Encinitas Criminal Defense Lawyer DUI Attorney

Respected Encinitas Criminal Law Firm Helping Get Your Expungement, Weapons Crimes, Assault, Warrants, Sex Crimes, Rape, Domestic Violence, Restraining Order, Petty Theft Crimes, Shoplifting, Vandalism, Drug Offense Charges Dropped.

DUI offenses in Encinitas could be charged and punished depending on the frequency of offense. Although DUI offenses are deemed as misdemeanors, repeated offenses would impose heavier fines and punishments that include longer jail time and license suspension or revocation.

California Vehicle Code 23103 deems reckless driving under the influence of alcohol to be a serious charge especially with a prior DUI record. Heavier penalties would be imposed particularly if repeated offenses occur within a 10-year period.

Heavy Punishments on Domestic Violence

The California Penal Code 243(e)(1) PC referring to domestic violence includes battery committed to:

• Spouse
• Co-habitant
• Former spouse
• Fiancé or fiancée
• Dates

Penalties upon a court conviction include:

• Fine of less than $2,000
• Jail term not exceeding 1 year
• Both fine and jail term
• Probation

There may be a mandatory attendance in a counseling or treatment program as per Section 1203.097 as designated by the court.

Overcoming Theft Crimes Charges

Common theft crimes happening in Encinitas include:

• Petty theft
• Grand theft
• Firearm grand theft
• Grand theft auto
• Burglary
• Embezzlement
• Robbery
• Stolen property
• Carjacking

Penal Code 484 and 488 convict petty theft offenders for stealing property of value less than $950 with a misdemeanor charge although a second or repeated offense could be deemed a felony charge as per Penal Code 666 (Petty Theft with a Prior).

Illegal Drug Possessions and Drug Crimes Charges

Health & Safety Code 11364 specifies the illegal possession of paraphernalia drugs that would lead to a misdemeanor offense. This drug crime law covers the possession of:

• Opium pipe
• Contrivance
• Instrument
• Paraphernalia
• Hypodermic needles
• Pipes
• Bongs
• Cocaine spoons

as these objects are normally used in the unlawful injection of controlled substances.

A violation of this code that leads to a court conviction would bring about a 6-month jail term.

Sex Crime Against a Minor

The Health & Safety Code 11364 PC is designed to convict sex crime offenders who manipulate an underage individual by touching the body for sexual gratification. This offense is classified as “lewd acts on a minor below 14 years” where the child was touched or fondled or molested in some manner whether on the bare skin or clothes where the sexual organs are.

Penalties arising from a Penal Code 288 include:

• State prison of maximum 8 years (10 years for force applied)
• 16 years imprisonment for repeated incidents within 3 months

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