- Criminal DefenseIf you are under investigation or have been arrested for committing a sexual offense in San Diego, Carlsbad, or another city in San Diego County, it is important that you contact The Law Offices of David M. Boertje immediately. San Diego Sexual Offenses Attorney Boertje is an experienced criminal defense lawyer who will fight hard to make sure that you receive the best defense possible.
- DUI/DWIThe Law Offices of David M. Boertje regularly represents clients who have been charged with drunk driving in the San Diego area.
- Wrongful DeathWe are experienced in dealing with drunk driving and DUI cases and we handle them with vigor. Aggressive representation is even more critical in DUI accident cases where someone is injured or killed. DUI cases where there is injury or wrongful death are considered felony cases. A person convicted in a felony DUI case may have to serve time in prison.
- Traffic ViolationsVehicular Manslaughter While Intoxicated, Without Gross Negligence: The suspect is accused of driving with a BAC that exceeds the legal limit (.04% or greater for commercial motorists and.08% or more for regular drivers) while committing a traffic violation, and both actions are the alleged causes of the victim's death.
- Sex CrimesDate Rape: A rape crime that occurs between people who are romantically involved or know each other socially.
- FraudInsurance fraud is considered a very serious crime in California, and can result in the imposition of severe legal consequences, such as federal and state level charges, a permanent criminal record, jail time, damage to one’s personal and professional reputations, and harsh monetary fines. There are many types of insurance fraud-related crimes, which can range from padding damage repair estimates to underreporting the number of employees that work for your business. Accordingly, if you are facing insurance fraud charges, or were arrested or are under investigation for this offense, it is crucial to work with an attorney who is qualified to handle these complex types of cases. Having a qualified lawyer who knows the ins and outs of insurance fraud cases and the nuances associated therewith can possibly make the difference between jail time and your freedom. It could also help you protect your livelihood, something that you spent a lifetime to build and maintain.
- RobberyVoluntary Manslaughter: This offense is considered a felony offense in California and involves the intentional killing of another human being that occurs without premeditation, planning, or malice. Voluntary manslaughter can occur during the "heat of passion," a moment of temporary insanity or reasonable provocation (when circumstances could cause any normal person to lose control or act without thinking), or while another felony crime, such as rape or robbery, is being committed.
- BurglaryThe California Penal Code describes the nature of a strike offense. Strike offenses are violent or serious offenses. They can include offenses where the defendant/suspect was never in physical contact with an alleged victim. Residential burglary is one kind of offense that is considered a strike offense. A burglar does not have to have had any physical contact with anyone at the residence that he or she was robbing. You can be charged with a strike crime and not know it.
- White Collar CrimesDefending a white collar crime is different from building a defense for someone charged with a violent crime. The bigger the amount in question, the greater the chances of punishment. The consequences of a white collar crime are very serious and could permanently alter your life. You should hire an aggressive lawyer who knows how to handle white collar crimes and their defenses.
- Theft
- MisdemeanorsA lot of criminal defendants who are convicted get probation with the rest of their sentence. Anyone convicted of a felony or a misdemeanor case will either have to serve formal probation (under a probation officer's supervision) or summary probation (unsupervised probation) for one to five years. Probation can come with many conditions and terms that must be explicitly obeyed.
- EmbezzlementCalifornia Penal Code § 548(a) – This provides that “[e]very person who willfully injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by theft, or embezzlement, or any casualty with intent to defraud or prejudice the insurer, whether the property is the property or in the possession of that person or any other person, is punishable by imprisonment... for two, three, or five years and by a fine not exceeding fifty thousand dollars ($50,000).”
- Drug CrimesThe kinds of drug charges facing our clients are usually the ones involving illegal drugs, including narcotics, crack cocaine, heroin, cocaine, marijuana, methamphetamines, prescriptions drugs such as OxyContin and Vicodin, and Ecstasy. There are many kinds of drug offenses. A person can be charged with selling drugs, growing drugs, simple drug possession, drug trafficking, or manufacturing a controlled substance.
- AssaultAlthough assault and battery are charges that are frequently made together, assault is considered a separate crime from battery. Battery is the unwelcome touching of a person or anything related to that person; the touching is done on purpose and without consent of the affected person. The contact is violent and/or forceful and considered offensive.
- MurderSecond degree murder is punishable by a minimum of 15 years to life. Second degree murder is similar to first degree murder although it is not necessary that premeditation is proven by the prosecution, such as in a sudden fight or in the heat of passion. Additionally, if someone commits a felony that is inherently dangerous to human life, and someone dies during the commission of the felony, that person can be charged with second degree murder. For example, if a person furnishes a dangerous drug such as heroin to someone else, and that person overdoses and dies, the person who furnished the heroin can be charged and convicted of second degree murder, punishable by a minimum of 15 years to life. This means the person could spend the rest of their life in prison, and would not be eligible for parole until at least 15 years.
