Practice Overview

San Diego Criminal Defense

DUI, Sex Offenses, and More

The attorneys of San Diego Criminal Defense help people throughout San Diego County who are dealing with:

See our criminal defense information center for more information about the laws and procedures pertaining to criminal offenses. Along with our criminal practice, we have a separate practice helping victims of consumer fraud recover compensation.

Infractions, Misdemeanors, and Felonies

In the California penal code, all the crimes listed above fall under the legal categories of infractions, misdemeanors, or felonies:

Infractions are offenses such as traffic violations (e.g. speeding tickets, etc.) punishable by a fine usually not exceeding $250.00 plus penalty assessments (court costs). No time in jail can be imposed for an infraction.

Misdemeanors are more serious offenses (e.g. drunk driving, petty theft, etc.) and can be punishable by imprisonment in the county jail for up to one year and a fine up to $1,000.00.

Felonies are much more serious offenses (e.g. robbery, grand theft, drug possession and/or sales of drugs, etc.) and can be punishable with significantly higher fines and imprisonment in state prison for a period of years and capital offenses (e.g. murder) can even be punishable by death.

Both felonies and misdemeanors can involve sentencing issues such as restitution to the victim of a crime, alcohol and drug programs and sex or drug offender lifetime registration with the local police agency.

MISDEMEANORS

Consequences of Misdemeanors

There are additional consequences for a misdemeanor conviction. For instance, some individuals with professional certifications and licenses can lose their livelihood, depending upon the nature of the conviction.

The sentencing scheme for most misdemeanors is typically found with the definition of the specified crime. Many misdemeanors provide for a minimum punishment. For example, a conviction for a multiple offender DUI requires jail time or equivalent jail alternative work programs, plus community service, alcohol programs, and fines.

If the crime is defined in the law as a misdemeanor but fails to mention a specific punishment, then the maximum jail time is six months. Often, however, an attorney can convince a judge to not order any jail time, especially for some "first offense" misdemeanors.

Defending against Misdemeanors

Frequently, it is appropriate for your attorney to negotiate a "plea-bargain" or reduction of an offense or compromise on the proposed punishment so as to avoid more serious consequences. Some crimes are known as "wobblers" and can be punished as felonies or misdemeanors. (See also our Court Process page.)

In some instances your attorney can have your case dismissed. A "civil compromise" of a misdemeanor pursuant to sections 1377 and 1378 of the Penal Code may be possible. These sections permit a defendant to have a criminal proceeding permanently stayed or dismissed provided the victim of the crime appears before the judge (in person or by declaration) and acknowledges he has received satisfaction for the "injury" and the court agrees to the compromise.

Diversion

Some offenses (e.g. under the influence of drugs etc.) may be eligible for "deferred entry of judgment" or "diversion." These provisions permit someone who has pled guilty or no contest to a drug charge to complete a drug awareness program and have the underlying criminal case dismissed after 18 months. However, if the defendant fails to successfully complete the program, the court can impose a jail sentence.

Probation

If someone is convicted of a misdemeanor the court can either grant or deny probation. If probation is granted, it generally lasts for up to 3 years. However, offenses such as DUI, child endangerment, domestic violence and being under the influence of drugs permit probation to last up to 5 years. The court, in its discretion, could even order that any custody time be served in a home detention (house arrest or electronic-monitoring) program. And if the court imposes a fine, it will often provide for an alternative sentence consisting of community service hours in lieu of a fine.

People Living Outside San Diego County

If you live out of the area or out of state, you may not have to appear in court at all, even on some bench or arrest warrants. A defendant may waive his right to personally appear on misdemeanor matters and instead have his attorney appear on his behalf for all proceedings, including arraignment, pretrial conferences, trial and, if convicted, for sentencing. This provision in the law often eliminates the need to return to California.

Lastly, an attorney for a defendant may even petition a conviction to be set aside and dismiss the case, releasing the defendant from its penalties and disabilities. If probation was granted, the defendant must have successfully completed the terms of probation. If probation was not granted, the defendant must have completed the sentence of the court and wait a year before filing the petition.

The defendant must also establish that he/she is living an honest life and is free of any other subsequent arrest or sentence. This remedy does not have the effect of sealing the record of arrest. Further, the "conviction" which is set aside can be pled as an enhancement in future prosecutions. Defendants must still disclose the arrest and proceedings when applying for certain professional licensing or government jobs. (Penal Code Sections 1203.4, 1203.4(a).) Please see our Expungements page for details about closing past convictions from the view of others.

FELONIES

Felonies are the most serious offenses and require a vigorous defense. For felonies, the state's aim is to punish the offender, as stated explicitly by the California legislature in the Felony Determinate Sentencing Law, enacted in 1977.

This law provides three possible terms of imprisonment: a low, middle and high term in prison. It is assumed that the middle term is the appropriate sentence unless the court makes findings on the record (stated in open court) that justify the higher or lower term (sentence). If a crime is classified as a felony, but the statute does not provide a specific sentencing range, then the crime can be punishable by imprisonment in the state prison for 16 months, 2 years or 3 years plus any enhancements (such as personal use of a firearm).

Probation

Unless specifically precluded by a statute, a judge can sentence a convicted felon to a grant of probation. Among other things, the court may require the defendant, as a term and condition of probation, to serve local jail time, pay fines, complete community service and pay restitution.

If a defendant is sentenced on a felony he may be sent to state prison, or, in the case of people addicted to drugs, to the California Rehabilitation Center. Minors can be sent to the California Youth Authority -- see our Juvenile Crimes page for more information on youthful offenders.

Contact Us

Obviously, an arrest and conviction for a misdemeanor or felony can have extremely serious consequences. The attorneys of San Diego Criminal Defense are ready to help you avoid them. Speak with one of our lawyers, free of charge, by calling 619.894.8595 or emailing us through our contact page. We can meet with you on weekends or evenings, and we have a 24-hour answering service ready to take your call.