What California Civil Code Section 1219 Means to Your Domestic Violence Case - Discussed by an Experienced San Diego Domestic Violence Lawyer

The level of consequences you may face if charged with domestic violence may be severe and more involved than most individuals understand. Possible repercussions include jail time, completing a batterer’s treatment program and the implementation of protective or restraining orders may occur as a result of the charges you face. A treatment program may last for over one year and a criminal protective order may hinder you from visiting places you normally would or limit your time with friends or loved ones. Unfortunately, some individuals charged with domestic violence are subjected to such limitations and punishments after being unjustly and falsely accused.  A skilled and knowledgeable San Diego Domestic Violence Lawyer can discuss your matter with you, help you understand your options and offer a path to an ideal outcome.

California Domestic Violence Laws and Punishments
Oftentimes a spouse or loved one may call the police, report an incident of domestic violence, and then later wish to retract it. However, once police are called regarding domestic violence, they are required to respond regardless of how the alleged victim now feels or if the accusations were falsely made. Commonly couples get into an argument and alcohol or substances may be involved that amplify emotions and the level of the argument. Out of passion or anger one spouse may wish to combat the other with a call to the police despite a lack of actual violence occurring, or may overstate the physicality that did or did not occur.

Officers responding to alleged domestic violence calls will most likely make an arrest and are able to do so under California Penal Code if certain circumstances are present. California Penal Code section 836(d) states a police officer responding to a domestic violence situation ”…may arrest the suspect without a warrant where both of the following circumstances apply:

1. The peace officer has probable cause to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.
2. The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the assault or battery, whether or not it has in fact been committed.”

This code stands to support alleged victims considering it allows for arrest regardless of whether actual assault or batter has occurred. In conjunction with the fact that alleged domestic violence victims are not required to testify, it is very important to have aggressive defense counsel on your side.

San Diego Domestic Violence Lawyer Offers Trusted Aggressive Defense
The California Penal Code may be working against your favor in a domestic violence case and Attorney Ashby Sorensen has the knowledge and insight it takes to combat the prosecution. He will use his years of experience and vast knowledge of California’s domestic violence laws towards your case’s success. Call (858) 999-6921 now to schedule your free consultation to discuss your best options.

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Do I Have to Testify in a California Domestic Violence Matter? Answered by an Experienced San Diego Domestic Violence Lawyer

Being charged with domestic violence can be a very difficult and stressful time. You may be faced with a plethora of questions surrounding your rights, when you can get out of jail, when you can go home, if you have to testify and so many others. Every state’s domestic violence laws can be different so it is important to understand the legal system and what you may be facing in California. One of the main questions individuals have is whether or not they have to testify in a domestic violence matter. For example, a wife may call the police to claim she was hit or abused by her husband. When the police arrive to arrest the alleged suspect the victim says it didn’t happen, however the alleged suspect
may still go to jail. The supposed victim no longer wishes to testify against her husband, so what will happen with this case in court and what will happen to the suspect?
 
Retracted Domestic Violence Claim 
 If an alleged victim retracts their claim of domestic violence and denies that anything physical or violent occurred, the prosecutor can still move forward with the state’s case against the husband or suspect. This can occur by way of the prosecution issuing a subpoena and forcing the victim to take the stand. Additionally, if the wife’s original statements are assumed to be true she does not have the right to not to testify against her husband. Many scenarios could unfold if the person originally alleging domestic violence retracts their accusations and refuses to testify. The District Attorney may attempt to offer her previous statements and discuss how they are inconsistent. The judge may also hold
that person in contempt of court if they refuse to testify and a good explanation cannot be offered, although this is incredibly rare.  Knowledgeable domestic violence lawyers are aware of ways to protect individuals from having to testify and can secure their legal rights.

