For many, crimes generally have a specific victim. However, there are some crimes where the “victim” is not a definite person, but the actions of the offenders affect the public or a group of individuals. Such illegal behavior can amount to a public crime and can include offenses like rioting, disturbing a meeting, unlawful assembly, disturbing the peace, and creating or maintaining a public nuisance. A San Diego public crimes lawyer can help.
To be charged with any of these offenses can be a troubling time for many. Therefore, it is important that if you are facing a crime against the public charge that you seek the services of a skilled San Diego public crimes lawyer.
The public nature of the “victim” is one aspect that makes public crimes unique. Another feature of this category of offenses is that they sometimes contradict fundamental constitutional rights. For example, the right to enjoy one’s property is limited by the crime of creating or maintaining a nuisance and the right to free speech is put in check by virtue of the offense of disturbing a meeting.
Offenses, like disturbing the peace or creating a public nuisance, are loosely used by many, without understanding the legal meaning. In many cases, a crime against the public is characterized by a behavior that becomes illegal due to the public element associated with the crime and how that behavior seeks to disrupt or interfere with others.
All of these crimes are misdemeanors under California law and if you are found guilty in a court of law, they carry similar penalties.
The penalties of a crime reflect the seriousness of the charge within the criminal justice system and take into account the circumstances surrounding the offense. Obviously, when someone is charged with a crime, the possibility of going to jail will weigh heavily on the mind. If you are facing any criminal charges, knowing what the potential consequences will be if you plead guilty or are found guilty after a trial is very important in how you proceed.
The public crimes mentioned in this article are misdemeanors and while in some cases their penalties are similar, some are more serious than others. The following are the maximum jail time for each offense:
Not all cases will necessitate the maximum penalty and the court will consider the particular facts of your case and your criminal history to determine the amount of jail time, if any, to be imposed.
A court will not always pursue custodial sentencing. Each crime has a penalty of a misdemeanor fine, which can be imposed as the only punishment or in combination with others. Additionally, a judge can opt for probation over jail time. Having a defense lawyer, who will be able to mitigate on your behalf will be critical in the imposition of sentencing.
The nature of public crimes is that; they are generally riddled with possibilities for being falsely accused. In many instances, emotions are high both from your accusers and society in general. Between navigating the complex criminal systems, understanding the various laws and having to go up against multiple eyewitnesses, proving your innocence can be a difficult task if you are unrepresented.
As an individual charged and facing a public crime, you are considered innocent until proven guilty. It is up to the prosecution to prove that the elements of the crime have been committed. The criminal justice system has at its disposal all the human and investigative resources to prove your guilt. Your best chance of going up against this system is to hire a defense lawyer in San Diego with the years of training and experience handling public crimes cases, who will be able to do the following:
The legal system is not designed to encourage individuals charged with a crime to be unrepresented. There is a reason why every step of the way you are asked if you have an attorney and whether you need one appointed. It is important to always have legal representation whether you are charged with murder or just disturbance of the peace.
At McElfresh Law, we have distinguished ourselves as skilled criminal defense advocates. Our years of training and experience in the area of criminal litigation has equipped us with the necessary resources and in-depth knowledge, critical to researching, investigating, and preparing your case. Our law firm is committed to providing clients with high-quality legal representation for individuals charged with any crime against the public. You can rely on our track record of excellence and when you choose us as your defense lawyer in San Diego, we will diligently work to protect your rights and secure your freedom.
Call us today at (858) 756-7107 for a free and confidential consultation orreach us online.