misdemeanor

August 5, 2022

Will a California Misdemeanor Conviction Prevent You From Owning a Gun?

There are two types of Americans — those who cherish their rights to keep and bear arms, and those that want nothing to do with firearms. After a criminal conviction, your right to own a firearm could be eliminated. According to data from the Giffords Law Center, California has the strictest gun laws in the country. Therefore, a criminal arrest and conviction here may have even harsher implications on your ability to own a firearm.

Regardless of the crime with which you have been charged, the best chance you have at securing the most favorable outcome will be to work with a resourceful and seasoned attorney in your state. In California, residents that are arrested and charged with crimes, from misdemeanor offenses to serious felonies, can count on the legal counsel of the trusted and aggressive San Diego misdemeanor defense attorney David M. Boertje.

How Can a Misdemeanor Conviction in California Affect Your Rights?

A felony conviction in the state of California means you will be unable to be near guns or legally own them, but a misdemeanor conviction is different. Misdemeanor offenses are considered less serious criminal acts than felonies. Then there are wobbler crimes. These crimes are not necessarily a misdemeanor or a felony. A prosecutor has discretion when considering what charges to bring, and they can decide if the details of your case warrant a misdemeanor or felony charge.

A conviction for a misdemeanor may not come with a restriction on your right to bear arms forever, but it could come with a restriction for a limited amount of time. Some convictions that come with a 10-year ban on owning a gun in California include the following:

Assault and battery
Sexual battery
Threatening public officials
Intimidating or threatening witnesses and victims
Discharging a gun in a grossly negligent way
Violation of a domestic protection order
Domestic violence
Unlawfully bringing a weapon into a courtroom
Threatening to cause physical bodily harm to another party

Criminal penalties alone can be hard enough to endure, but when your rights are restricted, this can be an incredible setback and make an already distressful situation even more challenging.

When you face criminal charges, you may be able to defend yourself against them and secure the most favorable outcome of having your case dismissed or your charges dropped. To help you achieve your goals, working with a legal professional who knows the criminal justice system in California and how to get results is critical. Continue reading

July 22, 2022

Reducing Your Criminal Charges From Felony to Misdemeanor

by David M. Boertje

If you have been arrested and charged with a crime, the type of charge you are facing will impact how harsh your punishments will be. Also, the level at which you are charged can have far-reaching implications for your life long after you serve your time and pay your fines. For example, a misdemeanor charge may be considered a lesser crime in the eyes of others, and it will come with milder punishments than a felony. Felony offenses can come with steep fines and hefty jail sentences, not to mention being considered a “felon” can be a black mark on your reputation for the rest of your life.

After being arrested and charged with a crime, your best possibility of securing the most advantageous outcomes is to work with an experienced attorney. When you choose your lawyer, do your research because not all attorneys are the same; just because you can secure one for a lesser expense does not mean you will be getting quality legal counsel. In many cases, including with your legal representation, what you get is what you pay for. When you want a qualified and seasoned attorney with a proven track record of success in California representing your best interests, you can count on the San Diego criminal defense attorney at The Law Offices of David M. Boertje.

Why You Want Your Charges Reduced

It may seem like a small thing to have a California felony charge reduced to a misdemeanor since all criminal charges come with penalties. But, this is not true. There are several reasons why you should do whatever you can to find a way to get your charges reduced if it is not possible to have them dropped. Having an attorney by your side who knows how to do this is essential.

Consider the following implications that can impact the rest of your life even after you serve the time that will come with a felony conviction:

When you apply for a job, your background check will show your criminal record, but if your application asks if you have ever been charged with a felony, you can honestly answer the question with a solid no.
Convicted felons have a much harder time obtaining a bank loan.
A felony conviction may come with probation time after your release from prison. This means you are not completely free, even on the outside. Just one slip up could send you back to prison.
You will lose the ability to legally own a firearm.
Inability to obtain an active professional license.
Building relationships with new people can be challenging because your felony conviction may scare people off from wanting to get to know you.

September 3, 2021

Take Misdemeanor Charges in California Seriously

by David M. Boertje

If you were arrested in San Diego and your crime is considered a misdemeanor, you may think that you do not have to be too concerned about the outcome of your case. Ideally, avoiding jail time and fines is always the desired end result. Even when a crime is just a misdemeanor, it can still have harsh repercussions.

It is critical to connect with an experienced San Diego criminal defense attorney after you are arrested for any crime. Understanding your rights and fighting to overcome your charges is incredibly important. Working with the right legal counsel in San Diego could be the difference between a clean criminal record and your freedom and costly criminal penalties that will have a negative impact on your life over the long term. David M. Boertje is a California criminal defense attorney who can examine your case and help you after your arrest.

The Negative Im[plications of a Misdemeanor Conviction in California

If convicted of a misdemeanor crime, defendants could face:

Community service
Jail time
Probation
Costly fines

It is not just the physical punishments like jail time or fines that will affect your life. If your record is clean, it will not be any longer when a conviction takes place. Any employer, financial institution, or another party that wants to do a background check on you will see your conviction. This could mean that you will have a difficult time moving forward after your conviction. It may be considerably harder to:

Get a loan.
Be accepted into a school.
Find a job.
Keep your current job.
Develop new relationships with others.
Get financial aid.
Have a housing application accepted.

