San Diego Criminal Lawyer

Domestic violence is taken seriously in California. In most cases, if you are accused of domestic violence, the police must arrest you. Under Penal Code section 273.5, you can be convicted of corporal injury against a spouse or cohabitant if the prosecutor proves beyond a reasonable doubt that you willfully inflicted a physical injury that caused a traumatic condition on a current or former intimate partner. This type of charge can be filed as either a misdemeanor or felony.

Drug crimes can involve crack, cocaine, heroin, marijuana, meth, Ecstasy, Vicodin, OxyContin, or other controlled substances. You can be charged with a drug crime for possessing, possessing for sale, distributing, growing or manufacturing, transporting, importing, or trafficking. A prosecutor must prove their case beyond a reasonable doubt, which is a tough burden. There may be Fourth or Fifth Amendment issues in your case that a San Diego criminal defense attorney can use to get evidence suppressed, such that a prosecutor cannot meet their burden. For example, the police must have had probable cause to search your home. If drugs were found in your home during an illegal search, it may be possible to get the drugs suppressed.

Theft crimes include grand theft, petty theft, residential burglary, commercial burglary, identity theft, petty theft without priors, fraud, and embezzlement. To prove theft, a prosecutor needs to establish the defendant's specific intent to take or withhold the owner's right to the property. Thefts may be charged as either misdemeanors or felonies. Generally, there is grand theft if the property was worth more than $950, or it was a gun or an automobile. Grand theft is a wobbler. That means that the prosecutor makes a determination about whether to charge a misdemeanor or felony based on factors such as past convictions, the value of the property, and the severity of the crime being alleged. Grand theft can be punished with one year in county jail, but if it is charged as a felony, you can face six months to three years in prison.

There are many different kinds of sex crimes, including rape, date rape, statutory rape, sexual battery, child molestation, prostitution, lewd acts in public, indecent exposure, and pornography. People convicted of certain sex crimes must register as a sex offender for the rest of their lives. They will need to notify local law enforcement agencies that they are registered sex offenders, and the public will have information about their sex offender status.

Felonies are the most serious crimes. They include violent crimes like murder, as well as sex crimes such as sexual activity with a child or rape. Felony convictions are often punished with long prison sentences and very harsh fines. In some cases, the stigma is such that it is difficult to find work or housing or secure a professional license after a conviction. If you are not a United States citizen, it is possible that you will be deported if you are convicted of a felony. For these reasons, it is critical to contact a San Diego criminal defense lawyer without delay if you are being investigated for a felony.

Misdemeanors are less serious than felonies, but they still remain on your permanent record if you are convicted. A conviction can affect your ability to find a job or housing or obtain a loan. If you are convicted of a misdemeanor, it can affect the potential penalties for future charges, such as when there are repeat DUIs.

There are multiple different types of expungements. This is the process used to change your criminal record. Among other things, an expungement can make it easier to get a job because you do not need to tell your employer about your criminal conviction. To obtain an expungement, a motion will need to be filed at the same court at which you were sentenced.

There are three different kinds of warrants that can be issued by the court: search warrants, bench warrants, and arrest warrants. A search warrant authorizes an officer to search your home, car, or another specified area that the officer believes contains evidence of illegal activities. A bench warrant is issued for such situations as failure to pay a fine, failure to appear in court when you were ordered to do so, or failure to show up for a conviction or sentencing. An arrest warrant is another type of warrant that the police must obtain to arrest you. In order to obtain a warrant after an investigation of a crime, an officer must show the court that there is probable cause to believe that you committed the crime. Probable cause exists if the officer has a reasonable belief that criminal activity has taken place that you perpetrated. The judge signs an arrest warrant if they believe that the officer has made the requisite showing.