San Diego Crimes Against The Police And Government Lawyer
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There is no order in society without the employment of those who make the law, the individuals who execute it, and those who seek to enforce it. Public officials, the police, and the judiciary are the three pillars of society, and there are laws that prohibit behavior that would seek to undermine them. If you are facing charges, an experienced defense attorney in San Diego will be able to protect your rights.
We are all equal member of society, but there are laws that categorize some individuals against whom certain crimes are punished more than when perpetrated against the average person. This is because crimes against the police and the government are seen as an attempt to disturb the general order and flow of a country, state, or city.
California criminal laws recognize several offenses as crimes against the police or government and if you are found guilty, they can result in serious consequences. For years, McElfresh Law has provided criminal legal representation to individuals charged with such crimes. If you were arrested and are now facing any charges for crimes against the police and the government, it will be important that you seek the services of McElfresh Law, your defense attorney in San Diego.
What Charges Could I Be Facing?
Every crime carries a particular legal definition with specific elements which must be present to sustain the charge. Some offenses, like assault or bribery, will mean one thing in everyday dialogue, but carry a far more detailed interpretation as a crime.
Ignorance of the law is no excuse and it is also not a valid legal defense. Accordingly, it is important to have a general idea of any potential crime you may be charged with or an understanding for one that you may be facing.
- Resisting Arrest – Any behavior that involves the resisting, delaying, or obstructing a police officer while he or she is performing official duties will be considered as resisting arrest. The crime is not only limited to an individual who resists arrest after being informed of a charge, but can also include obstructing an EMT.
- Assaulting a Public Official – Assault is defined in law as an attempt to use force or violence. However, the law seeks to make it a special offense to perpetrate that assault in retaliation or to prevent a public officer from carrying out his or her duties.
- Impersonating a Peace Officer – A peace officer in law represents a wide variety of law enforcement officers. The act of pretending to be one for the purpose of using the office’s authority will result in charges for impersonating a peace officer.
- Perjury – Perjury is the crime of telling a lie. But a more accurate definition is the willful act of making or giving a false statement while under oath.
- Giving False Evidence – Evidence is a huge element of any court system and so it is illegal to prepare or offer false evidence. If you are found to have a willful intent and knowledge that the evidence is false, you could be facing serious charges.
- Destroying or Concealing Evidence – Without evidence, there is no winning a criminal or civil matter in court. Whether your intentions were well placed, it is against the law to get rid of or hide evidence that is to be used in court or a government investigation. If you are caught, you will be facing destroying or concealing evidence charges.
- Making A False Report – The law enforcement system is designed to protect real victims from real perpetrators. Accordingly, if you provide a false report to the police or any other authorized personnel, about a misdemeanor or a felony, knowing the report to be false, you will be the one behind bars.
- Bribery – We all have a way of getting what we want in life. However, if this includes making an offer to a public official or accepting a request of value with corrupt intention to influence the office of the public official, you will be charged with bribery. Additionally, a public official that is an active participant will also face similar charges of bribery.
- Witness Tampering – A witness plays an integral role in the judicial system as they are the source of most of the evidence in court. If your actions are interpreted as preventing a witness or a victim of a crime from making a report or testifying in court, you will be charged with witness tampering.
Each of these offenses carries separate classification. Impersonating a peace officer, destroying or concealing evidence, resisting arrest, and making a false report are all misdemeanors. Assaulting a police official and witness tampering are classified as wobblers and can either be pursued by the prosecution as a misdemeanor or as a felony. On the other hand, perjury and bribery are felony crimes.
What Are the Penalties For These Crimes?
The penalties associated with a crime is normally an indicator of how serious the offense is considered under the California Penal Code. For the crimes listed on this page, the penalties vary and are largely dependent on whether the particular offense if a misdemeanor or felony. Nevertheless, if you are found guilty of any crime against the police or the government, you could face a combination of time behind bars and a fine.
The following are the maximum jail time and fine for each of these offenses against the government:
- Resisting arrest – One-year jail time and $1,000 fine.
- Assaulting a public official – As a misdemeanor, the offense carries a maximum of one-year jail time and up to four years as a felony.
- Impersonating a peace officer – 180 days behind bars.
- Perjury – Up to four years in prison and/or $10,000 fine.
- False evidence – Up to three years behind bars.
- Destroying or concealing evidence – 6 months and a fine of $1,000.
- False report – 6 months behind bars.
- Bribery – 4 years and up to $10,000 in fine.
- Witness tampering – As a misdemeanor up to one year of jail time and as a felony a maximum of four years in prison.
In addition to jail time and fines, a judge at sentencing may impose other types of penalties. In lieu of time behind bars, you may face probation or community service.
The penalties that you could face if found guilty of any of these crimes will depend on certain factors present at your sentencing hearing. Of paramount interest to the court in coming to a conclusion are the particulars of your case and your criminal history. Having a defense attorney in San Diego will help your chances as your lawyer will be able to make arguments on your behalf to get the least amount of jail time.
Why Should I Retain A Defense Attorney In San Diego?
Having to face a criminal charge can be a terrifying time for many. However, the law considers you innocent until proven guilty and the prosecution must produce evidence that is required to prove beyond a reasonable doubt that you committed the crime as alleged. With that said, the first step to securing a winnable case is to hire a defense attorney in San Diego.
Why do you need a defense attorney in San Diego? The law and the criminal judicial system can be filled with technicalities and seem confusing to the average person. Having a trained legal mind can help you navigate and understand the process. Additionally, your San Diego defense lawyer will be able to do the following:
- Negotiate a charge reduction – Where there isn’t sufficient evidence to substitute your current charge but there may be enough for another offense, you lawyer can negotiate with the prosecutor to get your charged reduced. Lower charges will result in lower penalties if you choose to plead guilty.
- Get the charges dismissed – Police investigations are sometimes riddled with errors and misunderstanding. The prosecutor may not be able to proceed with the case because of lack of evidence or the absence of an essential element of the crime. In such instances, your lawyer can file the required pre-trial motions to have your charges dropped.
- Prepare a sound defense – If your matter has to go to trial, having a strong defense can make a significant difference to your case. There are a number legal defenses available to you depending on the crime with which you were charged. False accusation, self-defense, mistaken identity, or even mistake of fact are all defenses that can be used to secure your innocence.
There are many moving parts that make up a criminal case, but your best chance of beating your crime against police and government charge is to hire a defense attorney in San Diego.
Contact a Defense Attorney in San Diego Today
At McElfresh Law, we are proud to say that we possess years of experience in the field of criminal defense litigation. Our lawyers possess the in-depth knowledge that is necessary to go up against the criminal justice system. Our experience includes defending a number of individuals charged with the referenced crimes and other offenses in California.
If you have been charged and arrested for any of these offenses, you can rely on the high-quality legal representation that we offer at McElfresh Law. Do not leave your defense up to chance. Call us today at (858) 756-7107. We are the criminal defense attorneys in San Diego that you need by your side in court.