Criminal Defense

November 20, 2020

What is California Voter Fraud?

When Americans go to the polls, they have to believe that their vote counts and that all votes will be counted honestly and appropriately for fair and free elections to take place. However, when the established rules are not followed and the system is abused, anyone involved in such actions can be charged with voter fraud. In California, voter fraud is a crime, just as it is in every state across the nation. There are four categories in which acts of California voter fraud can fall within the scope of the law. These are the four violation categories:

Voter registration
Petition initiative
Election day and voting
Nomination and election campaign

California Voter Fraud Violations Explained

Below details a breakdown of California voter fraud violations.

Voter Registration Fraud – When ineligible voters are registered to vote, that will fall under voter registration fraud. Examples of ineligible parties would be animals, deceased persons, fictitious people, or anyone under the law who does not have the right to vote. If you are charged with California voter registration fraud, how you are charged will be based on the details of your crimes. As a wobbler crime, a prosecutor can decide to charge you with either a felony or misdemeanor. Misdemeanor charges come with as much as a year to be served in county jail while felonies can come with up to three years of jail time. Fines may also be assessed.
Election-day Fraud – When there is an exchange of money for votes, aggression or threats for votes, voting multiple times in the same election, voting when you are not lawfully allowed to vote, falsely taking on another person’s identity to vote these acts are considered election-day fraud. These actions will result in California felony charges and the punishment can be jail time up to three years and fines as high as $10,000.

Being arrested and charged with voter fraud violations in California is serious and there are many consequences for such actions. Other illegal acts related to the voting system include:

Trying to intimidate or influence a vote within 100 feet from the polling location
Having a gun at a polling place
Meddling with a voting machine
Fraudulently voting with mail-in ballots

November 13, 2020

Man Arrested for Stalking UC San Diego Student

by David M. Boertje

On Thursday, September 8, a 22-year-old man was arrested in connection with charges of stalking. The man allegedly was stalking a San Carlos woman who is attending UC San Diego. According to the San Mateo County Sheriff’s Office, Jonathan Derasacosta was arrested for stalking the UC San Diego female student. The Sheriff’s offices also said that this was not the first time that Derasacosta was arrested for stalking the same woman. In 2019, Derasacosta was arrested two times on suspicion of stalking this UC San Diego student.

According to reports, the female student built a relationship with Derasacosta before she traveled to Southern California for school. When the COVID-19 crisis took place government officials decided that some people in jail should be released to reduce the risk of contracting the virus. Derasacosta was one of these individuals who was released in early 2020.

The report of Derasacosta’s actions includes that he went to the victim’s home in San Carlos. While she was taking online classes, she saw Derasacosta use a substance that was red in color, and may have potentially been blood, use it to write her name on a wall. The female victim did not know that Derasacosta moved to San Diego when she started college at UC San Diego.

The actions Derasacosta took resulted in an arrest for suspicion of stalking, committing a felony while on bail, and disobeying a court order. The authorities are asking the public for any information that they can supply.

What is Stalking in California?

California’s penal code 646.9 PC says that the crime of stalking includes following, harassing, and threatening other people so much so that the person you are attacking is concerned for their safety. Stalking in California is considered a wobbler charge, which means that it can be either charged as a misdemeanor or a felony. Time served for a conviction of a California stalking charge can mean you will spend as much as five years in jail or prison.

Some examples of legitimate stalking include:

Making excessive calls to another party when they have not asked to be called or have asked you to stop. Also, making threatening statements while on the phone.
Sending unwanted gifts regularly that have threatening notes.
Disputes with neighbors where you are making threatening statements on a daily or weekly basis about the dispute and your dissatisfaction with their actions or inactions.

To combat charges or stalking some strategies include:

Downplaying the threat and showing that it was not believable.
Saying that the plaintiff was making up stories and that the crimes you are being accused of have never happened.
No intent to cause terror or fear in the plaintiff ever existed.
You were engaging in behavior that was protected under the constitution.

