About San Diego Criminal Law Center

San Diego Criminal Law Center was created to provide useful information for anyone charged with a crime in San Diego and throughout the state of California. Author and attorney Vikas Bajaj has over 16 years of criminal defense experience. If you have been charged with a crime or under investigation, read our articles for useful info that may help you during this difficult time.

Potential Consequences for Gunman Who Shot Off-Duty Deputy Near Petco Park

by Bajaj on August 9, 2017

Last week, an off-duty police deputy and an innocent bystander were shot by an unknown assailant near Petco Park in downtown San Diego. The assailant reportedly approached the deputy, who was with a group of other off-duty law enforcement officers, while displaying a firearm. A confrontation between the two men turned into a struggle. The firearm was discharged four times – hitting the off-duty deputy in the shoulder three times and an innocent bystander in the arm once. None of the injuries were life-threatening. Police have not released information about why the assailant to approached the off-duty deputy or if the two men knew each other. The gunman remains at-large and the shooting is under investigation.

Regardless of the reasons for the confrontation and struggle, the assailant will face criminal consequences for shooting an off-duty deputy. The severity of the charges he faces, however, may depend on those reasons. Given the details provided in the news report, the assailant could potentially be charged with assault with a deadly weapon, attempted robbery, or even attempted murder.

In California, it is a crime to use a firearm to commit an assault or battery. An assault is the attempt and present ability to commit a violent act against another person using force that is likely to cause great bodily injury to another person. When a firearm is used to commit that assault, the charges may be aggravated to assault with a deadly weapon. Pointing and/or discharging a gun at another person is generally enough to aggravate a charge of simple assault. While the victim does not have to be harmed for an assault to occur, the fact that the victim does suffer great bodily harm can be used as evidence of the crime.

Assault with a deadly weapon is a wobbler in California, which means that the crime can be charged as a misdemeanor or a felony. If the San Diego gunman is charged with assault with a firearm the severity of the charge will depend on the circumstances of the crime and his criminal history. Misdemeanor assault with a deadly weapon is punishable by summary probation, 6 months to 1 year in jail, and/or fines of up to $1,000. Felony assault with a deadly weapon is punishable by formal probation, 2-4 years in California state prison, and/or fines of up to $10,000.

Crimes committed against law enforcement officers who are engaged in their official duties can face more severe penalties. However, since the deputy was off-duty at the time of the shooting it is unlikely that the gunman in this instance will face aggravated charges for assaulting a peace officer. A conviction will, however, count as a “strike” for the purposes of California’s Three Strikes Law.

It is also a crime to commit a robbery or attempt to commit a robbery. The details about why the gunman approached the off-duty deputy are unclear. However, the fact that the altercation took place around 1 o’clock in the morning may indicate that the gunman intended to rob the off-duty deputy. In California, a robbery occurs when you take the personal property of another person through the use of force or threat of force. The charge is aggravated if a firearm is used. If the gunman in this case was unsuccessful in taking any of the deputy’s property he could still face charges for attempted armed robbery and/or assault with a firearm.

When he is caught, the gunman in the late-night Petco Park shooting will face criminal consequences for his actions. The severity of those consequences, however, will depend on why he approached the off-duty deputy and what he intended to do. If the gunman had, at any point, had the intent to kill the deputy during the struggle, he could also face charges of attempted murder. Regardless of which crimes he is eventually charged, it is unlikely that he will escape this situation without spending a few years behind bars. It will be important for him to hire a skilled San Diego criminal defense attorney to ensure that his legal rights are protected and that he is given the opportunity to defend himself against any charges he may face.

How To Find a Good Criminal Defense Attorney in California

by Bajaj on August 3, 2017

If you have been arrested or charged with a crime in California you should not hesitate to contact an experienced criminal defense attorney. Hiring an attorney will help to ensure that your legal rights are protected and that you are given the opportunity to defend yourself against any charges you may face. It is not only important to hire an attorney to represent you, but to hire the right attorney to represent you.

There are many factors that should be considered when you are choosing a criminal defense attorney. These can include area(s) of expertise, years in practice, and even geographic location. The attorneys at the San Diego Criminal Law Center have compiled a list of tips that can be helpful when searching for a good criminal defense attorney in California.

Search Online

The best way to begin your search for a California criminal defense attorney is to use a search engine such as Google or Yahoo. A simple search can yield thousands of results. You can narrow down your search by using certain keywords and phrases.

We suggest including your geographic location and crime for which you have been charged. For example, if you are arrested for robbery in San Diego, we would suggest doing a search for “San Diego criminal lawyer” or “San Diego robbery criminal defense attorney.”

Legal Directories

Legal directories can be a great resource for clients. These directories are similar to search engines, except that search results are limited to lawyers. Attorneys often list themselves on these legal directories to help connect them with future clients. Some popular legal directories – with both clients and attorneys – include Avvo, FindLaw, and Lawyers.com. Popular customer-review websites such as Yelp can also be a great place to start.

