Criminal Defense

San Diego Criminal Defence Attorney

When facing criminal charges, it’s essential to get legal advice and representation at the earliest opportunity. At Elite Criminal Defense, we are dedicated to offering each client exceptional service and support throughout every phase of their case. Our hands-on, committed approach, coupled with our deep understanding of California’s criminal justice system, positions us as a top choice when you’re seeking the best possible outcomes. Whether you’re under investigation for a white-collar crime or have been charged with a severe or violent offense like armed robbery or murder, our San Diego-based criminal defense firm is here to provide immediate assistance.

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Criminal Defense

San Diego Criminal Charges

Facing criminal charges is a grave matter; the consequences can include hefty fines, incarceration, and additional penalties that vary depending on the nature of the offense and other circumstances. When you’re in need of a criminal lawyer in San Diego, it’s crucial to select an attorney who combines experience, skill, and assertiveness. Our primary objective is to safeguard your legal rights and freedom while working diligently to prevent a conviction and the ensuing criminal repercussions.

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Assault & Battery

In California, assault and battery are considered separate offenses under Penal Code 240 & 242. Assault occurs when an individual intentionally makes a threat of physical violence towards another person, even if the act is not carried out. The key element for an assault charge is that the victim must perceive the threat as immediate. On the other hand, battery involves actual unlawful physical contact resulting in harm to the victim. This includes a range of offenses, from sexual crimes like rape and molestation to instances of police brutality.

Whether you’re facing a first-time assault & battery charge or repeat offender, Elite Criminal Defense is here to help you navigate the legal complexities involved.

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Assault With a Deadly Weapon

Under California Penal Code Section 245, an assault with a deadly weapon (ADW) is defined as an attack on another individual using a weapon capable of causing significant harm or employing force that could result in great bodily injury. This offense is a ‘wobbler,’ meaning it can be prosecuted either as a misdemeanor or a felony, depending on various factors. These factors can include your prior criminal history, the potential lethality of the weapon involved, and the age of the victim, among others. When you’re facing such serious charges, know that Elite Criminal Defense is on your side to guide you through the legal process.

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Attempted Murder

At Elite Criminal Defense, we recognize the gravity of an attempted murder charge, which falls under Penal Code 664/187(a), and understand that a conviction can lead to severe criminal penalties. Whether you’ve been arrested, charged, or are currently under investigation in San Diego, it’s crucial to secure competent and aggressive legal representation immediately. As a distinguished criminal law firm in San Diego, we have successfully defended numerous individuals throughout California who have been charged with high-level felonies such as murder, homicide, and other serious offenses. When faced with criminal charges that could result in prison time and substantial fines, it’s imperative to select an attorney who comprehends the extensive time, resources, and dedication needed to develop a robust and effective defense strategy.

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Burglary

In California, burglary is categorized under Penal Code 459 and is described as the act of entering a building, vessel, vehicle, or cargo container with the intention of stealing someone’s property or committing another felony. Typically charged as a felony, a burglary conviction can result in imprisonment and a permanent criminal record. Additionally, this offense is classified as a “Strike” in California’s legal system. At Elite Criminal Defense in San Diego, we recognize that an arrest or charge for burglary can have life-altering implications. To ensure the best possible outcome for your case, it’s crucial to engage the services of a lawyer who is not only skilled and experienced but also committed to giving your case the meticulous attention it warrants.

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Domestic Violence

Domestic Violence

Domestic violence and domestic battery, governed by California Penal Codes PC 13700 and PC 243(e)(1), are extremely serious charges in the state. These offenses include abuse, verbal threats, or physical violence against another person within certain relational contexts. Even if no harm was intended, or the security or safety of the victim wasn’t the focus, prosecution can still occur. At Elite Criminal Defense, our attorneys are committed to rigorously defending our clients’ legal rights and freedoms. If you’re accused of domestic violence or domestic battery, it’s crucial to seek qualified and proficient legal guidance immediately. Even if the alleged victim opts not to press charges, the final decision ultimately rests with the prosecuting attorney, making it vital to have skilled legal representation on your side.