Although the process does not necessarily stop if criminal charges are made against someone, then retracted, there are helpful options available. The police and the prosecutors have the majority of control once they are involved at the outset, however a domestic violence lawyer will be able to analyze the matter and provide possible options given the circumstances. Despite someone’s wishes to move forward with the charges or not, the prosecution ultimately makes the decision and your hands may be tied. It is important to know at the outset the severity of making statements, pressing charges and securing proper legal representation to best handle a case that may proceed without your consent.

How a San Diego Domestic Violence Lawyer Can Answer Your Domestic Violence Charges Questions
Emotions and circumstances can fuel situations and we can make unfortunate decisions. If you have found yourself in a domestic violence matter you no longer wish to be apart of or do not wish to testify on behalf of, our firm can help. Attorney Ashby Sorensen has years of experience and vast knowledge of California’s domestic violence laws, which he will use to contribute to your case’s success. Call (858) 999-6921 now to schedule your free consultation to review your best options.

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DUI Defence by San Diego Lawyer

Being arrested and charged with a DUI can be a very serious offense and may result in harsh punishments. There are a variety of factors and circumstances that lead to certain types of DUI charges. The number of DUI offenses you have previously acquired, whether there was injury to the other party, or the level of that person’s injury are all factors that determine what type of DUI classification you could be charged with. It is important to know the different types of DUI charges so you are educated on what constitutes each type, the available defenses that could be applicable in your case, and the scope of possible penalties and sentences you could be facing.

Different Levels of DUI Offenses

Each time a person has been arrested and charged with a DUI, the level of offense increases.  Meaning, for example, if it is your first offense, you will be charged with a 1st Offense DUI, and if it is your third, you will face 3rd Offense DUI charges. However, this only applies if the prior conviction was within 10 years of the new offense that you are charged with. The level of penalty and amount of fine also increases with each offense. Some possible consequences an individual may be faced with are suspension of driving privileges, lofty fines, probation, and jail time. Whether it is your 1st offense, or you have multiple DUI’s on your record, you have options and an experienced San Diego DUI Defense Lawyer can help you achieve the most favorable outcome.

Vehicular Manslaughter DUI and Felony DUI

Regarding Vehicular Manslaughter While Intoxicated, the level of charge classification depends on the level of negligence with which a person acted. If you acted with gross negligence, you will be charged with a felony under Penal Code 191.5(a), which leads to a sentence in state prison of four (4), six (6) or ten (10) years. However, if you acted with ordinary negligence, you will be charged with Penal Code 191.5(b) ordinary vehicular manslaughter while intoxicated. Ordinary Vehicular Manslaughter While Intoxicated under 191.5(b) is what California calls a “wobbler” charge; meaning, it can be classified as either a misdemeanor (up to one (1) year in county jail) or a felony (16 months, two (2) or four (4) years in prison).

Felony DUI with Injury

You may also be charged with a Felony DUI. A Felony DUI occurs if another person suffers injury or death because you (1) drove under the influence, and (2) either committed an additional vehicle code violation or drove in an otherwise negligent manner which caused someone to be injured. In other words, both elements have to be present, and the additional vehicular violation had to have been committed while you were driving under the influence and your driving caused injury to another person.

Contact Qualified San Diego DUI Defense Lawyer – Ashby C. Sorensen Today 

Despite the type of DUI you have been charged with, or whether or not it is your first offense, our law firm is here to help. If you want the best possible outcome for your case, contact a San Diego DUI Defense Lawyer who has the experience you need today. You have legal rights and we are here to protect them. Call (858) 999-6921 now for your free consultation with a qualified DUI Defense Lawyer who will fight vigorously for your rights.

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California Drug Offense Defenses – Reviewed by a San Diego Drug Lawyer

Most people who are arrested for a drug offense in California are unaware that there may be a variety of possible defenses used to drop or lessen their charges. The impact of a drug charge can be heavy in both personal/professional consequence and punishment. If you are facing drug charges and would like an experienced San Diego Drug Lawyer to review your case and your options with you, Attorney Ashby C. Sorensen is here to help. With years of experience assisting clients in dropping or lowering their charges, he understands the system and knows what it takes to be successful. He is incredibly knowledgeable of California’s Drug Laws and consequently the defenses that are applicable in receiving the best possible outcome.

