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Contact our San Diego criminal defense lawyer now!

Were you recently arrested for DUI, domestic battery, or drug charges? Facing a criminal charge is terrifying, and you need help and answers immediately. Don’t hire the first attorney you see online. You must hire the best criminal law attorneys in San Diego to beat your charge. Call our San Diego DUI defense lawyers today for elite criminal defense.

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Elite Criminal Defense | Home

Criminal Defense

Being charged with a misdemeanor or felony in San Diego can ruin your life without an elite legal defense. You could spend years in prison, pay heavy fines, and be saddled with a permanent criminal record. However, our San Diego criminal defense attorney is ready to mount a vigorous, effective defense. Our skilled criminal defense lawyer has years of outstanding results and will fight to reduce or dismiss your charge. Whether you face a DUI, drug possession, or domestic violence charge, a San Diego criminal law firm can get your life back on track now. We are available 24/7 to defend your rights.

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Criminal Defense

DUI Defense

If you are pulled over for drinking and driving in San Diego, you can go to jail, lose your license, and have difficulty holding a good job. A first conviction can put you in jail for up to six months. However, our DUI attorneys in San Diego have successfully defended many people against misdemeanor and felony DUI charges. Our San Diego DUI defense lawyer may challenge the San Diego police stop, breath and field sobriety tests, and other complex defenses to stop your charges dead in their tracks. Even if the prosecutor convicts you, Elite Criminal Defense is available 24/7 and will negotiate aggressively for the most lenient sentence.

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DUI

Domestic Violence

A first offense for domestic violence misdemeanor can result in a year in county jail, and subsequent felony offenses can put you in prison for several years. A permanent criminal record can make working and furthering your education challenging. Also, the statute of limitations for a domestic violence crime in California is now five years, so a charge could come when you least expect it. However, our San Diego domestic violence attorney is highly skilled and experienced in criminal court and will aggressively fight these charges. Our domestic violence lawyer is committed to the best result for your case.

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Domestic Violence
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Burglary

A 2nd-degree burglary charge in California is serious. You may receive up to one year in county jail for a misdemeanor but up to three years for a felony burglary charge. However, the prosecutor must prove guilt beyond a reasonable doubt. Your San Diego burglary attorney may argue many effective defenses, such as you didn’t know the items weren’t yours or you had no intent to commit a crime. Our breaking and entering attorneys in San Diego have a successful track record of fighting these serious charges. If you call today, we will start protecting your rights and building your defense.

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Federal and State

Drug Possession

Many think that drug possession is a minor charge. Wrong. You can be charged with a felony for possessing even a small amount of illegal drugs in California. A conviction for possessing minute quantities of cocaine, heroin, or prescription painkillers, and others can lead to severe outcomes, including prison. That is why you should contact an elite San Diego drug possession attorney after your arrest. Possession with intent to sell is difficult to prove, and our excellent attorneys know how to construct the absolute best defense possible. Common defenses include illegal search and seizure and whether you knew the substance was an illegal drug.

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Drug Crimes

Sexual Assault

California sexual assault charges can be bewildering, and you need to know your legal rights. California’s Penal Code 243.4 PC states that sexual assault is touching someone intimately without their consent. The charge can be a misdemeanor but may be elevated to a felony with aggravating factors. A sexual assault charge may include attempted rape, forced penetration, unwanted kissing, or inappropriate fondling. You can also be sued for sexual assault even if you aren’t convicted of a crime. A skilled San Diego sexual assault attorney can review your case and lay out the best defense options. We are available 24/7 to provide immediate help with a sexual battery charge.

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Elite Criminal Defense | Home
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Thanks For Helping Us

Your firm took over my husbands case last minute, Thanks for helping us so much through this difficult time in our lives. I will always recommend your firm to everyone I know.

Crystal, La Jolla

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He Fought My Case

After my 3rd DUI I knew if I messed up again I was going to jail for sure. I was guilty and I was certain there was no way anyone could help me. I hired Oscar thinking he could maybe get me less jail time. Instead he actually fought my case. Very happy with the result. Thanks Oscar!