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Corporal Injury To A Spouse

In California, charges of corporal injury to a spouse or cohabitant are governed by Penal Code Section 273.5, commonly referred to as PC 273.5. This law defines the offense as intentionally causing a physical injury that results in a traumatic condition to an intimate partner. The injuries may be visible but can also include internal damage. A “traumatic condition” refers to any wound or other types of bodily injuries caused by the direct application of physical force. If the alleged victim sustains a significant bodily injury, the prosecutor in San Diego County may allege an enhancement that elevates the charge to a “strike” under California’s Three Strikes laws.

At Elite Criminal Defense in San Diego, our skilled legal team can employ various legal defenses to either have your charges dismissed or reduced to a lesser offense. Contact us to carefully review the specifics of your case and to formulate an effective legal strategy.

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Drug Crimes

Drug Possession

In California, drug possession for sale is a serious offense that carries harsh penalties. Governed by Health and Safety Codes HS 11350 & HS 11377, individuals found with illegal drugs or narcotics in their possession, with intent to sell, may face criminal charges. Law enforcement has the responsibility to prove your intent to sell these illicit substances before making an arrest. Officers are sometimes overly aggressive in their efforts to combat drug crimes, often presuming that possession of a large amount of drugs or a significant sum of cash equates to intent to sell.

At Elite Criminal Defense in San Diego, our attorneys specializing in drug possession for sale have the expertise to successfully defend clients against potential convictions and the accompanying criminal penalties. If you’re facing such charges, it’s crucial to secure skilled legal representation to protect your rights.

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Drug Trafficking

California’s Health and Safety Code HS 11352 strictly prohibits the sale and transportation of controlled substances. This law applies to various means of transporting drugs, whether by vehicle, bicycle, or even on foot. It doesn’t just target large-scale drug trafficking operations; you could be charged with a felony under HS 11352 even for selling a small amount of drugs to a friend. Being charged with even a minor role in a drug crime can lead to severe penalties. A conviction for drug trafficking can result in not only substantial fines and incarceration but can also have long-lasting repercussions on your personal life, professional opportunities, educational prospects, and immigration status.

At Elite Criminal Defense in San Diego, we’re committed to rigorously fighting for your rights. Our skilled legal team will employ every available strategy to defend you against these serious charges, working to minimize the potential penalties you face or to have the charges dismissed altogether.

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Possession With The Intent To Sell

Under California Health and Safety Code HS 11351, possession with the intent to sell narcotics is a serious offense. This involves having in your possession a certain amount of a controlled substance—or multiple controlled substances—with the intent to sell them. These controlled substances can range from illegal drugs such as heroin, cocaine, and LSD, to prescription medications. Being charged with possession with the intent to sell under HS 11351 is a significant legal matter that requires immediate attention.

That’s where Elite Criminal Defense in San Diego steps in. If you’ve been charged with possession with the intent to sell, we’re here to guide you through your legal options and formulate the best strategy for moving forward. Reach out to us to discuss your case and understand the pathways available to you for defense.

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DUI Defense

At Elite Criminal Defense in San Diego, our DUI attorneys understand the severe ramifications of being convicted of driving under the influence of alcohol or illegal substances. Convictions can lead to a host of penalties, such as hefty fines, driver’s license suspension, and potential jail or prison time. Additionally, you may suffer reputational damage, increased or canceled auto insurance, and be mandated to attend alcohol education programs. Whenever possible, our primary aim is to get the DUI charges against our clients dismissed. When that’s not feasible, we strive to reduce the charges, which can lessen the penalties and minimize the impact on our client’s life, career, and reputation. If you’re in need of effective and aggressive legal counsel for a DUI case, you can rely on our experienced team.

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Reckless Evading

Felony reckless evading of arrest or police officers involves intentionally fleeing from law enforcement in a vehicle, while driving in a way that puts others and property at serious risk. In simpler terms, you’re using your vehicle to escape from the police, and you’re doing so in a dangerously reckless manner. Both misdemeanor and felony reckless evading charges should not be taken lightly. Misdemeanor evasion can result in a long jail sentence, while felony evasion could lead to a lengthy prison term.

