- Divorce
- Child Custody and VisitationIf you have been arrested and charged with domestic violence, you should immediately retain the services of a qualified defense attorney. While many claims of domestic violence are valid, others are exaggerated, baseless, or simply filed out of spite. They are often the result of disputes over relationship breakups, divorces, and child custody battles. Unfortunately, to file domestic violence charges requires little evidence and cases can get pushed through court even if the accuser wishes to drop the charges.
- Child AbuseDomestic violence consists of any threatened or actual physical harm inflicted on an intimate partner, child, parent, or other family member. Those who may claim such crimes may be a spouse, ex-spouse, dating partner, former dating partner, person you live with, or the parent of your child whether you are married or not. Crimes related to domestic violence may involve assault, battery, stalking, threats, coerced or forced sexual contact, elder abuse, and child abuse.
- Criminal DefenseThe Law Office of Scott M. Schlegel, APLC specializes in all matters of criminal defense on both state and federal level.
- DUI/DWIDUI sobriety checkpoints are not unusual here in San Diego County. It is a common tool frequently used by law enforcement to identify and arrest drunk drivers. Although sobriety checkpoints are legal in California, they are 8 specific factors that must met in to overcome constitutional challenges under both the United States Constitution and the California Constitution. The California Supreme Court set forth 8 procedural safe-guards required for a DUI sobriety checkpoint to comply with Constitution...
- Traffic ViolationsAt the Law Offices of Scott M. Schlegel, APLC you will find experienced and aggressive legal representation for all types of state and federal criminal cases ranging from serious felonies to traffic tickets and other infractions. Our firm is devoted 100 percent to criminal defense, which gives us a very strong command of this legal field. If you or someone you know has been arrested and charged with an offense in the greater San Diego area, we urge you to contact the firm for a free, initial consultation about the specifics of your case. Refrain from making any statements to law enforcement about your case until you have the legal protection of an attorney.
- Sex CrimesSex crimes often garner media attention, which can negatively impact those accused before they are even tried. If convicted, many sex crimes will result in mandatory sex offender registration which will limit where you can live and negatively impact your future as far as employment or career opportunities. Failure to register when required will result in additional criminal charges. Many sex crimes are charged as felonies, punishable by up to 3, 6, or 8 years in prison or life in prison. Additional penalties include heavy fines, court-ordered counseling, and probation. How a sex crime is charged will depend on the nature of the crime and the circumstances involved.
- FraudVarious types of fraud exist, including mail fraud, bank fraud, wire fraud, insurance fraud, health care fraud, welfare fraud, credit card fraud, real estate and mortgage fraud, bankruptcy fraud, check fraud, securities fraud, identity theft, forgery, and investment fraud. All of the crimes involve the receipt of benefits, funds, assets, or services to which one is not entitled. They are generally charged as felonies; in serious cases, they may be investigated by the FBI or other federal law enforcement agencies and prosecuted in federal court. How and if you are charged with a fraud crime will depend on the number of victims involved, how much in assets was taken, and your ability to provide restitution. A conviction of such crimes may lead to prison terms, heavy fines, probation, and court-ordered restitution to victims. They require serious legal representation to protect your rights and to give you the best possible chance at the most favorable case result. A fraud conviction will give you a permanent criminal record; as a convicted felon, your future will be limited as to employment, educational, and professional licensing opportunities.
- RobberyLaws concerning guns and other deadly weapons are very strict in California. These laws govern what type of weapons may be owned, who is allowed ownership, and the manner in which weapons may be carried. Those who use weapons in the commission of other crimes, such as robbery, will face additional sentencing for these offenses if convicted.
- BurglaryStealing another’s property, assets, or services without permission can result in theft charges, ranging from minor shoplifting to felony thefts such as grand theft, burglary, and robbery. A theft crime conviction will give you a criminal record which may make future opportunities difficult, such as employment, career advances, professional state licenses, and more.
- White Collar CrimesFraud is a white collar crime which is generally a nonviolent theft offense in which misrepresentation and deceit are used to deprive others of assets, funds, property, or services for one’s own personal gain. Such crimes are dubbed “white collar” because they are generally committed by business professionals, entrepreneurs, or public officials. These are often persons with a specialized knowledge of an area, such as accountants who use their status or office to achieve their ends. Fraud can be committed by anyone, however, and may be charged as a state or federal crime, depending on the scope of the activity involved.
- Theft
- MisdemeanorsCalifornia law requires those who purchase and own firearms to be licensed. It also prohibits anyone from carrying a concealed weapon on their person or in their vehicle unless it is in the trunk or a locked compartment other than the glove box. A simple violation of this law is charged as a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. Carrying a concealed weapon refers to handguns, pistols, revolvers, shotguns, rifles, BB guns, and pellet guns. Circumstances which may elevate this crime to a felony include stolen firearms or the accused being known as active in gang activity or who has a previous criminal history. Those who may not purchase or own a firearm include the mentally ill, those addicted to drugs, and those convicted of felonies or certain misdemeanors.
- EmbezzlementA theft crime may be charged as either a misdemeanor or felony depending on the value of the goods or services stolen and other facts relevant to the case. These crimes include minor shoplifting offenses, grand theft, burglary, robbery, grand theft auto, embezzlement, identity theft, receiving or dealing in stolen property, and more. Where a gun or other deadly weapon has been used in the commission of a theft crime, it becomes a more serious offense which is charged as a felony.
