First Degree Murder – CASE DISMISSED

Client was charged with first degree murder. He, along with 2 co-defendants, was accused of killing the victim while at a house party. Specifically, the prosecution alleged that the defendants were involved in a fight with the victim. During the fight, the defendants allegedly kicked and stomped the victim to death. Upon extensive negotiation with … Read more

First Degree Murder- VOLUNTARY MANSLAUGHTER.

Client was charged with first degree murder after she was arrested for stabbing the father of her child during an altercation involving his alleged infidelity. Client served our country as a member of the military for nearly ten years. This was another high-profile case that garnered widespread media attention. Client was facing 25 years to … Read more

Hit and Run involving Death

Client was charged with hit and run involving the death of another. Client, a college student, was driving down a windy road in Del Mar when he struck a man who was riding his bicycle in the middle of the night. This was a case which garnered extensive media attention. The government alleged that Client … Read more

Felony Assault – CASE DISMISSED

Client was charged with felony assault with a deadly weapon, domestic violence offenses, and making criminal threats, which is a strike. Client was a licensed attorney; any conviction could affect his future ability to practice law. After defense investigation, I met with the deputy district attorney to discuss the case. After extensive discussions, the prosecution agreed to … Read more

Possession of Controlled Substances – CASE DISMISSED

Client was arrested for possession of controlled substances and being under the influence of a controlled substance. After providing consent to search the vehicle, officers found methamphetamine, heroin, and numerous prescription pills. Officers also located foil paper with residue indicating recent use of the controlled substances. After extensive negotiation with the prosecution, Client did NOT … Read more

Possession of Controlled Substances – CASE DISMISSED

Client was talking to his girlfriend in his vehicle, which was parked legally on the street. A police officer approached him and blocked his vehicle from leaving. The police officer asked him what he was doing and asked Client if he had anything illegal in his car. Officer proceeded to search Client’s person and vehicle. … Read more

Possession of Controlled Substances for Sale – NO JAIL TIME

Client was charged with possession of cocaine and methamphetamine for purposes of sale. The prosecution alleged that Client sold cocaine and methamphetamine to another while at a local nightclub. Client had a previous arrest for possession of controlled substances for sale. After in-depth defense investigation and negotiations, Prosecution agreed to NO jail time for client. … Read more

Possession of Drugs for Sales – NO JAIL TIME

Client was charged with possession of drugs for sales. Prosecution alleged that he was in possession of nearly 20 grams of controlled substances and that he possessed it for purposes of sale. Client served no jail time; instead, he was ordered to complete days of public work service.

Drug Possession while armed with a Firearm- PROBATION

Client was charged with multiple counts of drug possession while armed with a firearm and theft related offenses. Prosecution was adamant that my client deserved a significant amount of time in prison. After advising my client to attend residential rehabilitation among other efforts to show that she was trying to improve her life, I was able to … Read more

Multiple Robberies and Gang Enhancements – NOT GUILTY

Client was charged with multiple robberies and gang enhancements. There were 2 alleged victims in the case. The defense with respect to one of the victims is that my client was wrongfully accused based upon cross-racial mistaken identification. Upon zealous cross-examination and after the case was presented to the jury, the jury voted NOT GUILTY … Read more

Robbery – HUNG JURY; EVENTUALLY ACQUITTED

Client was accused of committing a robbery at a check cashing business. The prosecution alleged that Client had robbed a woman who was opening the check cashing business in the morning. There were a number of witnesses who allegedly observed the incident. Prosecution was unable to prove their case beyond a reasonable doubt and the … Read more

Robbery with Gang Enhancements Probation Violation – PROBATION WITH NO JAIL TIME

Client was charged with battery while on felony probation for multiple robberies with gang enhancements. Once the probation violation was alleged, the gang deputy district attorney wanted the client to serve approximately 20 years in prison. After significant and time-consuming negotiations with the deputy district attorney and gang detective, I convinced the prosecutor to agree to no jail … Read more

Multiple counts of RAPE and sodomy of an intoxicated and unconscious victim – HUNG JURY. No Jail Time. No Lifetime Sex Offender Registration

Client was charged with multiple counts of rape and sodomy of an intoxicated and unconscious victim. Client was a college student who allegedly committed these acts at a house party near a local college campus. The prosecution maintained that the complaining witness was drugged while at the party and that Client forced himself upon her … Read more

Arranging A Meeting with Minor for Lewd Purposes – PROBATION, NO JAIL.