If you’ve been charged with either misdemeanor or felony evasion in San Diego, it’s crucial to act immediately. Contact Elite Criminal Defense to defend you and help prevent a prolonged imprisonment. Our experienced legal team is committed to providing you with the robust defense you need in such serious circumstances.

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Hit & Run

Under California law, anyone involved in a vehicle accident must properly identify themselves if the accident results in injury or damage to another person or their property. You could be arrested for hit and run if you cause such damage and leave the scene without providing your driver’s license or other identification. Depending on the specifics of your case and the severity of the damage, hit and run can be charged as either a misdemeanor or a felony.

At Elite Criminal Defense in San Diego, we are committed to vigorously defending those facing charges like hit and run. We fully comprehend the impact a conviction can have on our clients’ freedom, reputation, and future prospects. Our legal team works diligently to secure the best possible outcomes for our clients, whether that involves having the charges reduced or dismissed entirely.

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First Degree Murder

In California, a conviction for first-degree murder carries severe penalties, which may include life imprisonment without the possibility of parole. In certain cases, the defendant could even be subjected to the death penalty. At the very least, a first-degree murder conviction will result in a 25-year prison sentence. If a firearm was used in the commission of the murder, additional time—10, 20, or 25 years—could be tacked onto the sentence. Furthermore, such a conviction could count as a “strike” under California’s ‘Three Strikes’ law, amplifying the gravity of the situation.

Given these dire implications, it’s imperative to have a skilled and experienced murder defense attorney on your side if you’ve been arrested or are under investigation for murder. At Elite Criminal Defense in San Diego, we are dedicated to protecting your constitutional rights and developing a robust defense strategy aimed at safeguarding your freedom, reputation, and future.

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Forgery

In California, forgery is a crime that is prosecuted aggressively. If you find yourself under investigation, it’s crucial to consult with an experienced San Diego forgery defense attorney as soon as possible. Forgery can involve creating a fake document, altering an existing document, or signing someone else’s name with the intention of unlawfully obtaining money, goods, or services. Penalties upon conviction can range from severe to extremely severe, whether the offense is as simple as signing another person’s check without their consent or as complex as altering a legal document like a will.

At Elite Criminal Defense, we prioritize the protection of our clients’ freedom, striving to act quickly, ideally before charges are even filed. In certain instances, a skilled San Diego criminal defense attorney from our team may be able to prevent charges from being filed in the first place. However, if a case does proceed to trial, we offer our clients a robust and effective defense, aiming for favorable outcomes that minimize or eliminate the risk of jail or prison time and other severe penalties.

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Lewd and Lascivious Act With A Minor

In California, engaging in any act with a minor for sexual purposes can lead to an arrest for lewd and lascivious acts with a minor. Importantly, the law doesn’t mandate that the touch be explicitly sexual or that it occurs on bare skin for charges to be levied. However, these details can be pivotal during conviction or sentencing. Typically, lewd and lascivious acts with a minor is charged as a felony. But if the minor is older, typically around 16 or 17, the charge can be what’s termed as a “wobbler” in California. This gives the district attorney the discretion to treat the offense either as a misdemeanor or a felony. Facing such charges can have profound and lasting effects on an individual’s life. At Elite Criminal Defense in California, our skilled attorneys comprehend the magnitude of these allegations and the potential implications they carry. We are committed to providing vigorous defense for our clients to safeguard their future.

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Carry A Concealed Weapon

Under California Penal Code 25400 PC, carrying a concealed firearm—whether on your person, hidden within a vehicle you’re driving, or merely concealed within a vehicle you’re occupying—is a crime. Importantly, you must be aware of the firearm’s presence for PC 25400 to be applicable in your case. This stipulation exists within California’s weapons laws to safeguard innocent individuals from unjust charges. If you’ve been arrested for possessing a pistol, revolver, or other types of firearms without the required California concealed carry permit, it’s crucial to consult a knowledgeable concealed weapons lawyer as soon as possible. The penalties for a conviction on a carrying concealed weapons (CCW) charge in California are severe, including substantial fines and the possibility of jail or prison time. At Elite Criminal Defense in San Diego, our experienced concealed weapons attorney can help ensure you’re not wrongfully convicted if you weren’t aware of the weapon’s presence.