Possession of a Controlled Substance

If you were in possession of cocaine, heroin, crack, ketamine, GHB, ecstasy or some prescription drugs, Health & Safety Code 11350 states that this violation is a misdemeanor. This type of misdemeanor drug charge may be punishable to up to three (1) year in the county jail. However, most people are unaware that they may be eligible for a Proposition 36 or Penal Code 1000 drug diversion. Proposition 36 modifies California’s drug laws as applicable to some repeat offenders, and PC 1000 allows eligible drug offenders to be "diverted" into an outpatient drug counseling program rather than become part of the criminal court system. An experienced and knowledgeable drug lawyer will be able to assess your circumstances and inform you of your options and qualifications in this regard.

Possession for Sale of Narcotics

Although Health & Safety Code 11351 makes it a felony to possess illegal drugs for the purpose of selling them, some offenders may have options regarding their defense. Proposition 36 and PC 1000 do not apply in terms of possession for sale, however many police officers assume certain quantities are intended for sale when in actuality they are in possession for personal use. Cops can sometimes use faulty information when accusing people of HS 11351 and an attorney who knows the law can aggressively fight in your defense. Attorney Sorensen has also punched holes in many prosecutors cases and had evidence suppressed by showing a warrant was unjustified or improperly obtained.

Call San Diego Drug Lawyer Ashby C. Sorensen Today

If you are facing charges for the possession or possession for sale of drugs, you need an attorney by your side that will fight for your defense. You have legal rights and the justice system is not always easy to believe your side. San Diego Drug Lawyer Ashby Sorensen is experienced in drug law, and has fought for many individual’s rights and rigorously works for the best possible outcome of his clients. Call (858) 999-6921 today for a free consultation and learn what your options are, and how you can drop or lessen your drug charges. 

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About Ashby C. Sorensen

Ashby C. Sorensen works hard to achieve the goals of his clients while maintaining their constitutional rights. An energetic, aggressive, and experienced trial attorney, Mr. Ashby C. Sorensen has devoted his career primarily to the defense of criminal matters, but he also maintains a general civil litigation practice.

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Get Rid of Charges With Expert Advice From San Diego Domestic Violence Lawyer

If you have been charged with domestic violence, you could be facing serious penalties and sentencing. Understandably you are probably dealing with a high amount of stress and a variety of emotions. The one thing you cannot afford to do is waste time by standing idol. The district attorney and their team has already begun developing a case regarding the charges they are pursuing against you. You need to fight back with a powerful defense and an experienced attorney by your side who is knowledgeable of how the system works and will fight for your legal rights. Regardless of whether the victim who brought forth the charges has recanted or insisted they no longer wish to press charges, the district attorney’s office will usually proceed with the case. Be sure you have an attorney fighting on your side to ensure those charges are dropped or pursued fairly if they do proceed.

Domestic Violence Lawyer Ashby Sorensen Will Fight for Your Legal Rights

Almost every district attorney’s office in California has a unit specifically assigned to prosecuting cases of domestic violence, and yours is most likely no different. Whether you are at fault for the offense or the domestic violence allegations were made impulsively and falsely, our team of defense attorneys can help ensure you are given the best defense possible. Domestic Violence charges are pursued very seriously in California and you could be facing much greater penalties than an individual facing assault or battery charges. Unfortunately, many false allegations of domestic abuse are made every day and inflated claims are pursued all of the time. The court system is often sympathetic to alleged victims as well.  Accordingly, you need an attorney who will fight for your legal rights and be sure the court knows your side of the story.