Client, a teacher and coach, was charged with several sex crimes involving an inappropriate relationship with a student. Client was charged with arranging a meeting with a minor for lewd purposes, among other offenses. After lengthy negotiations with the prosecution, Client was sentenced to no incarceration in jail and a grant of probation.

Lewd or Lascivious Acts with A Minor – PROBATION

Client was charged with committing numerous lewd or lascivious acts with a minor. Client met the victim online and they began a relationship. Once the minor’s mother discovered the extent of the relationship, authorities were notified and Client was criminally charged. These types of cases rarely settle for anything less than prison. Although Client was … Read more

TEACHER SEX TRIAL

Client was a former female fifth-grade school teacher who was charged with 14 counts of lewd and lascivious acts on a minor and 3 counts of statutory rape. The prosecution alleged that my client had engaged in child molestation concerning two of her former male students. If convicted, my client was looking at more than … Read more

Lewd or Lascivious Acts on a Minor- Probation, NO JAIL TIME.

Client was charged with several counts of lewd or lascivious acts on a minor who was under 14 years of age at the time of the alleged incident. The prosecution argued that Client, a sports coach, groomed the victim and initiated an inappropriate relationship with his student. These types of serious charges and allegations very … Read more

Temporary Restraining Order- CASE DISMISSED

Client hired me to defend against a temporary restraining order. The petitioner (the person who filed the temporary restraining order against client) alleged that my client had forcefully raped her on numerous occasions. After I cross-examined the petitioner, in addition to presenting defense witnesses, the court did not believe that the petitioner had met their burden of … Read more

Felony POSSESSION of COUNTERFEIT MONEY – NOT GUILTY

Client was charged with possession of counterfeit money. Client was at risk of losing his taxi cab license if he were to be convicted of a felony. Client was apprehended by law enforcement because he happened to be standing next to a vehicle which was getting pulled over for a traffic violation. Upon police contact, … Read more

San Diego DUI Trial Attorney

Once the jury has been selected (we will make sure that a favorable jury is chosen — this is very important), opening statements are made and the trial commences. Throughout the proceedings, an experienced DUI defense attorney will make appropriate objections at timely moments to raise doubt and weaken the prosecution’s case.

Since the burden of proof rests with the prosecution, the prosecutor is allowed to make an opening statement and call witnesses first. Typically, the prosecution will first call the arresting officer to testify. Once the prosecution is finished, the defense attorney is allowed to cross–examine the witness.

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San Diego DMV DUI Penalties

California has a different set of punishments for the same offense. A first conviction may include probation and a license suspension for as little as 30 days. If you refuse a blood alcohol test, you may be punished more than if you had taken and failed the test. In some cases, the punishment is twice that of a DUI conviction. For a second and third offense, the number of days the suspension is in effect increases. Your license may be revoked. If a fatality results from an accident in which the driver at fault is found to be legally intoxicated, then the driver may be charged with a felony requiring mandatory jail time.

A DUI conviction is often accompanied by many hidden costs, monetary and otherwise. According to the Automobile Club of Southern California, the total cost of a first offense DUI conviction is over $12,000, but there are also serious personal and professional repercussions if convicted such as jail time, probation, loss of driver’s license, and more.

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San Diego DMV Hearing Request

When a person is arrested on DUI charges, the DMV will impose its own penalties separate from those the courts impose. These penalties (license restrictions or suspensions) are mandatory, and court proceedings will have no bearing on what the DMV chooses to do regarding your driving privileges until a verdict is reached. The DMV will make its own choices based on the evidence you present. A skilled DUI attorney will be able to help you successfully defend yourself and maximize your chances of retaining your driving privileges until your case is over, in addition to helping ensure that your criminal court proceedings have the best possible outcome.

