Criminal Defense

Watch Out for Public Intoxication Charges This Halloween

By San Diego Attorney on October 28, 2018

Halloween is right around the corner. For children, that means trick-or-treating and lots of candy, but it often means something else for adults. This is the time of year for parties, and alcohol is a big part of those parties.

While having a few cocktails with friends in costume is a great way to celebrate the holiday, there are some things you should watch out for in San Diego. One of those is public intoxication. California has statutes pertaining to being drunk in public, and those convicted of this crime may face serious consequences.

Legal vs. Illegal Search and Seizures in California

By San Diego Attorney on October 20, 2018

In California, law enforcement can search a person, vehicle, home, or other personal property if it is believed the person committed a crime. However, the Fourth Amendment of the U.S. Constitution protects all American citizens from unlawful search and seizure.

So, when can law enforcement conduct a search? When is a search and seizure considered illegal? And what happens to the contents found when a search has been conducted illegally?

The Basics of Arson Charges in California

By San Diego Attorney on September 19, 2018

Deliberately setting fire to anything in California is a serious offense. Our hot and dry climate has lots of things ready to burn, and firefighters always seem to be battling wildfire season. As such, when a person sets a fire that gets out of control, whether in a structure, on land, or to property, he will face severe penalties.

When a Fight Becomes Assault and Battery

By San Diego Attorney on September 7, 2018

Just about everyone has been in a heated situation. Tension can turn into arguments, yelling, or even become physical. So when does a simple fight turn into assault? And when does it become battery?

A Little About Prescription Drug Dealing

By San Diego Attorney on August 24, 2018

The United States continues to suffer from an opioid epidemic. In a related twist, selling or dealing prescription drugs is considered a very serious offense in most states. So what is the difference between possessing prescription drugs and dealing prescription drugs? What are the penalties for each under the California Penal Code, and how has Proposition 47 affected those penalties?

Burglary vs. Robbery vs. Theft in California

By San Diego Attorney on August 10, 2018

Burglary, robbery, and theft are terms that are often used interchangeably. However, California Penal Code separates burglary, robbery, and theft into individual crimes. Each has its own provisions and its own possible penalties. So what are the differences between these crimes?

A Guide to Sentence Enhancements in California

By San Diego Attorney on July 21, 2018

When someone has been convicted of a crime, the judge will look at the number of punishments allowed under the law and assign one of them depending on the nature of the crime and the past criminal record of the defendant.

The Difference Between Federal and State Drug Crimes

By San Diego Attorney on July 6, 2018

When a person is arrested for committing a crime, he may be charged with either a state crime or a federal crime. Who has jurisdiction over what crime has been called into question in recent years. More and more states are making certain drugs, such as recreational marijuana, legal, but it remains a federal crime.

A Guide to Drug Penalties in California

By San Diego Attorney on June 22, 2018

It seems that drug laws in California are changing all the time these days.

With recent laws, such as Proposition 47 passed in November 2014, the penalties for many drug crimes have been reduced or altered. Of course, any drug crime will have different penalties for different individuals depending on how many prior offenses they have, and the circumstances of the crime.

The Deal with Prison Alternatives

By San Diego Attorney on June 12, 2018

When people are convicted of crimes, they may think that serving jail time is their only option. But in many cases, Southern California judges opt for alternative sentences. An alternative sentence is one that does not include jail time but some other form of punishment to deter the individual from committing another crime in the future.