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.

Los Angles Man Facing Three Counts of Attempted Arson

by Bajaj on November 24, 2017

A Los Angeles man could face criminal charges for arson after his recent arrest. Matthew Rice is believed to have attempted to set three Los Angeles area houses on fire earlier this month. According to reports, Rice knew the owners of each of the homes he tried to torch. His first arson attempt was his estranged wife’s home in Studio City. After being discovered, Rice fled to Fontana where he attempted to set his wife’s friend’s home on fire. Shortly after this, Rice attempted to set his wife’s parents’ home on fire in Rancho Cucamonga.

Intentionally attempting to set homes on fire is a serious crime in Los Angeles that carries significant penalties. Rice could face at least three counts of attempted arson for his Los Angeles arson spree. He will likely consult with an experienced criminal defense attorney to limit the criminal penalties he faces for his actions.

What is Arson?

In California, arson is the act of intentionally setting a fire or burning something for an unlawful purpose. The crime, which is defined in California Penal Code Section 451 PC, occurs when you willfully and maliciously set fire to or burn any structure, forest land, or property.

State of mind is important

Arson requires that you act maliciously and willfully when setting a fire or causing something to burn. You will be considered to have acted willfully when you do something intentionally and on purpose. Things you do by accident or under threat of force are not considered willful. You will be considered to have acted maliciously when you do something with an illegal or negative intent. For example, setting a fire with the intent to injure, annoy, or defraud someone/something would be considered malicious.

However, you can face reckless arson charges if your behavior creates a significant risk of harm. Throwing a hot cigarette butt into a dry trash can or lighting matches around flammable materials could trigger charges for reckless arson if a fire erupts.

Who owns the property?

Most time, arson is only a crime if you set another person’s structure, land, or property on fire. However, you can also face charges for arson for setting fire to or burning your own stuff. You can face charges for arson for setting your own structure, land, or property on fire when it is proven that you did so for fraudulent reasons or caused an injury.

Criminal Punishments for Arson

Allegations of arson are not taken lightly in Los Angeles. If it is proven that you attempted to commit arson or successfully committed arson you can face serious criminal penalties.

Arson Penalties

Arson is a felony offense in Los Angeles. If you are convicted of arson, your criminal sentence will depend on the facts of your specific case, including:

Whether the arson caused great bodily harm, death, or significant property damage;
Prior charges or convictions for arson or related offenses; and
Any other mitigating or aggravating factors.

Possible criminal penalties for a felony arson conviction include 3 years in prison, $10,000 in fines, and a term of felony probation. If your crime of arson causes great bodily injury or significant property damage, you can face up to 9 years in prison. For crimes of arson that cause death, you can be sentenced to life in a California state prison.

Attempted Arson Penalties

If you attempt to willfully and maliciously commit arson and fail you can still face significant criminal penalties for your actions. Attempted arson is a felony offense punishable by 16 months, 2 years, or 3 years in a California state prison; $10,000 in fines; and a term of felony probation.

Experienced Los Angeles Arson Attorney

Rice is facing three felony counts of attempted arson for trying to set three houses on fire. If convicted, he could face up to 3 years in prison for each individual charge. This means that he could potentially be required to spend 9 years in prison for his unsuccessful attempts to set a few houses on fire. His chances of securing the best possible outcome in his case will increase if he hires an experienced criminal defense attorney to defend him. An attorney will understand the California arson laws that apply to his case and know which defenses may be helpful in securing a reduction or dismissal of the charges.

San Diego Teen Arrested for Making Threats of School Violence on Snapchat

by Bajaj on November 11, 2017

In today’s high-tech world it is important to be careful what you post on social media. A Fallbrook High School student learned this lesson the hard way last week when he was arrested for making a threatening post on his personal Snapchat feed. The 15-year-old posted a photo of himself holding a firearm at a shooting range and included a caption warning students to stay home from school the next day. Police arrested the teen on suspicion of making criminal threats.

What Are Criminal Threats?

Criminal threats, as defined in California Penal Code 422 PC, occur when:

You willfully threaten to kill or physically harm another person;
You communicate this threat verbally, in writing, or electronically;
You intended that your communication be understood as a threat;
The threat was clear, immediate, unconditional, and specific that it was reasonable to take it seriously;
The threat caused another person to fear for his/her safety or the safety of his/her family; and
This fear was reasonable given the circumstances.

In San Diego, you can be charged with the crime of making criminal threats even if you aren’t able to follow through. In fact, your intent to actually harm another person is irrelevant. The fact that you make a threat that places another person in reasonable fear is sufficient to warrant criminal charges.

If the Fallbrook High School student is charged with making criminal threats the prosecution will have to establish each element of the crime in order to convict him. This includes proving that the post was made intentionally with the purpose of placing others in a state of fear.

Defending Allegations of Making Criminal Threats

The prosecution is required to establish each element of the offense in order to get a conviction. The student’s San Diego criminal defense attorney will argue any defense, fact, or piece of evidence that makes it difficult for the prosecution to make their case. After reviewing the evidence of this case, the student’s attorney will likely argue that:

The post was made as a joke, and was not intended to scare others;
Recipients of the post should have known that it was not a threat;
The victim’s fear was unreasonable, given the circumstances; and
The post was not a clear and specific threat.