November 6, 2020

SDPD Looking for Leads in Mission Bay Park Hit-and-Run That Left Woman Injured

by David M. Boertje

While driving on her scooter, a 36-year old woman was hit by a car on October 3 in Mission Bay Park. The driver reportedly fled the scene after hitting the woman. The incident took place at approximately 1:00 p.m. on Saturday afternoon, when the woman was riding her scooter south on Ingraham Street. As she approached the Sunset Cliffs offramp, the San Diego Police Department says that a car attempted to pass her on the left. In doing so, the car hit her which caused her to lose control of her scooter.

According to Officer Robert Heims, the woman was ultimately ejected from her scooter after the collision. Authorities arrived on the scene and an ambulance was able to transport the woman to a local hospital. She was treated for non-life-threatening injuries and her injuries included a pelvic fracture, one broken tooth, and abrasions all over her body. Investigators were unable to secure any witness to the incident but did say that the driver was in a maroon sedan. Police are asking the public to call the San Diego Crime Stoppers with any information.

What is the Frequency of Hit-and-Run Incidents?

In 2016, the state of California had the most fatal hit-and-run incidents than any other state in the nation. That year, there were 337 hit-and-run accidents. Other states with high reports of hit-and-run crashes in 2016 included Texas at 233 and Florida at 206. Across the nation, there were just a bit over 2,000 deaths from hit-and-run incidents in 2016.

According to the Centers for Disease Control and Prevention, there were 5,977 pedestrians who lost their lives in traffic crashes in 2017. What this means is that in 2017, one pedestrian died in a traffic accident every 88 minutes. In addition to these deaths, 137,000 pedestrians received emergency treatment for their injuries related to traffic crashes in 2017.

Pedestrians are extremely vulnerable to serious injuries and death when they are involved in traffic accidents and are hit by vehicles. The CDC indicates that a pedestrian who is hit is 1.5 times more likely to die from their injuries than a car occupant would be when they are in a crash. When a driver crashes into a piece of property or another person, and they do not stop, provide their identification, and offer assistance when there are injuries as a result of the collision, then this is a hit-and-run accident.

California hit-and-run accidents can be charged as either felonies or misdemeanors, depending on the details of how the accident took place. Misdemeanor charges can either come with up to six months serving time in county jail and up to $1,000 of fines or up to one year in jail and at least $1,000 in fines or up to as high as $10,000 in fines. Felony charges are much more severe with up to four years served in state prison and a fine that is at minimum $1,000, but can also be upward of $10,000. All of these crimes have the potential to also require community service and/or probation after jail or prison sentences have been completed. Continue reading

October 23, 2020

An Argument in the Jamacha-Lomita Neighborhood Leads to a Non-Fatal Shooting

by David M. Boertje

A 63-year-old man was taken to the hospital with non-life-threatening injuries after an altercation in which he was shot. The incident took place in the Jamacha-Lomita neighborhood in San Diego at approximately 4:00 p.m. Police were called to the 7900 block of Gribble Street on Friday afternoon. The police said that the victim was in an active argument with the shooter and the altercation ended with the victim being shot three times.

The police were able to secure the victim and have him safely transported to the local hospital for treatment. The victim is expected to survive his injuries. According to the San Diego Police Department, the incident appears to be gang-related, and the detectives are conducting the investigation. The only identifying information that the police have to offer is that the suspect is a black male who had on a red t-shirt.

The Most Helpful Tips for De-Escalating an Argument

Not every argument ends in gunfire, but when tensions are high, people can be unpredictable. Depending on what the argument is about and the character or temper of the parties involved, the outcome of a verbal disagreement could be violence. To avoid this perilous situation when you are in a heated argument, consider trying the following tips:

Take a moment and step back to inhale deeply. This time of pause will allow you to better calm yourself and reassess the situation and your response. By internally counting to 3, you can figure out why you are having the disagreement and the best way to let the other party know you heard them, even if you do not agree with them.
Use facts and reason when you provide your response, Never allow your emotions to take over just because doing so may feel good at the time. An outburst will not likely do anything to help; it will likely raise the tension.
When you are arguing your side, it is better to make a clear explanation of your position rather than trying to compete to win over another party. You can clearly explain how you feel and why without trying to win, and this approach can lower the intensity of the confrontation.
Not every disagreement has to be an argument. Sometimes people fight over the most insignificant things. Pick your battles and save your energy and time for only those conflicts that really warrant the effort.
Keep an open mind and consider that people do not always think the same way. If, potentially, you can look at the situation from the other party’s point of view, you may not agree but you may have a better understanding of what they are saying.
When no resolution is in sight, it is ok to “agree to disagree,” and then move on.