- Drug CrimesPenalties for federal crimes vary according to the facts of the case, the charges involved, and previous criminal history, if any. In the case of drug crime convictions, such as drug trafficking, federal sentencing guidelines can result in harsh mandatory minimum sentences. Furthermore, you will face the future with a permanent criminal record which can severely limit future employment and career opportunities.
- AssaultAssault and battery are actually separate criminal charges, though they may be charged simultaneously. Assault involves threatening to harm someone with the apparent ability to carry out the action which puts another in fear of serious injury or death. Assault may be simple assault or assault with a deadly weapon which is charged as a felony. Battery is the offense of actually carrying out physical harm by attacking another with force or violence. Battery may consist of simple battery or aggravated battery, wherein you cause serious bodily injury, which is also charged as a felony.
- MurderMurder involves the unlawful killing of another with malice aforethought and is categorized as first or second-degree. Such a crime may be premeditated or may result as part of the commission of another crime. Manslaughter also results in another’s death though without premeditation. Three types of manslaughter exist, which are voluntary, involuntary, and vehicular. Voluntary manslaughter is generally defined as occurring in the heat of passion while involuntary manslaughter occurs during the commission of a crime that is not a felony or through carelessness. Vehicular manslaughter involves killing another with one’s vehicle, as in a traffic accident.
- Juvenile CrimesIf you have a child who has been charged with a juvenile crime, you will want to keep your son or daughter’s case confined to the juvenile justice system. You will also want your child to have the best and most effective defense possible. Working with a defense lawyer who is experienced in handling juvenile cases is important. You will undoubtedly have questions and concerns about your child’s case, how it will be handled, and how it may affect your child’s future. At the Law Offices of Scott M. Schlegel, APLC, our skilled and seasoned attorney can provide the legal advice, guidance, and representation you need. Our firm only practices criminal defense which gives us the knowledge and practical experience required to be extremely effective. Contact the firm to speak with an attorney about your juvenile case; at such a stressful juncture, skilled legal protection is crucial.
- Identity Theft
- ArsonJuvenile crimes involve any violation of the law committed by minors below the age of 18. These offenses may be violations against laws relating strictly to minors, just as those involving curfews, truancy, or obtaining alcohol illegally. Such crimes are classified as status offenses. Juvenile crimes may also be more serious offenses which would be illegal regardless of age, such as those involving theft, drug possession or sales, weapons, arson, sexual misconduct, and more. These are classified as delinquency crimes. Most juvenile crimes are handled in juvenile court, which is a separate and different court system than adult court. Juveniles aged 14 or older who commit serious or violent crimes, however, may be tried as adults by the state; these individuals would face the same penalties that an adult would under similar circumstances making skilled legal representation imperative.
- ShopliftingMisdemeanors are offenses which are less serious than felonies, punishable by up to one year in a county jail, fines, probation, community service, and other court orders pertinent to the offense such as the loss of one’s driver’s license or drug counseling or treatment,. An example of a misdemeanor is a first-time drunk driving charge. Other misdemeanors include drunk and disorderly, shoplifting, trespassing, simple possession of certain amounts of marijuana, simple assault, aiding and abetting, and similar offenses.
- Restraining OrderIf you are convicted of a domestic violence crime, you may face imprisonment, heavy fines, mandatory community service, anger management classes or counseling, loss of child custody or visitation rights, or be subject to a restraining order. You will also have a permanent criminal record which will carry forward into the future, which may limit job or educational opportunities.
- Forgery
- KidnappingMany criminal offenses fall under the classification of federal crimes; more than 100 different types of crimes exist under federal law. Such crimes may also be those committed on federal property. These crimes can range from illegal drug trafficking to computer and internet crimes, antitrust violations, bank fraud, corporate crimes, conspiracy, child pornography, federal health care or benefits crime, tax evasion, kidnapping, counterfeiting, investment scams, terrorist activities, and more. Federal crimes may be investigated and prosecuted by such law enforcement agencies as the FBI, Drug Enforcement Administration (DEA), the IRS, Secret Service, Postal Inspector, Homeland Security, or the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). These agencies may engage in lengthy and persistent investigations followed by tough prosecutions fully backed by the federal government. If you are subject to such a federal investigation or federal charges, you will need an attorney licensed to practice in federal court and who is experienced in handling such cases.
- ManslaughterManslaughter may result in 16 months up to 11 years in prison. It often involves excessive emotional factors which can cloud the legal issues. To avoid a lengthy prison sentence, your attorney may need to perform a quantity of work to uncover all of the facts and to present your side of the story to the court.
- Internet Crimes
- ProstitutionRape and other sex crimes, such as lewd acts, indecent exposure, prostitution or solicitation of prostitution, sexual assault, child molestation, and the possession or distribution of child pornography are among the most disdained by the public and prosecutors. The mere accusation of such a crime can ruin careers and personal relationships. Getting experienced legal representation is crucial.
- Antitrust
- Citizenship and Naturalization
- Green Cards
- Personal Injury
- Bankruptcy