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Sexual Battery & Assault

In California, under Penal Code 243.4 PC, a person who touches another individual’s intimate body part for sexual arousal, gratification, or abuse may face charges of sexual battery. This can be charged as either a misdemeanor or a felony, based on the specific circumstances of the case. At Elite Criminal Defense in San Diego, our attorney specializing in sexual battery cases are committed to safeguarding the legal rights and freedoms of those accused of sexual assault. We understand the profound consequences a conviction can bring, affecting not only legal outcomes but also one’s reputation and career prospects.

Felony sexual battery charges may be levied if the alleged victim was unaware that a criminal act was being committed, believing instead that they were being touched for professional reasons, such as during a medical exam. Charges may also apply if the victim was unlawfully restrained, was severely disabled or medically incapacitated and institutionalized, or was forced to touch intimate areas of your own body or someone else’s. In any such situations, no matter how minor or severe they may appear, it is crucial to consult with an experienced San Diego criminal defense attorney without delay.

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Terroristic Threats

Being accused of making terrorist threats in California is a severe matter that can be charged as either a misdemeanor or a felony, depending on the particulars of your case. Factors such as the severity of the threat, the consequences resulting from it, and any past criminal history will influence the penalties if you’re convicted. Punishments could range from fines up to $2,000, a prison term of up to four years, probation, parole, and the loss of certain civil liberties like the right to own a firearm or vote. Additionally, terrorist threats are classified as a “strike” under California’s ‘Three Strikes’ law, meaning you must serve at least 85% of your sentence before becoming eligible for release.

The ramifications of terrorism charges extend far beyond legal penalties. A conviction will cast a long-lasting stigma that could adversely affect your career and reputation. Therefore, if you’re facing such accusations, it’s crucial to act promptly to safeguard your rights and freedom. At Elite Criminal Defense in San Diego, our seasoned terrorist threat defense lawyers are committed to offering the robust legal representation you need to protect your future.

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Prostitution & Solicitation

In California, patronizing or soliciting prostitution is classified as a misdemeanor, and those convicted could face jail time among other penalties. Prosecuted under California Penal Code section 647(b), for a successful conviction, the prosecutor must establish that an individual either solicited another person or agreed to engage in an act of prostitution. Mere oral expression of intent is not adequate; there must be evidence demonstrating the intent to patronize prostitution, such as the exchange of money or drugs for sexual services. At Elite Criminal Defense in San Diego, our team of prostitution defense attorneys is committed to preserving your legal rights and freedoms. We strive to offer a strong and effective defense aimed at achieving the best possible outcome for your case. While some may perceive prostitution or its solicitation as victimless crimes, the legal system in California takes a different stance. A conviction could not only lead to incarceration but also have devastating effects on your career and reputation.

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Statutory Rape

If you’ve been arrested or charged with statutory rape, it’s crucial to consult an experienced San Diego criminal defense attorney as soon as possible. Statutory rape, often referred as Unlawful Sexual Intercourse in California, is one of the most misunderstood sex crime charges. Essentially, engaging in consensual sexual relations with anyone under the age of 18 is against the law. If the alleged victim is under 14, you may face even more severe charges, potentially being charged with child molestation. Remember, you have legal rights and are considered innocent until proven guilty beyond a reasonable doubt. At Elite Criminal Defense, we understand the grave and life-altering repercussions that can come from a statutory rape conviction. We offer unparalleled legal guidance and support, working tirelessly to protect your freedom and achieve favorable outcomes.

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If you or someone you know has been arrested, Don’t wait! Contact us right now for a free consultation. The sooner you have a criminal defense attorney on your criminal or DUI case, the better your chances of taking the correct steps to getting the results you want.

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