October 16, 2020

Imperial Beach City Leaders Make Alternative Policing Recommendations

by David M. Boertje

In Imperial Beach, the sheriff’s department has been told to reduce using force on suspects through the recommendations of a task force of Imperial Beach city leaders. In addition to limiting the use of force, the task force has also recommended that agencies outside of the sheriff’s department be utilized when non-emergency calls are made.

After Imperial Beach leaders declared that the city supported and backed Black Lives Matter in June, the task force was put together. One of the stances that the BLM movement takes is to defund the police. Many cities across the country have looked into varying ways that they can restructure their funds and the responsibilities of their police forces in response. The task force, who investigated the San Diego Sheriff’s Department operations as they relate to Imperial Beach, published a report of their findings. In the report, the committee cited data from the sheriff’s department regarding incidents that take place in the city was insufficient.

Heading the task force was Mayor Pro Tempore, Paloma Aguirre, and Councilmember Ed Spriggs. The group worked with the sheriff’s department as well as with the community to collect information. The group concluded that community service officers should be used instead of police in non-emergency situations. They also recommended that deputies in the city should receive additional training on the following topics:

Diversity
Social justice
Unconscious bias

Has the Sheriff’s Department in the City of Imperial Beach Implemented the Recommendations?

Since the report’s completion, no actions were taken. However, members of the team that worked on the report believe that together, the city and the sheriff’s department will be successful in making the changes necessary to improve the quality of law enforcement as well as the safety of the community. While the task force has now been dissolved, the report will be reviewed and its findings considered by the city’s Mayor, Serge Dedina. Mayor Dedina urged the community to have patience as any changes that develop will be done so slowly and with time.

According to data released from the FBI, there were a total of 431 reported crime incidents in the city in 2018. Approximately 79 of these incidents were violent crimes of rape, robbery, and assault. There were no murders reported in the city that year. The rest of the 352 crimes reported that year were all property crimes of burglary, theft, and vehicle theft. Crime in Imperial Beach is lower than the national average by 39% and violent crimes are 25% lower. Imperial Beach is showing a trend of decreasing crime rates. The FBI information shows that the city’s crime decreased by 13% in 2018 and the city is safer than 46% of all other cities across the country. Continue reading

October 9, 2020

Man Arrested for Robbery at Smoke Shop

by David M. Boertje

Mario Chavez, 22, was arrested in connection with the robbery of a smoke shop. According to San Diego Police, Chavez went into the Cherokee Point smoke shop located and used a knife to rob the store. The SDPD got the call about the robbery after 11:30 p.m., and Officer Robert Heims responded to the crime scene.

Chavez reportedly walked into the shop and requested many items from the display. After he made his selections, he took his knife out and approached the clerk. He then demanded a lighter. While Chavez was still in the store and standing at the counter, the clerk alerted authorities. When the SDPD arrived, Chavez was still in the smoke shop and the police arrested him. The SDPD took Chavez to the San Diego Central Jail at approximately 3:40 a.m. where he was booked on suspicion of robbery.

Robbery in California

Under California Penal Code 211 PC, when you are charged with robbery you have taken property that belonged to another party against the other party’s will and by means of force or fear. Robbery is considered a felony in California and convicted individuals could be looking at as much as nine years in state prison.

You will need an effective legal defense strategy to combat your robbery charges. Some of the most common defenses against a robbery charge are:

You were not trying to do anything mischievous by taking the property because you believed you had the right to do so. For example, a friend says they are going to give you an item they no longer need. You agree to accept it and then you go to their home to pick it up but they are not home. You go to take the item, but their roommate is home and tries to stop you from taking it. A struggle over the property ensues, and you use force to pull the object away from the roommate. The roommate does not know that you were told you could have the object, which is why there is a struggle.
You are innocent of the crime because it was not you that committed the crime. You were mistakenly identified as the criminal.
You did not use force or fear to steal property. An example would be if you sat by another party, and when the other party set down their purse, you picked it up without them seeing and walked away. Yes you were near the other party and you stole, but you did not use force or intimidation to do so.
You were falsely accused of stealing property.