Penalties for Making Criminal Threats

The crime of making criminal threats is can be charged as a misdemeanor or a felony in San Diego. The severity of the charges will depend on the specifics of each individual case. Factors that can influence whether you are charged with a misdemeanor or a felony include:

Harm suffered by the victim;
The extent and seriousness of the threat;
The use of a deadly weapon or firearm; and
Your existing criminal record.

A misdemeanor conviction for making criminal threats carries a maximum penalty of 12 months in a San Diego jail and a fine of $1,000. A felony conviction for making criminal threats carries a maximum sentence of three years in a California state prison and a fine of $10,000.

The sentence for making criminal threats can be extended if you make threats:

Using a deadly weapon or firearm;
On multiple occasions;
Against more than one person; or
To further another criminal goal.

Hire an Attorney to Reduce the Risk of a Conviction for Making Criminal Threats

You can be charged with the crime of making criminal threats even if you do not intend to follow through and harm someone. It is important to speak with an experienced San Diego criminal threats attorney if you are facing criminal charges. An attorney can help to limit the consequences of your arrest by designing and arguing a persuasive defense. The prosecution must build a strong case against you, and their ability to do this will be limited when they are fought every step of the way. If you need assistance finding an attorney, click here for more information.

Carmel Valley Mother Arrested For Selling Marijuana to Teens

by Bajaj on October 25, 2017

In a few months, California will officially legalize the use of recreational marijuana. This does not mean that using or selling marijuana will always be legal. There will still be serious consequences for breaking the law. Selling drugs to minors – including marijuana – is and will continue to be illegal. One San Diego mother recently learned this lesson the hard way. In September, Kimberly Dawn Quach was arrested for selling marijuana and other drugs to high school students in Carmel Valley. She faces criminal drug charges for employing a minor to sell or carry marijuana and furnishing marijuana to a minor. If you’re facing drug-related charges, see our guide on finding a good criminal defense attorney.

Using a Minor to Sell Drugs

In San Diego, it is a crime to involve minors in transactions involving marijuana. This includes using minors to sell, distribute, or carry marijuana on your behalf. It is a crime under California Health and Safety Code Section 11361 HS to:

Hire, employ, or use a minor to unlawfully;
Transport, carry, sell, give away, prepare, or peddle;
Any marijuana.

The prosecution will have to prove a few things in order to convict Quach of this crime. If they cannot prove each of the following elements, Quach cannot be found guilty of the crime. The prosecution must prove (beyond a reasonable doubt) that Quach:

Was over the age of 18 at the time of the offense;
Hired, employed, or used someone that she knew was under the age of 18;
To transport/carry/sell marijuana.

It is important to understand that compensation is not an element. Quach can be guilty of this crime even if she did not pay the minor to carry or sell the marijuana.

Using a minor to sell or transport marijuana is a felony offense. Quach is charged with 10 counts of this crime. If convicted, Quach could face 3, 5, or 7 years in prison for each of these counts.

Furnishing Marijuana to a Minor in San Diego

It is also a crime to sell or give marijuana to a minor in San Diego. California Health and Safety Code Section 11361 HS specifically states that it is a crime to “furnish, administer, or give…cannabis to a minor.” It is also a crime to offer marijuana to a minor. A person can be guilty of this crime even if they do not directly sell or give marijuana to a minor. It is enough to enlist another person to sell or give the drugs to the minor.

Selling marijuana to a minor is a felony offense. The severity of the crime depends on the age of the minor. Selling marijuana to a minor under the age of 14 carries a possible criminal sentence of 3, 5, or 7 years in prison. Furnishing marijuana to a minor over the age of 14 carries a possible criminal sentence of 3, 4, or 5 years in prison.

Quach faces 16 counts of furnishing marijuana to a minor over the age of 14. She could face 3, 4, or 5 years in prison for each of those offenses.

Consequences of a Drug Related Conviction in San Diego

A conviction will likely make Quach’s life incredibly difficult. She faces serious time in prison and steep fines for her crimes. In addition to these criminal consequences, Quach would be faced with other challenges in her life. Collateral consequences are penalties and sanctions that are related to a criminal conviction. A criminal record, especially one that reflects a felony conviction, can:

Result in the loss of your right to vote;
Revoke your right to carry a firearm;
Limit your ability to get a government job;
Limit your ability to work in a school or healthcare facility; and
Make you ineligible to recover financial assistance or aid from government welfare programs.

Quach may also face challenges in finding employment or housing. Many applications ask about your criminal record. Employers and landlords may not want to work with Quach if they see multiple convictions on her record. Quach will also have to deal with the social stigma that is associated with a criminal record.

Skilled San Diego Criminal Defense Attorneys

If you have been charged with a crime in San Diego do not hesitate to contact an attorney. Our skilled San Diego criminal defense attorneys can help to limit the negative consequences of your arrest. We understand that your future is at stake. We will fight to make sure that your legal rights are protected and that you are given every opportunity to defend yourself. Contact our office today to set up a free consultation. The sooner you call, the sooner we can start working on your case.

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