San Marcos is a constantly growing city of about 90,000 people. It has a strong economy and prides itself on being business-friendly. With a great location, strong schools, and a solid transportation system, it offers everyone from college students to families everything they need. The fantastic weather and local hiking trails don’t hurt either.
San Marcos is one of the safest cities in San Diego County, and the city and police work hard to maintain that badge of honor. However, it’s impossible to prevent all crime and offenses inevitably occur. Whether they arise from malicious intent or out-of-control disagreements, individuals are charged with offenses and must defend themselves in court.
Anyone charged with a crime should contact a San Marcos criminal defense attorney right away. It’s a defendant’s constitutional right to have an attorney and defend them in court.
Jessica McElfresh is a knowledgeable and skilled attorney who represents clients throughout San Diego County. Jessica is the kind of attorney who gets to know her clients and learns every detail of their case to ensure nothing is missed. She uses her experience to build her clients strong defenses to prove their innocence or minimize the consequences of a conviction.
Theft and Receiving Stolen Property Charges in California
Theft is defined as unlawfully taking someone else’s property. This could mean taking personal property without permission or taking inventory from a business without paying for it. The term theft covers a wide range of crimes in California, including shoplifting, petty theft, grand theft, grand theft auto, and theft by fraud.
Depending on the situation and the value of the items taken, theft can be a misdemeanor (petty theft) or a felony (grand theft). If the property was obtained due to false pretenses or embezzlement, the offender will be charged with either petty or grand theft by fraud. The punishment for a misdemeanor conviction can be a fine and up to 1 year in jail, while a felony can mean a larger fine up to 3 or 4 years in jail.
Receiving stolen property is also a crime that can be charged as a misdemeanor or felony. The offender can be charged with this offense if they accepted, purchased or at any time controlled property they knew to be stolen.
Residential and Commercial Burglary Charges in California
Burglary is, unfortunately, a common crime in many small cities. Residences and businesses can be burglarized by someone entering the premises and intending to commit a felony. The felony may be theft, but it doesn’t have to be under the law. Additionally, the individual doesn’t have to force their way into the building.
If someone has been charged with residential burglary, the prosecutor has the difficult task of proving that individual went into an inhabited dwelling and intended to commit theft or a different felony. The charge is a felony and defendant’s face up to 6 years in prison.
Commercial burglary, also known as second-degree burglary in California, occurs when someone enters a property, which can be any building or structure, and intends to commit a felony. Like residential burglary, commercial burglary is also difficult to prove. It can be charged as a misdemeanor or felony. As a felony, the individual can be sentenced up to 3 years in a county jail.
Facing First Time DUI Charges?
Driving under the influence of drugs or alcohol is an issue across the country, including in San Marcos. Many people have lapses in judgment when drinking and believe they’re OK to drive, when both their judgment and abilities are impaired.
A person’s first DUI offense is treated differently than subsequent charges. If you plead guilty or are found guilty, the punishment can include probation, jail time, and a fine. You may have to attend classes or deal with a suspended license. If you have a skilled and fast-acting attorney by your side, a first DUI offense may be punished by probation and a 6-month license suspension. A minor punishment compared to what’s possible.
However, if the DUI occurred under aggravated circumstances, such as refusing to take the breathalyzer test, being under 21 years old, having children in the car, or causing an accident, then even a first-time offender faces a harsher punishment. In this case, a criminal defense attorney is even more important. A lawyer will investigate the case and gather evidence to support your innocence, will advocate for your rights, and will negotiate with the prosecutor on your behalf to minimize the consequences of conviction.
Contact San Marcos Criminal Defense Attorney Jessica McElfresh
Jessica McElfresh is an aggressive attorney who will dive into your case immediately. She’ll learn every aspect of the situation and review the prosecutor’s evidence for weaknesses. She will build a defense based on evidence that supports your innocence and exposes the holes in the prosecutor’s case.