Antonio, Chula Vista

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You’re amazing

I can’t thank you enough for taking my sons case. I felt hopeless, and as a mother I blamed myself for everything that was happening. I still get tears in my eyes when I think of everything you did for us. Thank you. You’re amazing

Samantha, Pacific Beach

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Charges Reduced

My cousin got arrested and my family hired a ‘family attorney’. This attorney was trying to convince my cousin to take a deal that would have put him away for over 10 years. We then hired Elite Criminal Defense, they got him probation instead.

Eduardo, El Cajon

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Not Guilty

In a world filled with attorneys that don’t seem to care about their clients, it was refreshing to find someone with as much compassion as Mr. Valencia.

Richard, San Diego

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Great Service

Great service from start to the end of my case. Always answered my calls. Always on time. I would definitely recommend.

Philip, Chula Vista

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You Saved Me

When I needed help, you were there for me. We all make mistakes, unfortunately mine almost cost me everything. I was already mentally prepared to do some serious prison time. I heard about you through an inmate you were representing. I can’t thank you enough for what you did for me. You saved me. Thank you!!!

Omar, Powway

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How Much Does a Criminal Defense Lawyer Cost in California?

At Elite Criminal Defense, we offer a Flat Fee pricing model, meaning you’ll know the total cost of your case before you sign anything—with no hidden fees or surprise charges. Once you’re a client, your fee never changes throughout the entire case, regardless of how long it takes or what twists may occur.

What should I do immediately after an arrest in San Diego?

If you’re arrested in San Diego:

  1. Stay silent – do not answer questions without your lawyer.
  2. Request an attorney immediately.
  3. Avoid resisting – stay calm and respectful.
  4. Call a trusted criminal defense lawyer. Your defense starts at the moment of arrest—anything you say can be used against you.
How to find the best criminal defense attorney?

Shoplifting involves some of the same elements of burglary but is a distinct charge. You can be charged with shoplifting in California for entering an open business with the intent to steal items for sale that are worth less than $950 total.

Can I Be Arrested If the Police Don’t Have a Warrant for My Arrest?

Yes, police can arrest you without a warrant if they witness a crime or have probable cause to believe you committed a felony. However, for most misdemeanors, officers must witness the offense. Warrantless arrests must still meet legal standards and are subject to challenge in court. Always consult a lawyer immediately after an arrest.

If I’m innocent, do I need an attorney?

Absolutely. Even if you’re innocent, you need a criminal defense attorney to:

  • Prevent false charges or wrongful conviction
  • Ensure your rights are protected
  • Challenge illegally obtained evidence

Innocence is not a defense by itself—you need legal representation to prove it in court.

Should I accept a plea bargain?

You should only accept a plea bargain after reviewing it with your attorney. A plea deal may:

  • Reduce charges or penalties
  • Avoid trial and jail time

But it also means giving up your right to a trial. A criminal defense lawyer can assess if the plea is fair or if you have a stronger case at trial.

What professional organizations are San Diego criminal defense Attorneys part of?

San Diego criminal defense attorneys are commonly affiliated with several trusted legal organizations that strengthen their credibility and local expertise:

  • San Diego Criminal Defense Bar Association (CDBA): A leading local organization for defense attorneys, offering education, advocacy, and community among criminal defense professionals.
  • San Diego County Bar Association (SDCBA): Many lawyers join its Criminal Law Section for access to legal updates, networking, and CLE (continuing legal education).
  • San Diego County Public Defender’s Office: While primarily government-run, private lawyers often collaborate with public defenders and are familiar with court processes and jail procedures in the region.
  • California Western Innocence & Justice Clinic: Some lawyers support this local advocacy group that works to overturn wrongful convictions.
When to get a criminal lawyer?

You should contact a criminal defense lawyer immediately after an arrest, police questioning, or learning that you’re under investigation. Early intervention can help negotiate bail or pretrial release, prevent charges from being filed, and protect your rights during interrogation.

How to Find the Best Criminal Defense Attorney?

To find the best criminal defense attorney in San Diego:

  • To find the best criminal defense attorney in San Diego:
  • Look for experience with your specific charge (e.g., DUI, assault, drug crimes).
  • Check state bar certification, reviews, and peer ratings.
  • Choose someone who offers clear communication, availability, and trial experience.
  • Verify credentials on trusted sites like Avvo, Super Lawyers, and the California Bar. Schedule consultations and ask how they handle similar cases.

