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.

San Diego Man Arrested for Trying to Carjack His Mother

by Bajaj on May 9, 2018

Carjacking typically involves stealing, or attempting to steal, a car from a stranger. However, a San Diego man was recently arrested after he attempted to carjack his own mother. Reports indicate that the man asked his mother to drive him from the Marina in downtown San Diego to the bank. During the trip, the man directed his mother to take less-traveled back roads.

When they were secluded, he forced the car into Park, removed the keys from the ignition, and exited the vehicle. He walked around to the driver’s side and attempted to forcibly remove his mother from the car. When she resisted, he threw the keys and ran. The man was subsequently found by police and arrested on suspicion of carjacking.

What is Carjacking?

In California, carjacking is actually a specific type of robbery. Robbery occurs when you use force or the threat of force to commit a theft directly from another person. This can involve taking property from another person’s body or taking property while in their immediate presence. Carjacking is essentially a robbery where the target is a vehicle.

Specifically, carjacking is defined in Penal Code 215 PC to mean “felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.”

In other words, carjacking is the crime of forcibly taking the vehicle from another person by using force, fear, or intimidation. You must intend to either permanently or temporarily deprive the owner possession of the vehicle.

What are the Penalties for Carjacking?

Carjacking is specifically defined as the “felonious taking” of a motor vehicle. As a result, carjacking is classified as a felony in California.

If you are convicted of carjacking in San Diego your criminal sentence may include:

3, 5, or 9 years in a California state prison, and
$25,000 in criminal fines.

The penalties for carjacking can be aggravated in certain situations. The penalties may be more severe if you used a firearm, injured a victim, or committed the crime for the benefit of a criminal street gang.

Sentencing Enhancements

Carjacking is classified as a “strike” offense in California. The state’s Three Strikes Law allows a judge to impose harsher criminal penalties if you have multiple convictions for strike offenses. If this is your second strike offense, the penalties for your crime can be doubled. If this is your third strike offense, you can be sentenced to 25 years to life in prison.

Defending Carjacking Charges in San Diego

When you face carjacking charges in San Diego you have the right to defend yourself. The best defense will help to explain, excuse, and/or justify your behavior. Other defenses can be used to cast doubt on your guilt and make it difficult for the state to build a persuasive case against you. Defenses that may be helpful in a carjacking case include:

You didn’t intend to deprive the owner of the vehicle
You mistakenly believed you had a right to take the car
You are the lawful owner of the vehicle
You had the owner’s consent
You did not use force or fear to take the vehicle, and
The victim’s fear was not reasonable.

If evidence is gathered in violation of your rights, you can also raise these violations in your defense. Your attorney will file a motion with the court to suppress any evidence that has been tainted by the state’s unlawful actions. Without this evidence, the prosecution may be forced to consider a plea or dismiss the charges in their entirety.

San Diego Criminal Defense Attorneys

Have you been arrested on suspicion of carjacking in San Diego? Contact the attorneys at the San Diego Criminal Law Center for help. We know that your future is on the line and will fight to protect your legal rights. It is important to act quickly, so do not hesitate to contact our office today. We will review your case, explain your rights, and outline what we believe is your best defense. We offer a free consultation, so do not hesitate to call us now.

San Diego Man Arrested for Aiming a Laser at Police Helicopter

by Bajaj on April 19, 2018

Did you know that pointing a laser at a plane or helicopter is a crime in California? A San Diego man recently learned this lesson the hard way when he was arrested for doing just that. According to reports, crew on a police Helicopter flying over San Diego notified central dispatch that a laser was being pointed in their direction. Police tracked the laser to a car at Fiesta Island, where the man was promptly arrested for aiming it at the chopper.

Pointing a Laser at an Aircraft

The FAA receives thousands of notices each year involving laser pointers. Under California law, it is a crime to direct a laser pointer in the direction of aircraft. Why? Research shows that the laser can “distract and incapacitate” pilots. In some cases, lasers can cause blindness and eye damage. This increases the risk of the aircraft being involved in an accident, which is dangerous for passengers and individuals on the ground.

California State Law

When is it illegal in California to point a laser at an aircraft? Under California Penal Code 247.5 PC, you can face criminal charges when you:

Willfully and maliciously
Discharge a laser at an aircraft in motion or in flight
While occupied.

Willfully and Maliciously

In order to face charges under California law, you must willfully and maliciously point a laser at an aircraft. This helps to prevent individuals who accidentally or mistakenly point a laser at an airplane or helicopter from being charged with a crime. You will be considered to have acted willfully and maliciously when you act with purpose and have an understanding that those actions can cause harm.

Discharge a Laser at an Aircraft in Motion or Flight

You can only be convicted under 247.5 PC if you direct a laser beam at an aircraft that is in motion or flight. In other words, the craft must be in the air or moving in some way. California law defines aircraft to include any vessel that is designed and capable of “transporting persons through the airspace.”

