries its own legal rules, penalties, and defense strategies. If you or someone close to you has been arrested or charged anywhere in San Bernardino, Fontana, Ontario, Rancho Cucamonga, Rialto, Colton, or the surrounding communities, working with a licensed criminal defense attorney in San Bernardino, CA can make a real difference, and this overview lays out what you are up against and what your options are.
Attorney Tammy Higgins has practiced criminal defense for 18 years, with 16 of those served as a public defender across San Bernardino, Los Angeles, and Orange counties. Our firm takes on the full range of criminal charges, from first-offense misdemeanors to the most serious felonies, and every case is handled personally from start to finish.
DUI Defense in San Bernardino County
DUI is among the most frequently charged offenses in San Bernardino County. A first-offense DUI in California under Vehicle Code 23152 carries penalties including up to six months in county jail, fines exceeding $1,800 when court assessments are included, a six-month license suspension, and mandatory enrollment in a DUI program. Repeat offenses or DUI cases involving injury or death carry significantly higher consequences.
Defense strategies in DUI cases focus on the legality of the initial traffic stop, the administration and reliability of field sobriety tests, the accuracy and calibration history of the chemical testing device, and whether proper procedures were followed from the stop through booking. Our DUI defense practice handles DUI cases across San Bernardino County and the surrounding region.
Domestic Violence Charges
Domestic violence arrests occur frequently throughout San Bernardino County, and prosecutors treat them seriously regardless of the alleged victim's wishes. California Penal Code 273.5 and 243(e)(1) govern the two most common domestic violence charges, covering physical injury and battery against an intimate partner respectively.
False accusations, self-defense, and insufficient evidence are among the most common defense angles we pursue in domestic violence cases. A charge does not mean a conviction. Our domestic violence defense practice has handled these cases across San Bernardino, Fontana, Colton, Rialto, and throughout the county. We have had domestic violence charges dismissed at multiple stages of the proceedings. Results vary by case. Past outcomes do not guarantee future results.
Drug Crimes
Drug charges in San Bernardino County range from simple possession of a controlled substance under Health and Safety Code 11350 to possession for sale under HS 11351 and transportation for sale under HS 11352. The specific charge determines the penalties and the prosecution's burden of proof.
Fourth Amendment challenges to the search that produced the evidence are among the most powerful tools available in drug defense. We also evaluate eligibility for drug diversion programs that can result in dismissal upon completing treatment. Our drug crimes practice reviews every drug case for suppression and diversion opportunities before any other strategy is discussed.
Gun Crimes
California has strict firearms laws, and violations are charged aggressively in San Bernardino County. Common gun charges include unlawful possession of a firearm by a prohibited person under Penal Code 29800, carrying a concealed weapon without a permit under PC 25400, and possession of an assault weapon under PC 30605.
Gun charges in California can be filed as felonies and can carry mandatory minimum sentences in specific circumstances. The facts of the search that produced the weapon, and whether the defendant's status as a prohibited person was properly established, are two of the most frequently contested issues in these cases. Our gun crimes practice covers the full range of firearm charges filed in San Bernardino County courts.
Assault and Battery
Assault and battery charges in San Bernardino often arise from confrontations that escalate quickly. California Penal Code 240 defines assault as an unlawful attempt to commit a violent injury on another person. PC 242 defines battery as the willful and unlawful use of force or violence against another.
Assault with a deadly weapon under PC 245 is a wobbler that can be charged as a felony carrying up to four years in state prison. Self-defense, defense of others, and the absence of intent to commit harm are among the applicable defenses. We have secured not guilty verdicts in assault cases. Results vary by case. Past outcomes do not guarantee future results.
Homicide and Serious Felony Defense
Homicide charges, including murder under PC 187 and manslaughter under PC 192, require defense representation with real trial experience in the most serious cases the criminal justice system handles. Attorney Tammy Higgins has tried more than 100 jury trials, including more than a dozen homicide cases, in San Bernardino Superior Court and across Southern California.
We have had murder charges dismissed at the preliminary hearing and obtained not guilty verdicts in murder trials. We also represent clients seeking post-conviction relief in homicide cases, including habeas corpus petitions and appeals. Results vary by case. Past outcomes do not guarantee future results. Our homicide defense practice handles the full range of serious felony charges in San Bernardino County and beyond.
Post-Conviction Cases: When the Case Is Already Closed
Criminal defense does not end at sentencing. Many of our clients come to us years after their original case, seeking expungement, resentencing under newer laws, or post-conviction relief under the California Racial Justice Act.If a prior conviction in San Bernardino County is affecting your employment, housing, or professional licensing, options may exist today that were not available when you were originally sentenced. Our post-conviction practice covers expungement, resentencing, and Racial Justice Act petitions. We have had murder convictions vacated and obtained resentencing for clients who had been serving life sentences. Results vary by case. Past outcomes do not guarantee future results.
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