Check our “About Us” page and learn what makes Elite Criminal Defense different from other attorneys.

How long does it take to solve a criminal case?

The timeline for resolving a criminal case can vary widely depending on the nature of the charges, the complexity of the evidence, and the court’s schedule. Some cases may be resolved in a matter of months, while others—especially those involving serious felonies or multiple charges—can take over a year.

Factors like plea negotiations, motions to suppress evidence, and trial preparation can all extend the process. At Elite Criminal Defense, we prioritize both efficiency and thoroughness to ensure your case is resolved as favorably and swiftly as possible.

Will I Have a Criminal Record That Will Show Up on Background Checks?

Yes, most criminal charges will appear on background checks—even dismissed or expunged ones in some cases. However:

  • Diversion programs may prevent a conviction.
  • Expungement or record sealing can help remove or hide past charges

A criminal defense lawyer can guide you through record-clearing options in California.

Can I be searched without a warrant in San Diego?

Police can search without a warrant only under specific conditions:

  • You gave consent
  • It’s part of a lawful arrest
  • There’s probable cause and exigent circumstances
  • It involves a vehicle stop or items in plain view

If none of these apply, warrantless searches may be challenged and any evidence may be excluded.

Latest Blogs

Elite Criminal Defense | Home

What Crimes Are Considered Violent Crimes in California?

In media and casual conversation, the term “violent crime” seems self-explanatory, suggesting any offense involving physical aggression. The California legal system, however, operates with much greater precision.  The classification of violent crimes in California is not based on opinion but on a specific list defined by law. This designation is one of the most significant […]
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What Should I Do If Accused of Burglary or Robbery?

An accusation turns your world upside down. One moment you are planning a trip to Balboa Park, and the next you are facing a serious allegation. Being accused of burglary or robbery is a frightening experience that demands a calm and measured response.  While people often use these terms interchangeably, they are distinct crimes in […]
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Can Kidnapping Charges Be Dropped If the Person Returns Voluntarily?

A common belief is that if an alleged victim returns home safely, any potential kidnapping charges will simply disappear. This is a dangerous misconception.  In California, the crime of kidnapping is completed the moment a person is moved a substantial distance through the use of force or fear. The subsequent actions of the alleged victim, […]
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What’s the Difference Between Murder and Manslaughter Charges?

Facing a homicide allegation is a dire situation, and a San Diego murder and manslaughter defense attorney is often the first line of defense in protecting a person’s rights and future.  In popular culture, the words “murder” and “manslaughter” are thrown around as if they mean the same thing. In the California legal system, however, […]
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The Legal Definition of Reckless Driving and Its Consequences

A lot of people think reckless driving only means speeding or cutting someone off in traffic. However, the legal definition is more specific, and the consequences are much more serious than a regular ticket. If you drive in San Diego, it’s important to know what the law considers to be reckless driving and what can […]
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How Commercial Burglary in California Differs From Residential Burglary

Burglary has a long history as a crime. It was one of the original felonies under English common law before the U.S. was even founded. Since the nation’s birth, burglary charges have carried severe penalties, including lengthy imprisonment. Originally, burglary only occurred when someone entered a dwelling. This definition has expanded to include entering vehicles, […]
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How Much Jail Time Can You Face for Soliciting Prostitution in San Diego?

One of the most common complaints about prostitution crimes is that prostitution and solicitation charges are often associated with different punishments. California Penal Code 647(b) determines much jail time for prostitution in California. Under this law, customers and prostitutes face the same punishments for solicitation or prostitution convictions. This means that sex workers and those […]
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Defending Against DUI Hit and Run Charges in San Diego

After getting involved in a car accident in California, it’s vital to ensure you stop at the accident scene. If you fail to do so, prosecutors may be able to pursue criminal charges against you. A conviction for a hit and run accident can result in harsh penalties, including jail time, fines, and driver’s license […]
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What Is the Difference Between Corporal Injury and Domestic Violence?