You Could Be Facing Serious Penalties

Charges for domestic violence are not taken lightly in California and the court may not be gentle when it comes to punishments. Most importantly, domestic violence charges will go on an individual’s permanent record, surfacing any time a routine background check is made, making it very difficult for someone to get a job, own a firearm, and many other serious consequences. Someone faced with domestic violence charges could be sentenced on a variety of levels depending on the seriousness of the injuries, and if the defendant has a criminal record. Cases can either be a misdemeanor and carry a maximum penalty of 1 year in the county jail, or they can be a felony depending on the seriousness of the case and you could be facing a lengthy sentence in state prison. Most convictions will also require the defendant to complete a 52-week domestic violence rehabilitation class, on top of serving probation and any time in custody

Contact Qualified San Diego Domestic Violence Lawyer Ashby C. Sorensen Today

If you have been charged with domestic violence you need a San Diego Domestic Violence lawyer you can count on to fight for your legal rights. You could be facing serious penalties or sentencing that could affect your permanent criminal record. Call (858) 999-6921 now to schedule your free consultation or speak with attorney Ashby Sorensen today to develop the best defense to drop or decrease your charges today.

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Criminal Defense Strategies Discussed by a San Diego Defense Attorney

The most important part of combating criminal charges is the strength of your defense. The prosecutor’s job is to pursue the state’s charges against you as vigorously as possible to ensure a ruling in their favor. If you and your attorney are not doing the same, your legal rights may not be adequately defended and you may receive punishment you don’t deserve. How an attorney builds a defense for their client is what measures their value and the benefit they can provide you. You don’t want a defense attorney who simply shuffles through cases and takes any plea bargain they are offered. Every case is different, and every defense should be handled differently; therefore, you need an attorney who will represent you adequately throughout the entire process.

Defending Your Side of the Story

A talented defense attorney such as Ashby Sorensen understands exactly how the prosecution is formulating their case, and as such, will proactively prepare to defend yours. The value of an experienced and knowledgeable defense attorney lies in knowing how to best portray your side of the story given the facts at hand. Many juries tend to favor the prosecution’s side of the story, whereas defense attorney Sorensen knows how to show the jury your side, gain their sympathy, and create balance in the scales of justice. A criminal case essentially comes down to who can tell the best story based on the facts and portray the most believable truth.  With this in mind, it is essential to retain an attorney who knows both the law and the system and can defend your legal rights aggressively.

A Counselor, Advisor and Coach

A good defense attorney will represent their client in court; however, a great defense attorney will be a representative, a counselor, an advisor and a coach – all in one. There are many stages to a criminal case and you want an attorney who you trust to be at your side throughout the entire process. The sign of a truly valuable defense attorney is one who assesses your case with you, advises you of your options, coaches you through the process in the most effective way and is a zealous counselor on your behalf in the courtroom when it is most needed. A criminal defense attorney’s job is to act as a safeguard between you and the court system. They are there to privately and confidently listen to anything you have to say and provide you with encouragement that they will aggressively defend your legal rights. Defense Attorney Sorensen has successfully fulfilled this role with many clients and is ready to do the same for you.

Contact an Experienced Defense Attorney in San Diego – Ashby C. Sorensen – Today

If you are facing criminal charges, your attorney and your defense are the only two things working in your favor. It is important to hire a Defense Attorney San Diego who has your best interest in mind and will work for the best outcome to your case. Help us help you protect your legal rights. Call (858) 999-6921 now for your free consultation and to start building your defense today. 

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Types of California Criminal Infractions Discussed by a San Diego Criminal Defense Attorney

If you have been arrested and charged with a crime, it is important to know the varying classifications of criminal offenses, and the possible penalties you could be facing. An experienced criminal defense lawyer, who is knowledgeable in this area of law, will be able to assess your situation and provide the best possible defense. California has certain laws pertaining to criminal matters that can greatly heighten or lessen the amount of penalty or jail time you may face. Without this knowledge, you may be unprepared against the state’s case against you if you decide to represent yourself or choose a less qualified attorney. Don’t take the chance or risk more jail time than necessary - hire a criminal defense attorney who will aggressively defend your rights.

What Constitutes a Felony Criminal Charge?

