San Diego is California’s second-largest city. With more than 70 miles of Pacific coastline on one side, and mountains and desert to explore on the other, it’s a haven for its residents and visitors.
People come to San Diego to explore nature, relax and be pampered, and experience museums and zoos they can’t find anywhere else. Each neighborhood within the city gives residents and tourists a unique experience. From Downtown San Diego to the Gaslamp Quarter, from Mission Bay to South Bay, there’s always something new to discover.
But any city with a population of more than 1 million people comes with its ups and downs. San Diego is often ranked as a very safe city for its size, but it isn’t free from all violence and other criminal activities.
If you were charged with a crime, contact a San Diego criminal defense attorney. Even if it’s a misdemeanor and doesn’t feel like a big deal, an experienced California lawyer can help you prove your innocence or attempt to reduce the penalty upon conviction.
A small, personal amount of marijuana has been decriminalized in California, but there are still many marijuana-related offenses a person can be charged with. If someone is found to be cultivating numerous plants, caught transporting a large quantity of the drug, has enough marijuana on their person to sell, they can be charged with a felony.
A felony marijuana charge leads to time in jail or prison, probation, large fines, and even more social consequences.
Many people convicted of a drug charge lose their professional license. It also affects a person’s visa or green card status.
California takes a serious stance against illegal drug manufacturing, possession, and sales. Some possession charges are misdemeanors, however, many drug-related offenses are felonies that come with years in prison and hefty fines.
If you’re charged with possessing cocaine, heroin, meth, or PCP, you’ll likely face a prosecutor who is interested in charging the highest offense possible and enforcing the harshest penalty. If you’re charged with the creation, transportation, or sale of any of these or other drugs, it can be difficult to minimize the consequences of a felony conviction.
With the help of an experienced San Diego criminal defense attorney, you may be able to go through a drug diversion program to receive treatment instead of years in prison.
Alcohol and drugs severely impair a person’s ability to drive and put lives in danger. This is why California takes driving under the influence offenses so seriously and punishes offenders harshly.
If it’s a person’s first DUI and no one was injured, the DMV suspends the driver’s license for 6 months. If there were other aggravating circumstances, the license may be suspended for longer. They’ll likely have to attend a DUI class as well. Offenders face jail time, but many are sentenced to probation for a first DUI.
If it’s a subsequent DUI, the penalties increase. In addition to a driver’s license suspension, DUI school, fines, and probation, a second or third DUI is more likely to come with a jail sentence. An individual can be sentenced to up to 1 year in the county jail.
Additionally, if the second or third DUI comes with aggravating circumstances, it may be charged as a felony.
Assault is when someone attempts or threatens violence and has the ability to follow through with the violent act. Battery is the actual use of force or violence against another person. Though these terms are often thrown out together, they’re actually two difference offenses under California law.
Depending on the situation and whether or not someone was seriously injured, assault and battery can both be a misdemeanor or felony offense. Assault is generally a misdemeanor punishable by up to 6 months in jail and up to a $1,000 fine. But assault with a deadly weapon can be tried as a felony punishable by up to 4 years in jail and a fine.
Simple battery is also a misdemeanor, but battery resulting in a serious injury can be prosecuted as a felony.
Violent acts, including assault and battery, against a familial or intimate partner, is referred to as domestic violence. A familial or intimate partner can be a spouse or live-in partner, an ex-spouse or ex-live-in partner, someone the offender is dating, or the other parent of the offender’s child. Depending on the circumstances and the defendant’s previous criminal history, these offenses can be charged as misdemeanors or felonies.
Theft, including shoplifting and grand theft auto, are common crimes in populated and popular tourist areas. Under California law, petty theft is when someone steals items worth less than $950 and is a misdemeanor. Grand theft is the stealing of more than $950 worth of property and can be charged as either a misdemeanor or a felony. Shoplifting is a crime charged as either petty or grand theft, though if the items stolen are worth less than $50, it’ll be an infraction, which won’t create a criminal record.
Jessica McElfresh is a skilled and experienced San Diego criminal defense attorney who wants to fight for your rights. She believes that everyone charged with a crime has the right to a strong defense. She’ll aggressively advocate for you in and out of the courtroom, and she’ll use every resource available to her under the law to prove your innocence or minimize the consequences of a criminal conviction.
Call McElfresh Law at (858) 756-7107 to learn more about how we can help.