Burglary
Burglary criminal defense attorneys are criminal attorneys who represent individuals accused of one or more burglary counts:
- Residential burglary (the breaking and entering into a residence)
- Commercial burglary
- Burglary involving the use of a lethal weapon
- Home invasion burglary
- Entering a car, vessel or cargo container with the intention of stealing
Protecting Your Rights
It is the part of a burglary defense lawyer to protect the constitutionally guaranteed appropriate rights of somebody who has been arrested for or charged with or convicted of burglary. Each state has different regulations regarding burglary offenses, but the charges in all states for burglary crimes are all harsh. The prospective discipline for being convicted of a burglary includes:
- Jail and prison time
- Fines
- Forfeiture of property
- Restitution of residential property to the victim
- A criminal record that can affect the rest of your life
- Burglaries Matter toward "Three Strikes"
In addition, burglary charges count toward the 'three strikes' systems in states that use them. For instance, a first-degree burglary conviction in CA is a felony and thus a major offense, which means that the convicted individual will have to serve at least 85 percent of his prison or prison sentence, and if he is convicted later of another felony, it is immediately doubled, and at minimum 80 percent of it must be served. A 3rd hit (felony) may result in an incredibly long (also "life") sentence.
In many states, a burglary committed in someone's house (i.e., a residential burglary) is a first-degree burglary and a felony, because of the risk to the lives of men and women who reside there. All other kinds of burglaries (businesses, vehicles, etc.) are second-degree burglaries and may be charged as either a felony or a misdemeanor. A burglary defense lawyer will work to get a client's charges reduced or also dismissed.
Intent and Burglary
In some states, the prosecutor must show that the accused had the intention to commit a criminal offense when he or she entered the building. In other jurisdictions, it doesn't matter whether there was intent or perhaps not. Your criminal protection lawyer will explain the elements of your burglary fee to you.
Theft
The theft attorneys at Brian Watkins and Associates have managed many theft cases involving both petty and grand theft. We understand how to efficiently navigate the criminal justice system to get the best outcome for our clients.
In California, grand theft and petty theft are treated in a different way by both the prosecutors and the defense attorneys. You'll need a lawyer that understands the difference, and whom will work with you to find the best feasible result for your situation. If you've got a series of shop lifting charges, you'll need a great petty theft lawyer. San Diego prosecutors are working to build cases with longer sentences. You need a lawyer that understands the courts and the laws to assist you recover from the charges and get back to your lifetime. Brian Watkins and Associates has attorneys that specialize in both grand theft and petty theft.
san diego criminal defense attorney
We battle for cases in San Diego, CA
Battery
Assault and Battery cases are many times prosecuted by the local District Attorney in criminal court. Victims of these crimes additionally have a case in civil court for monetary damages, through a personal injury lawyer. While the State will punish a perpetrator for his crimes, through the civil justice system victims can sue their attackers for money damages.
Battery is whenever there is actual contact. CA Penal Code Section 240 defines battery as “any willful and unlawful use of force or physical violence upon the person of another”.
The California Attorney General reported that in 2006 there had been almost 324,000 assault crimes in the State.
san diego criminal defense attorney
Statute of Limitations
The statute of limitations in CA for individual damage claims is two years from the time of the accident. (Cal. Code of Civ. Proc. Part 335.1). This means if the claim is not settled, and a lawsuit is not filed inside the two- year duration, the claimant will be forever barred from seeking cash damages for individual injuries.
Note that in cases against a public entity (e.g. town, state, college region, authorities divisions, etc) have specific claims-filing demands. Under many circumstances a claim must be filed using the governmental entity within six months of the time of harm. Accordingly, for almost any cases where such an entity may be a defendant, it's important to consult with a lawyer before the six-month duration ends.
Assault
Based on where you live, and on the certain circumstances of your situation, an assault charge can be a misdemeanor or a felony. Numerous people do perhaps not understand it, but a charge of easy assault can be turned into assault with a dangerous weapon or felonious attack based on simply a few small things. The distinction between being charged with a misdemeanor or a felony often hinges on the abilities of the criminal law lawyer who you have hired. If you've got been charged with attack, the first thing you'll want to do is monitor straight down a criminal defense attorney whom is focused on defending assault fees.
san diego criminal defense attorney
Attack Charges
Assault charges can stem from a variety of various circumstances, including:
- A road rage incident
- A battle in a bar
- A dispute with a neighbor
- Domestic violence
- A simple misunderstanding that develops into a physical altercation
No matter of the circumstances that prompted attack charges against you, it is always in your best personal interest to retain a criminal defense lawyer who has a track record with defending those accused of assault. Your freedom could be at stake - talk with a lawyer immediately when you are charged with attack.
Weapons Charges
SALE, POSSESSION AND USE OF ASSAULT WEAPONS
The absolute most typical weapons charges fall under the category of the purchase or control of an unlawful gun or .50 BMG rifle. The sale and control of these weapons is made unlawful under Penal Code parts 30600-30675.