A felony is the most serious of the criminal charges and can result in the most severe consequences. All defendants are afforded the right to a jury trial and have the right to counsel. Types of felonious crimes can vary from violent crimes, drug crimes, white collar crimes to serious bodily injury. Felonies may result in probation with some jail time, or jail time ranging from more than one (1) year to a life sentence, or even death. Considering the weight of felony charges and the gravity of consequences that may result, it is highly recommended to retain a qualified and experienced criminal defense attorney. Don’t risk more jail time and hire an attorney who knows the system and can help you obtain the best possible outcome.

What Classifies as a Misdemeanor Criminal Charge?

A misdemeanor is the second tier in criminal offense charges and is punishable by up to one (1) year in jail and usually at least 3 years of probation. Punishments for misdemeanors can also include community service, a fine, probation, and various forms of restitution. Defendants charged with misdemeanor crimes are guaranteed the right to a jury trial given the increased severity of the charges.  Some offenses that constitute a misdemeanor may be elevated to a felony if the defendant is a second-time offender.

What Classifies as an Infraction in California?

Infractions, or violations are the prettiest of the criminal offenses and usually result in only monetary fines and no jail time. The most common type of infraction is usually traffic violations. Oftentime's an attorney is not required for typical infractions, however many individuals choose to hire one if they do not wish to attend traffic school or do not want further points on their license.

Contact an Experienced Criminal Defense Attorney in San Diego Today

Facing criminal charges can be an incredibly stressful time in anyone’s life, and our firm understands the urgency in building your defense. Let Criminal Defense Attorney San Diego, Ashby C. Sorensen ease your fears and aggressively fight to defend you and your legal rights. The state has already begun building their case against you. Call (858) 999-6921 now for your free consultation to start building your strongest defense possible.

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The Difference Between Petty Theft and Grand Theft – Answered by a San Diego Theft Lawyer

Many people are unaware of the scale of theft charges and the difference between petty theft and grand theft. These differences can be helpful when discerning which type of theft charge is applicable to the situation you are dealing with, what defenses may be applicable, and what consequences you may be facing. The main distinctions specifically pertain to the amount of property that has been allegedly stolen and the type of penalty associated with the crime. If you are facing charges of theft, it is important you are educated on the type of charge and you have armed yourself with an experienced attorney who will stand by your side and fight avidly for your defense.

What is Petty Theft in California

According to California Penal Code §§484 and 488, the main difference between petty theft and grand theft is that petty theft applies to a lesser amount of stolen property. If the amount of stolen property’s value is less than $950 total, the alleged perpetrator will be charged with petty theft. This charge is generally categorized as a misdemeanor, which is a lesser offense than a felony. Considering petty theft is categorized as a misdemeanor rather than a felony, it also carries less serious penalties than grand theft. For example, if convicted of petty theft a perpetrator could be facing probation, up to six 6 months in county jail, and/or a fine of up to $1,000. The California Penal Code also states that petty theft involves property that was not taken directly from the owner, such as from the person’s clothing, body, or a container held or carried by the person. This type of criteria is usually applicable during a mugging or robbery, which is a different classification of theft.

What is Felony Theft in California

On the greater scale of theft is felony theft as it involves stolen property greater than $950 in total value and could result in greater penalties or punishment. These charges are usually seen as Commercial Burglary, Vehicle Theft, Theft From Person, or Fraud. There are factors that can automatically result in a charge of felony theft as well, regardless of the value of the item(s) stolen. For instance, if the perpetrator used a gun or has stolen a vehicle, they will automatically be charged with a felony rather than petty theft. Most felony theft charges are unique in the sense that it can be prosecuted as either a misdemeanor or a felony. If charged as a misdemeanor, a perpetrator could be facing up to one (1) year in county jail, however if charged as a felony they could be facing probation and jail for up to one (1) year, or  16 months, two (2) years, or three (3) years in state prison.