These are just some of the struggles a person that was convicted of a California misdemeanor crime can face. It is certainly true, getting along in life is much easier without a criminal background.

It is possible to fight misdemeanor charges, especially if you have a talented and knowledgeable San Diego misdemeanor attorney on your side. Potentially the evidence against you was obtained illegally and can be thrown out. Another way to gain a favorable result is with a persuasive defense strategy. Some examples include:

You were under duress at the time the crime was committed and could not avoid doing it without sustaining harm.
You were compelled to commit the crime to avoid a much more severe crime from taking place.
You committed a crime because you were acting in self-defense.
You did not understand or intend to commit a crime and instead, the crime was a mistake of fact.
Intoxication was a factor in the crime that was committed.

August 27, 2021

Can You be Granted Diversion for Your Misdemeanor Crime in California?

by David M. Boertje

Being arrested in California for an alleged crime is never a good thing. An arrest can mean serious legal repercussions including jail time and expensive fines. The implications of a criminal record can follow a person around for a very long time, impairing their ability to succeed in life and society.

Depending on the crime that is committed, it can be charged as a misdemeanor or a felony. Misdemeanor crimes tend to be less grievous than felonies and because of this, the penalties that come with them are not as harsh as felonies. Also with misdemeanor crimes, there is often more flexibility with regard to sentencing after a conviction. On January 1, 2021, updated California law gives judges expanded discretion to grant diversion for more individuals convicted of misdemeanor crimes.

How Do New California Sentencing Laws Affect People Convicted of Misdemeanor Crimes?

Before California Assembly bill 3234 was enacted, there were many misdemeanor crimes that did not qualify for diversion programs. Individuals who struggle with drug addiction and mental health issues were typically the only individuals who could be considered for diversion. Now almost all of the misdemeanor crimes with the exception of just a few for stalking, domestic violence, and sex crimes can be considered for diversion by a judge.

This means that if you are charged with any of the following misdemeanors you could be given a diversion by the judge in your case:

Drug crimes
Criminal threats
Elder abuse
Child abuse
DUI
Assault
Vehicular manslaughter
Carrying a concealed gun

If you are lucky enough to be given a diversion, under AB 3234, it is possible to have your case dismissed. If you complete all requirements of your diversion as set forth by the judge, then you could even have your criminal case erased from your record. Avoiding a criminal record will be critical to the outcome of the rest of your life and your potential success.

Even in situations in which the prosecutor objects to a diversion, the judge still has the final say and can grant it regardless of the position of the prosecution. A judge will set the conditions of the diversion program. Depending on the defendant’s circumstances, this could mean:

Attending a substance abuse program.
Engaging in some type of community service.
Taking anger management courses.
A combination of beneficial and rehabilitative programs.

While the enlargement of the diversion program in California is a valuable opportunity for people convicted of certain misdemeanors to overcome their charges and start anew, there are still repercussions that will not change. Restitution to victims must still be paid. If protective orders were issued, they must continue to be followed. Continue reading

December 20, 2019

Porch Pirate Theft Crime in San Diego

by David M. Boertje

Every year during the holidays, tons of San Diegans will be receiving packages of goods that they have ordered online. Meanwhile, porch pirates will be following Amazon, UPS, FedEx and the U.S. Postal Service to steal these goods from the homes of others. San Diego legislators are working to combat porch pirates at the state level. While porch pirating is a low level theft crime under Proposition 47, stealing packages off porches is still a crime.

What is a Porch Pirate?

A porch pirate is someone who takes packages and goods that are left on the doorsteps or porches of homes. Essentially, a porch pirate is a thief.

California Ranks #3 for Porch Pirating

With the growth of online shopping comes a common problem in San Diego, California, and throughout the United States – porch pirating.

A survey as indicated by The Mercury News report, reveals that the Golden State made the top 10 list of states with the highest rates of porch pirating.

The City of San Diego ranks number 9 on the list for the top cities in California with porch pirating issues.

What is Proposition 47?

The enactment of California Proposition 47 reduced the penalties for crimes such as theft of property under $950. This includes porch pirating. The penalties for theft were reduced from a felony to a misdemeanor.

According to an article in the San Diego Union-Tribune, this proposition encourages people to steal because if they are caught, the penalties are slim to none. As a result, there has been an increase of theft in the San Diego area.

Why do People Commit Porch Piracy?

People often steal from the porches of others because of financial woes. They may not be able to afford the goods themselves. Some do it for the rush of stealing and getting away with it. Others may commit porch piracy because of drug abuse and mental illness issues.

How to Prevent Porch Piracy

Below are some tips to prevent porch piracy:

Install door cameras or porch surveillance cameras
Request signature be required for delivery
Deliver to another address such as a UPS store, FedEx Kinkos, or Walgreens
Schedule the package to arrive when you know you will be home for the day

Common Defenses to Porch Pirating

Although porch pirating is a misdemeanor, it is still an offense in the State of California. There are several defenses that may apply if you are charged with this crime. The most common defenses include:

Mistaken identity
False accusation
Insufficient evidence
Believing that the property belonged to the person being accused