SENTENCING
Someone charged with the unlawful purchase or transfer of an assault weapon or a .50 BMG rifle faces a felony charge punishable by imprisonment for four, six, or eight years. A person charged with simple control of a weapon may be charged with a misdemeanor or a felony depending on the circumstances. A misdemeanor attack weapons charge holds a potential term of imprisonment for up to one year and/or probation plus fines. If charged as a felony, the term is 16 months, two, or three more years imprisonment plus a fine. Simple possession of a .50 BMG gun is a misdemeanor with a penalty of up to one year imprisonment and/or probation plus fines.
Contact San Diego Criminal Defense Attorney
DIFFERENT GUN CRIMES
There are numerous other regulations in the State of California that make it criminal to utilize or possess a gun in certain areas or in specific areas. Examples of gun crimes in CA include, but are not restricted to:
- Bringing a gun on general public or exclusive school home, or even within 1000 feet of the school grounds, is an offense punishable by up to seven many years imprisonment;
- Holding a concealed weapon without a license is a misdemeanor with a sentence of up to one year in jail and/or fines;
- Attack with a firearm holds stiffer penalties. It's almost always charged as a felony (although attack with a simple revolver can be charged as a misdemeanor) and holds a term of up to twelve more years imprisonment.
These examples are but a few under California's gun laws and regulations. The State of CA often punishes gun crimes severely and if you find yourself charged under any of these statutes, you should consult instantly with an experienced criminal defense attorney.
Domestic Violence
Unfortunately, innocent people get wrongly accused of domestic violence all the time in CA.
Often times, an accuser will make a false allegation of domestic abuse out of anger or envy, or to gain the upper hand in divorce or separation or child custody procedures.
Often what seems to the authorities to be a domestic battery was really an accident, or the arrested person having acted in self-defense during a shared fight.
Whatever the circumstance, our Ca domestic violence attorneys understand how to investigate the facts and present your part of the story in court...to the prosecutor, to the judge and (if the case goes to trial) to the jury.
If we get involved in the case early enough, we may be in a position to present our case to the prosecutors before criminal charges get filed...and convince them not pursue a criminal charge at all.
san diego criminal defense attorney
California Domestic Violence Laws
California domestic violence regulations make it unlawful to utilize real force--or to communicate threats of harm--against an intimate companion. These are the absolute most common domestice violence crimes:
- Penal Code 273.5 pc Corporal Injury to a Spouse or Cohabitant -- Penal Code 273.5 makes it unlawful to cause a "corporal injury" ensuing in a "traumatic condition." an individual commits this crime by hitting his/her intimate partner in some violent method and causing a visible injury, even a minor one such as swelling or a bruise. This California domestic physical violence law can be charged if the alleged victim is a current or previous partner or cohabitant or the parent of your kid.
- Penal Code 243(e)(1) pc Domestic Battery -- Penal Code 243(e)(1) makes it a misdemeanor criminal activity to cause power or violence on a personal partner...a category that includes your fiancè, cohabitant, the moms and dad of your child, or your present or former spouse or dating partner. Unlike Penal Code 273.5, this California domestic physical violence law does maybe not require a visible damage.
- Penal Code 273d pc Child Abuse -- Penal Code 273d makes it a criminal activity to inflict "corporal punishment or injury" on a kid if it had been "cruel or inhuman" and caused a damage (even a slight damage). California kid punishment laws enable a parent reasonable latitude to spank a youngster, but draw the line where the punishment is cruel or injures the kid.
- Penal Code 273a pc Child Endangerment -- Penal Code 273a makes it a crime willfully to enable a kid (in your care or custody) to suffer harm or to have his/her safety or wellness endangered. An example would be a mom who allows her boyfriend to beat her 6-year-old; or a parent who operates a dangerous meth lab in the same house where his/her youngster lives.
- Penal Code 368 pc Elder Abuse - Penal Code 368 makes information technology a criminal activity to inflict real abuse, emotional abuse, neglect, endangerment or monetary fraudulence on a victim 65 many years of age or older. The criminal activity is usually charged against caregivers, but can additionally be charged against anybody whom commits these kinds of offenses against a senior citizen victim.
- Penal Code 422 pc Criminal Threats -- Penal Code 422 makes information technology a crime to communicate a threat of serious damage to someone if (1) you intend to place the person in fear, and (2) you actually do put the person in sustained fear. Criminal Threats may be charged as a misdemeanor or a felony. As a felony, it matters as a hit under Ca Three Strikes Law.
Domestic Violence and Immigration Issues
California domestic physical violence laws present a particularly severe issue for immigrants whom are not United States citizens. Many of the Domestic Violence offenses are crimes of moral turpitude and conviction will cause deportation. If you are a non-citizen accused of some sort of domestic abuse crime, it's imperative that you battle the case and avoid a criminal conviction. Otherwise you may possibly lose your opportunity to remain in the United States and eventually to naturalize.
Ca Domestic Violence Penalties & Sentencing
The penalty, discipline and sentencing for crimes under California domestic violence legislation differs depending on (1) the severity of the accidents, if any, and (2) the defendant's criminal record. But many counties enforce a minimal 30 day jail sentence, even for first-time misdemeanor offenders. And judges almost constantly need the defendant to go to a 52-week domestic batterers course.
Worst of all, a Ca domestic physical violence conviction goes on one's permanent criminal record...and will surface anytime someone does a routine history check. This can make it difficult to gain work, state licensing and other advantages.