September 24, 2020

San Diego Police Search for Suspect Who Strangled a Man at an Emerald Hills Park

by David M. Boertje

A man was strangled at a park in Emerald Hills by another man who was allegedly yelling “I’m going to kill you” to the victim. On July 11, a man who was described as approximately 40 years of age with a thin mustache and goatee, who was about 6’ in height and around 170 pounds. He had a look that could indicate he had jaundice or other condition that caused the whites of his eyes to be yellow in color. The suspect attacked a 23-year-old man at Emerald Hills Park on Bethune Court. The San Diego County Crime Stoppers used the information to release a composite sketch for the community of the suspect. If found, the suspect will be charged with attempted homicide.

The incident took place in the middle of the day at 1:50 p.m. According to the victim, the suspect tried to grab for the victim’s cell phone which was on a table in the park. When the victim witnessed this the two men got into a physical altercation. The suspect revealed a box cutter and began threatening the victim that he was going to kill him. The suspect used the box cutter to stab the victim in his arm, and then he proceeded to strangle the young man. After the San Diego Police arrived on the scene they were able to get the victim medical care. The victim received 18 staples to the laceration on his arm.

The last report of the suspect placed him walking into a canyon near Kelton Road and state Route 94. The SDPD is hopeful that the sketch will result in more leads from the public. The suspect was said to be wearing a bright orange, flat brim hat that had a white “C” on the front, a very large navy sweatshirt with a hood, dark-colored sweatpants, and a gray backpack that had zebra stripes at the time of the attack. The investigation is active and ongoing.

Can Composite Sketches Lead to Arrests?

When a suspect connected to a crime is at large, the police take many actions to locate and find the individual. One of the ways that they look for information is to reach out to the community and see what details and facts they can gather to help them find the suspect. They will also release composite sketches if they have a victim or witnesses that can provide a description. The sketch can help get the public more involved in helping and potentially lead to an identification.

There are many factors that go into how accurate the drawing will be including the recollection of a witness and the skill of the artist. While there may not be firm statistics on how effective composite sketches are at finding suspects, it is known that there are cases where a sketch was pivotal in finding a suspect and making an arrest. Continue reading

September 18, 2020

Laura Rodriguez Found Dead Outside of San Diego

by David M. Boertje

On August 28 at 12:30 a.m., Chula Vista police were called about a body in the street. When they arrived at the scene, 33-year-old Laura Rodriguez was found dead. Her body was located near Shasta and 2nd street, 10 miles south of San Diego. According to Chula Vista Police Department Lt. Dan Peak, Rodriguez was found naked with head trauma. Lt. Peak said that her death was suspicious.

Rodriguez is survived by two daughters aged 12 and 14. A GoFundMe page has been established to raise money for her funeral expenses. The page has accumulated close to $18,000, surpassing its goal of $16,000. According to the GoFundMe page, Rodriguez enjoyed hiking and biking and was a dedicated mother. She was a person who cared about others and was always there to help those in need.

Investigators indicated that they did not find any evidence that Rodriguez was the victim of a hit-and-run accident. Her body was also void of gunshot wounds or stabbing injuries. Officers who arrived at the scene did attempt life-saving measures to save the young woman but to no avail. She was pronounced dead at the scene.

Rodriguez’s brother, Daniel, identified his sister as the victim during an interview with Fox San Diego. He asked anyone with information to please contact the police. A local resident has said that he heard the noise of an engine revving prior to Rodriguez’s body being discovered. A tow truck took a gray Chevy from the crime scene.

San Diego Violent Crime Rate

In 2018, the San Diego general crime rate was 1.3 times lower than the national average. That year, San Diego’s violent crime rate was 211.3 while the national average was 207.3 making it notably higher than much of the country. This is a significant increase from 2017, when the city’s violent crime rate was 8.6 times smaller than the national average’s violent crime rate. San Diego’s crime rate was 70.4% higher than in other cities in the country. For the past five years, the city of San Diego’s violent crime rate has been trending up while property crimes have been decreasing.