Unfortunately, conflicts with an intimate partner can sometimes turn ugly. If an intimate relationship results in allegations of domestic abuse or physical injury, you could find yourself in a difficult legal battle. Before you can begin building legal defenses to counter these allegations, though, you must first understand the type of charges you are facing. […]
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The Legal Consequences of a First-Degree Residential Burglary Conviction in California

A first-degree burglary conviction in California can have devastating consequences and impact your life in numerous ways.  This type of crime is a felony offense in the state, and it can leave you facing a prison sentence and serious fines. You may also face the possibility of having a criminal record for the rest of […]
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Breaking Down the Penalties for Assault and Battery in San Diego

The penalty for assault and battery in San Diego can be very harsh. California penal code section 242 outlines what this criminal offense is and what you could face if you’re convicted, including prison time, steep fines, and ending up with a criminal record for the rest of your life. If you’ve been charged with […]
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Common College Crimes Committed by Students

Sending our children out into the world on their own can be both an exciting and terrifying time for a parent. This is a time for your child to learn and grow independently, and that means you will not have the same level of oversight and control over their activities. During this stage of development, […]
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The Final Straw: Deciphering the Grave Implications of a Fourth DUI Offense in California

California is renowned for its stringent approach to Driving Under the Influence (DUI), and a fourth offense is considered a serious legal infringement. A fourth DUI within ten years significantly elevates the stakes, bringing forth severe penalties, extensive incarceration, and potentially life-altering consequences. In this article, we’ll unravel the intricacies and ramifications of encountering a […]
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A Guide To California Child Abuse Laws

Elite Criminal Defense is committed to defending the rights of individuals accused under the stringent child welfare laws of California and guide those facing such serious accusations on how to navigate the process with expert legal assistance. Schedule A Free Consultation Exploring California Penal Code Section 273d(a) Penal Code Section 273d(a) targets physical abuse against […]
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Third DUI in California

A third DUI is no joke, the State of California maintains stringent laws and severe penalties for Driving Under the Influence (DUI) offenses, especially for repeat offenders. A third DUI offense within a ten-year period is a critical legal junction, marked by substantial repercussions, mandatory incarceration, and profound long-term impacts.  A third DUI offense carries […]
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Rough Neighborhoods Create Tough Attorney – Attorney Journals, San Diego

‘East LA is often referred to as a rough neighborhood, but it is also an environment that helped define a lifetime goal for Oscar Valencia, who chose a career in law, primarily in criminal defense in state and federal courts. A strong family and a vibrant culture molded a young man into an advocate for […]
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False Domestic Violence Accusations in San Diego

When wrongly accused of domestic violence in San Diego, the implications can be profound, affecting your reputation, employment, and personal relationships. It’s critical to know the right steps to safeguard your rights and vindicate your name. Elite Criminal Defense is here to assist you in these challenging circumstances. Unfounded allegations from an alleged victim can […]
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What Should I Do If I Was Wrongfully Accused of a Crime In San Diego County

False Accusation – California Legal Defenses The journey through the criminal justice system can be daunting and emotionally taxing. High stakes, such as the risk of imprisonment, amplify the stress, especially for those wrongfully accused. Proving innocence is often an uphill battle. Discover how to effectively manage your criminal case when falsely accused, guided by […]
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Navigating the Complexities of Juvenile Criminal Defense in San Diego, California: Protecting the Rights and Futures of Minors

It is bad enough for an adult to end up in jail, but it is even more stressful when your child ends up in the juvenile court system. Elite Criminal Defense is a top-rated San Diego juvenile criminal defense law firm, defending minors who have been accused of any type of criminal offense throughout the […]
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The Sobering Truth: Facing the Fallout from a Second DUI Charge

California’s stringent DUI laws serve as a stern reminder of the state’s commitment to maintaining road safety. We have covered what happens with a first time DUI offense previously, in this article we move into  the nuanced implications and legal ramifications of facing a second DUI charge in the Golden State. The state of California […]
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Legal Repercussions of a First DUI in California

When it comes to Driving Under the Influence (DUI), California maintains a stringent approach to maintaining public safety on the roads. First-time offenders often find themselves amidst a whirlpool of legal repercussions, which underscores the severity of DUI offenses in California. Whether you’ve recently been charged with your first DUI or are simply looking to […]