Contact Experienced San Diego Theft Lawyer – Ashby C. Sorensen Today 

If you have been charged with a theft related crime, you need to act quickly and obtain the legal representation you can trust to safeguard your legal rights. The sooner you can work on your defense and retain an experienced San Diego Theft Lawyer, the more confident you can be when facing your charges. Call (858) 999-6921 now to schedule your free consultation or ask Attorney Ashby Sorensen any questions you may have about your charges.

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The Role of a San Diego Defense Lawyer – Discussed by Ashby Sorensen

A defense lawyer role is to simply defend those who have been accused of crimes. Their job is to protect your legal rights, especially if you are not guilty of the charges you are facing. The only thing standing between you and the legal system, is your defense lawyer; therefore, so much of your life’s quality and freedom lies in their hands. A valuable defense lawyer wears many hats and plays many significant roles when it comes to defending someone accused of a crime. Not only are they a lawyer or counselor, but they are also an advisory and a coach. Their job is to adequately assess all of the circumstances and facts of the matter, advise a defendant of his or her options, counsel them based on their opinions as to the most feasible and best outcome, and coach them through the grueling process of a trial, if necessary.

Protect Against Unwarranted Charges

Oftentimes, defendants may be facing unwarranted criminal charges and on the road to receiving punishments they do not deserve. A defense lawyer’s role is to combat unwarranted charges and effectively investigate as to what actually happened. Whether a police officer made a well-intentioned mistake, or there were outright fabrications in statements or obtaining warrants, a defense lawyer can unearth holes in the prosecution’s story. A defense attorney’s role is to force the prosecution to prove their side of the story is true in order to keep individuals from serving time or penalties they do not deserve.

Reduce “Over” Charges

Many people accused of crimes are faced with “over” charges, meaning the prosecution is seeking much higher penalties than are warranted for the facts of what was allegedly committed. Another role of a defense attorney is to reduce “over” charges and ensure the scales of justice are evenly and fairly balanced. For example, this can happen if the prosecution seeks a felony conviction rather than a more appropriately applicable misdemeanor classification.

Sentencing Statement by Defense Lawyer

After a verdict has been reached, the court will allow both the prosecuting attorney and the defense attorney to make a sentencing statement. The prosecution will most likely proffer statements that will heighten and intensify the aggravating elements of the case in the hopes of receiving the maximum sentence. The defense lawyer’s role is to combat these allegations and respond with defenses/counterarguments to reduce the requested sentence.  These statements are incredibly important to the outcome of your case and the ultimate status of your freedom.

Get Help From an Aggressive Defense Lawyer in San Diego – Ashby C. Sorensen Today

A defense lawyer has many important roles in defending an individual facing criminal charges. Through every step of the process, their job is to stand beside you and vigorously represent your legal rights. Defense Lawyer San Diego Ashby Sorensen has represented numerous clients and achieved ideal outcomes, and he is ready to defend your case too. Have confidence knowing you have a qualified defense lawyer fighting to protect your legal rights and ensuring your freedom. Call (858) 999-6921 now for your free consultation. 

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Experienced Criminal Defense Lawyer in San Diego

During legal troubles, Criminal Defense Lawyer San Diego can be your true friend in resolving felonies. Mr. Ashby C. Sorensen is a leading attorney who zealously defends his clients and has a successful record of dealing with legal cases. Whether you are charged with DUI, fraud or looking for bail hearings, he would escort and defend you in the wide range of legal matters. For him, no case is too tough to handle.

At Criminal Defense Attorney San Diego, we deeply analyze our client's cases and then, recommend a viable solution that always fits your pocket. Mr. Ashby C. Sorensen will personally look after the progress of your legal hearings and are available round the clock for a quick assistance, any time you need.

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Find the Best Criminal Defense Lawyer in San Diego

Criminal defence lawyer in San Diego, California. Ashby C. Sorensen is a criminal lawyer practicing in San Diego.He represents those facing criminal charges or requiring legal advice on criminal law related matters. Having an experienced criminal lawyer on your side is the best defence. It is the only way to help you achieve the best possible results when facing criminal charges.   

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