- Probation ViolationThe best defense attorney will get rid of or reduce any potential consequences that come with your probation violation. The Law Office of David M. Boertje knows how to successfully represent clients that have probation violations. Speak Directly to an Attorney by Contacting Our Law Offices
- Identity TheftTheft crimes include grand theft, petty theft, residential burglary, commercial burglary, identity theft, petty theft without priors, fraud, and embezzlement. To prove theft, a prosecutor needs to establish the defendant's specific intent to take or withhold the owner's right to the property. Thefts may be charged as either misdemeanors or felonies. Generally, there is grand theft if the property was worth more than $950, or it was a gun or an automobile. Grand theft is a wobbler. That means that the prosecutor makes a determination about whether to charge a misdemeanor or felony based on factors such as past convictions, the value of the property, and the severity of the crime being alleged. Grand theft can be punished with one year in county jail, but if it is charged as a felony, you can face six months to three years in prison.
- HomicideIf you or a loved one is being charged with murder, also known as homicide, it is essential to retain a murder and homicide defense attorney as soon as possible. First degree murder is an unlawful killing of a human being with malice aforethought. Penalties in California for first degree murder range from 25 years to life, life imprisonment without the possibility of parole, and even the death penalty.
- ArsonArson is considered a very serious felony crime in California, and can result in life-altering legal consequences, such as a permanent criminal record, jail time, and harsh monetary fines. There are many types of arson-related crimes, which can include everything from setting fire to one’s own property with fraudulent intent, to maliciously setting fire to another’s home or commercial property. As such, if you are facing arson charges, or were arrested or are under investigation for this offense, it is crucial to work with an attorney who is qualified to handle these complex types of cases. Having a qualified lawyer who knows the ins and outs of arson cases and the nuances associated therewith can possibly make the difference between jail time and your freedom.
- ShopliftingAs noted above, shoplifting charges are serious. However, there may be several defenses that apply in your case. The most common defenses to shoplifting charges in California are as follows...
- Forgery
- Money LaunderingLegal and regulatory compliance data as required for purposes such as know your client, anti-money laundering, and market abuse regulations requirements, or as part of our client onboarding process, which may include passport or other identification data, date of birth, home address, and other due diligence data.
- Kidnapping
- ManslaughterIf you have been arrested or charged with manslaughter in San Diego, Carlsbad, or another city in San Diego County, contact the Law Offices of David M. Boertje today. San Diego Manslaughter Attorney Boertje can protect your legal rights and provide you with the defense that you need to secure the best outcome possible for your criminal case. Manslaughter Offenses in California
- Internet Crimes
- ProstitutionKeep in mind that anything you say and do can be used against you by investigators and the prosecution. That is why it is critical for you to assert your right to remain silent and to have a lawyer present before questioning by investigators can resume. Since there may be strong defenses to raise on your behalf, avoiding incriminating statements or behavior can more favorably affect the outcome of your case. Also, the prosecution has ample resources to build a strong case against you, which is why you should take action now and fight back with a qualified prostitution defense lawyer by your side
- Hit and RunIn the event that you are facing hit and run charges, or you were arrested or are under investigation for this offense, do not discuss your case with anyone (
- Corporate LawRecruitment – Personal information about job applicants is collected and processed for purposes of screening, identifying, and evaluating candidates for positions; record-keeping related to hiring processes; analyzing the hiring process and outcomes; and conducting background checks, where and to the extent permitted by applicable law, which may also be subject to relevant local recruitment privacy policy. If you are hired by the Firm, this data will be transferred to our employee record files for the purpose of your employment. This is necessary in order to take steps at the request of the job applicant in the context of recruitment prior to entering into a contract. In addition, job applicant data and legal and regulatory compliance data may be used as necessary to comply with legal, regulatory, and corporate governance requirements. Information Sharing
- Property DamageLack of knowledge of an accident, injury and/or property damage Plenty of people find themselves being charged with a hit and run accident without even knowing they were involved in one. This can easily happen if you are driving an SUV and bump into a smaller vehicle, such as a Smart Car or other small type of vehicle. Moreover, if the other driver and/or his passengers indicate that they are not injured at the scene of the accident, you could raise the defense that you had no knowledge of injuries warranting involvement by emergency personnel.
- Personal InjuryDavid M. Boertje, Esq., handles criminal cases, personal injury cases, wrongful death cases, consumer and employment class action cases, insurance coverage and insurance bad faith actions including business interruption insurance claim and denial cases. David Boertje has also been class counsel in multiple class action cases that have resulted in many successful settlements, some even 8 figures, including one that settled for $16.5 million and another for $11 million.
- Auto Accidents