Avvo

Avvo can be a great resource if you are searching for a good criminal defense attorney in California. The website simply asks you to enter the type of lawyer you are interested in finding and your location. Hit “search” and you’ll be matched with attorneys in your area who focus in that particular area of law. Avvo will provide information about the attorney, ratings, reviews, and any disciplinary records that may exist. You can even compare different attorneys in your area.

FindLaw

FindLaw allows you to search by city, state, and/or legal issue. When you are matched with attorneys in your area you will be able to access their biography and contact information. There is no review or rating system, so it may be helpful to perform a cross-search for an attorney you may be interested in hiring on a different legal directory.

Lawyers.com

If you’re interested in learning about what other attorneys think about a particular California criminal defense attorney you may want to use Lawyers.com. Search results will match you with criminal defense attorneys in your area and give you access to biographies, contact information, reviews from other clients, and even reviews from other attorneys.

Yelp

Yelp is not technically a legal directory, but it has become a popular tool for connecting attorneys and clients. If you find a California criminal defense attorney through a Yelp search that you like, we suggest searching for that attorney in another directory. This will allow you to get as much information as possible and allow you to make a more informed decision.

Online Reviews

Many of your online searches for a good California criminal defense attorney may include reviews by written by former clients and/or other attorneys. These reviews can be incredibly helpful when you are trying to decide if an attorney is the right choice.

Take the time to look closely at attorney reviews. Consider how many times an attorney has been reviewed as well as their overall rating.

Most importantly, however, consider the content of the reviews. When clients take the time to write a review they are probably doing so for a good reason. They may have been extremely happy with their representation, or they may have had a poor experience and been disappointed in a result. Reading through the entirety of these reviews can help to provide valuable insight into how an attorney works and if they may be the right fit for you.

When hiring a criminal defense attorney in California you will want to make sure you choose someone you trust. Online reviews can help you decide whether a particular attorney may be someone you can confide in and trust.

California State Bar

Once you have narrowed down your search to a few California criminal defense attorneys, we suggest using the California State Bar website to look up each attorney. The California State Bar website will provide up-to-date and certified contact information and the attorney’s disciplinary record.

Questions You Should Ask During the Initial Consultation

California criminal defense attorneys generally offer a free consultation for prospective clients. This allows you to meet with multiple attorneys and conduct a search in-person. When you ask the right questions you can learn a lot about an attorney and whether they may be the right fit for you.

Questions that you should consider asking a California criminal defense attorney during your initial consultation include:

How many other cases like mine have you handled?
What were the results of those cases?
How many years have you been practicing law?
Where did you go to law school?
Do you practice any other areas of law?
How many cases have you taken to trial?
How many jury trials have you won?
Have you ever been disciplined by the California State Bar?
Have you ever received any awards as an attorney?
How much will you charge for your services?
Can you get the charges reduced or dropped, based on the details I’ve given you?

Preparing for the Initial Consultation

Some of the answers a California criminal defense attorney gives you during an initial consultation may only be helpful if you have a basic understanding of the charges you face. Before meeting with an attorney it is a good idea to do a little bit of research about California law and the crime(s) you have been charged with.

A simple google search can provide a lot of information. An even better place to start is the criminal defense attorney’s website. Most criminal defense attorneys have pages dedicated to certain “practice areas” and crimes. These pages can provide a lot of insight into the law, whether an attorney has experience handling certain cases, and how they may approach a case like yours.

Understanding the Fees

It is important to understand how a criminal defense attorney will calculate his or her legal fees. Some California criminal defense attorneys charge a flat rate per case and others may charge by the hour. Many attorneys will require you to pay a retainer fee before they begin to work on your case. There are many factors that can go into how an attorney calculates a legal fee. Here are some questions you may want to ask during your initial consultation:

Do you have a fee structure I can review?
Do you charge a flat rate per case or on an hourly basis?
What would I have to pay today to secure you as my California criminal defense attorney?
Will I be responsible for court costs?
What happens if the case becomes more complicated than you initially thought?

While the cost of an attorney may be a factor you want to consider when hiring an attorney, it should not be the only factor. Expensive legal fees do not necessarily mean that your attorney will be better than another attorney who charges less. The opposite is also true. Be sure to investigate how familiar an attorney is with the specific legal issue you need help resolving.

Personality

While you are not hiring an attorney to be your friend, you are hiring someone to handle a very sensitive and personal matter. You must comfortable with and trust the California criminal defense attorney you hire to defend you. Try to choose an attorney who is easy to speak with and understand. An initial consultation is a great way to determine if you and the attorney would be a good fit.

Have you been arrested or charged with a crime in California? If so, do not hesitate to contact the experienced criminal defense attorneys at the San Diego Criminal Law Center for a free consultation. Our skilled attorneys would be happy to review your case, answer any questions you may have, and explain your legal options.

See Our Infographic on Finding a Good Criminal Defense Attorney in California

We created this infographic so that you can take it with you when you meet with attorneys. Please click on it to view full-size and print for future reference.