Violent crime includes homicide, rape, aggravated assault, and robbery. In just the first half of 2019, San Diego law enforcement reported on average 31 violent crimes every day.

September 4, 2020

Professional Skateboarder Sentenced for Drug Trafficking

by David M. Boertje

The professional skateboarder, Robert Lorifice, was sentenced to five years on supervised release and one year on house arrest after his connection to the federal drug trafficking case. Jude Dana M. Sabraw sentenced Lorifice on August 7. In addition to his sentence, he must pay $2,000 in fines.

In 2019 Lorifice pleaded guilty for his intent to distribute the methamphetamine and heroin he had in his possession. Alongside Lorifice was Elizabeth Landis, who also pleaded guilty to the same charges. Landis was a former girlfriend of the professional skateboarder. The charges came about after a raid took place at Lorifice’s home. Authorities found the drugs as well as over 800 Xanax pills. Lorifice admitted that he and his former girlfriend organized drug deals and that they sold drugs for money.

Lorifice and Landis said that they attempted to get rid of the drugs in the house by flushing them down the toilet and in a sink in the master bedroom. When the authorities entered the home, they found the pair trying to flush the drugs away. Deputies found drugs next to the toilet and in the sink. They also found Xanax pills, heroin, and meth in a closet. There was money and a passport located in a safe that was in another closet. Throughout the bedroom were plastic baggies, various pills, marijuana, mushrooms, packing materials, and a digital scale. Altogether, there were 231.6 grams of heroin, 193 grams of meth, 196 grams of marijuana, as well as over $16,000 taken from the home.

Even Professional Athletes Fall on Hard Times

As a native of Encinitas, Robert Lorifice was interested in skateboarding at a young age. Since he was 6, he would go to the Magdalena Ecke YMCA skatepark and practice his craft. He admired other professional skateboarders like Tony Hawk and Andy MacDonald, who were also local to the area and would skate at the park. By the age of 16, Lorifice was good enough to turn pro. He steadily worked his way up the ranks of professional vert skating. When he was just 22, he won four X Games medals for vert and MegaRamp.

August 28, 2020

Steve Soto Charged with Vandalism and a Hate Crime After Shooting at a Business

by David M. Boertje

A man is facing a plethora of charges after he shot a BB gun at a business in Oceanside. The man was identified as Steve Soto, 23, of Carlsbad. Soto allegedly drove to Bliss Tea & Treats at approximately 7:10 p.m. and fired a BB gun at the business, which resulted in a shattered window. The cost of the damage was estimated at over $1,800.

The business had signage posted that they were owned by black people and that they were in solidarity with the Black Lives Matter movement. Using surveillance footage, San Diego detectives were able to identify the vehicle that Soto was in when he shot at the business. Eventually, that footage helped the authorities arrest Soto.

Soto is facing vandalism and hate crime charges for his actions. Additionally, he also is looking at assault with a deadly weapon for a prior offense in which he used his BB gun to shoot another man. The criminal complaint states that both incidents have also added two misdemeanor counts of discharging a BB gun in a grossly negligent manner to the list.

Soto pleaded not guilty to all of the charges during his arraignment. The owners of Bliss Tea & Treats served him with a protective order requiring him to keep his distance from them, and the victim who was shot in the May incident also received a protective order against Soto. Soto is being held in custody and will be going back to court this month.

After the news came out about the incident, a GoFundMe page was created for the shop. The page successfully raised over $3,000 for the owners of Bliss Tea & Treats to put toward fixing the damage caused by the shooting.

Is a BB Gun Considered a Weapon in California?

In California, PC 245(a) makes it illegal to assault another party using a deadly weapon or any type of tool that is not a gun. The law does identify BB guns as an instrument, not a firearm. This is so because PC 16700 dictates that BB guns are not considered real guns, but rather imitation guns. Despite not being considered a real gun, they are still considered a weapon when they are used to commit an assault on another person. When you intend to cause another person harm by shooting your BB gun, and the BB pellets connect with a victim causing injuries, you could be looking at an assault with a deadly weapon charge in California.