While Occupied

Again, this language helps to protect individuals who shine a laser beam at an unoccupied aircraft. A danger only exists when the aircraft (a) is in motion and (b) is occupied.

Penalties for Aiming a Laser at an Aircraft

Aiming a laser beam at an aircraft in California can be charged as a misdemeanor or a felony. Any charges that are filed will depend on the details of a specific case. Factors that may be relevant in determining whether the crime should be a misdemeanor or a felony include:

The degree of harm suffered by any victims
Whether the laser caused the pilot to lose control of the aircraft
The defendant’s intent and purpose, and/or
The defendant’s criminal record.

When charged as a misdemeanor, aiming a laser at an aircraft is punishable by:

12 months in a San Diego County jail, and/or
$1,000 in criminal fines.

When charged as a felony, aiming a laser at an aircraft is punishable by:

16 months, 2 years, or 3 years in a California state prison, and/or
$2,000 in criminal fines.

Defending Criminal Charges in San Diego

The San Diego man is not automatically guilty just because he has been arrested by police. The state will have to gather evidence and prove that he is guilty of the crime beyond a reasonable doubt. He will have the opportunity to defend himself against all criminal charges. A strong defense will make it difficult for the state to satisfy its burden of proof.

Defenses that may be helpful in contesting charges for aiming a laser at an aircraft include:

It was an accident
The defendant lacked the intent and motive necessary to commit the crime
The defendant did not have a laser, as defined under California state law
False accusation, or
Mistaken identity.

Contact the San Diego Criminal Law Center

You have the right to defend yourself against criminal charges in San Diego. Hiring an experienced criminal defense attorney to handle your case will help you secure the best possible outcome in your case.

If you have been arrested in San Diego do not hesitate to contact the San Diego Criminal Law Center for help. During your free consultation, we will review the charges against you and explain your rights as a defendant in California.

Chula Vista Man Arrested for Burglarizing Empty Home

by Bajaj on April 16, 2018

A San Diego man was recently arrested on suspicion of burglary after security alarms went off while he was inside of a Chula Vista home. The man may have believed that the home was the perfect target since it was in the process of being fumigated. A security alarm sounded when he entered the vacant home, which alerted local police. The man surrendered to law enforcement officers when they arrived on the scene. He was promptly arrested and may be facing criminal charges for burglary.

What is Burglary?

California, burglary is defined in Penal Code 459 PC to mean entering property with the specific intent to commit a crime inside. In order to be charged and convicted of burglary, the state must be able to prove you:

Entered a building, room within a building, vehicle, or structure, and
Had the intent to commit a theft or felony.

As you can see, the definition of burglary is quite broad. There is no requirement that you break into a home or building. In fact, you can face burglary charges if you are invited into the home or building. The pertinent factors are whether you (1) enter property and (2) have the intent to commit a crime once you’re inside. How you gain access is irrelevant.

This also means that whether or not the home or building is occupied at the time of the crime is irrelevant.

Burglary of Inhabited Property

While it may not matter whether anyone was present at the time of entry, the type of structure that is burglarized does. In California, the consequences for burglary are the most severe when the target is an inhabited home or structure.

Inhabited simply means that the space is “currently being used for dwelling purposes.” It does not matter whether those occupants are home at the time of the crime.

Since the property targeted by the the Chula Vista burglar was primarily used as a dwelling, he will likely face charges for First Degree Burglary.

Penalties for Burglary in California

What are the consequences for burglary in San Diego? The answer depends on:

The type of burglary charged
The crime committed inside the home or structure
Whether victim(s) suffered any harm during the crime, and
Your own criminal history.

First Degree Burglary: First degree burglary, which is also known as residential burglary, is a felony in California. Penalties can include:

2-6 years in a California state prison, and
$10,000 in fines.

Second Degree Burglary: Second degree burglary can be charged as a misdemeanor or a felony in California.

When charged as a misdemeanor, second degree burglary is punishable by a maximum of 1 year in a San Diego jail and $1,000 in fines. When charged as a felony, second-degree burglary is punishable by a maximum of 3 years in prison and $10,000 in fines.

Defenses to Burglary Charges in San Diego

The state has the burden of proving that a person charged with burglary with guilty beyond a reasonable doubt. Defendants can prevent the state from proving its case by presenting a strong defense. The arguments used should help to justify or explain any allegations of criminal behavior. Potential defenses to charges of burglary in San Diego include:

You lacked the intent to commit a crime inside the structure
You never actually entered the property
You mistakenly entered the property
False accusations, and
Mistaken identity.

The best way to fight criminal charges for burglary in San Diego is by hiring an attorney to handle your case. Contact the San Diego Criminal Law Center to request a free consultation with our skilled team of attorneys.

Our San Diego criminal defense attorneys know that your future is in jeopardy and will fight to secure the best possible outcome in your case. Our aggressive strategies often allow us to get the charges against our clients reduced or dismissed. Call today to learn more about how we can help you fight criminal charges in San Diego.

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