DMV Hearing

At the DMV hearing, a hearing officer will render a judgment based on all the evidence presented. Many issues are discussed at the DMV hearing, including:

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San Diego DUI Arraignment Attorney

The first court appearance a defendant will have to make for a DUI is usually the arraignment. At this point, the defendant’s case will not even be discussed.

At the arraignment, several things will happen: 

 

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San Diego DUI Defense Attorney

There are a number of factors that must be considered if you are charged with a DUI. The conduct of the arresting officer, the legality of your arrest, field sobriety tests, proper functioning test equipment, and correct handling of your evidence are just a few of the issues that can be raised during legal proceedings by your criminal defense lawyer.

In many situations, it is possible that several of these factors could work in your favor and result in the dismissal of your case.

 

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San Diego DUI Rights

It’s important to know your rights should you be pulled over for suspicion of Driving Under the Influence (DUI) in San Diego County.

Here are some key points to be aware of during a traffic stop:

 
 

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Pimping and Pandering

California Penal Codes (PC) 266h and PC 266i, pimping and pandering, are very serious charges that carry extensive consequences. They are closely related to prostitution under PC 647(b).  However, the penalties for pimping and pandering are more severe. Pimping and pandering are often charged together because they are so closely related. However, they are two distinct crimes that require some delving into in order to help differentiate them. 

What is the difference between Pimping PC 266h and Pandering PC 266i? 

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Solicitation of Prostitution, PC 647(b)

California law defines the act of prostitution as offering or agreeing to lewd and/or sexual acts with someone in exchange for monetary compensation or other considerations. These other considerations can mean other goods and services such as exchanging sex for heroin or other illicit drugs. 

Cases of prostitution and related charges are often aggressively pursued because of pressure from the political and social atmosphere. Due to this pressure, local law enforcement agencies tend to invest significant resources in creating vice squads. So, if you are facing possible charges under PC 647(b), prostitution or related charges, finding a top notch criminal defense lawyer is highly recommended to protect your rights.

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California’s Assault With A Deadly Weapon Laws

Facing charges of assault with a deadly weapon can lead to the worst possible outcome if you do not retain the right criminal defense attorney.

Are you facing either a misdemeanor or felony counts for California Penal Code 245(a)(1): assault with a deadly weapon and are located in the greater San Diego area, Los Angeles, or Orange County? If that is the case, then finding a San Diego criminal defense lawyer is imperative when trying to keep control of your rights and your freedom.

How Does California law define assault with a deadly weapon?

Under California Penal Code 245(a)(1), assault with a deadly weapon also referred to as AWD, is when an assault is committed towards another person with either a deadly weapon, or another instrument that is not a firearm, or with a force that is likely to result in great bodily injury.

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Elder Abuse

What is Elder Abuse?

Elder abuse is also referred to as senior abuse and California’s elderly abuse law is defined under Penal Code 368. It prohibits abusive behaviors directed at an individual(s) sixty-five years old or older. The following actions and behaviors illustrate what elderly abuse is:

Inflicting physical abuse; causing an elderly person unjustifiable physical pain or injury,

Inflicting emotional abuse; causing mental suffering to a senior through unjustifiably isolating or ridiculing them,

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San Diego Murder Attorney

Facing charges of attempted murder is very serious and in the state of California, the penalties can include life in prison. Since it is considered such a serious crime that comes with life-changing consequences, it is highly-recommended that you find the best criminal defense attorney to help you face such charges.

Defining Attempted Murder

California law defines attempted murder under Penal Code (PC) 664/ PC 187.  Under PC 664/PC 187, attempted murder is when you:

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San Diego Assault and Battery Criminal Defense Lawyer

Assault and battery are serious criminal charges in Southern California and throughout the United States. The consequences for a conviction include serving jail time and paying steep fines.

If you have been charged with assault and battery, the best course of action is to retain representation by an experienced and knowledgeable criminal defense attorney who can best represent your interests. Contact The Law Offices of Anna R. Yum right away to schedule a free, no-obligation legal consultation.

How are assault and battery defined in San Diego?

The first thing to understand about these charges is that assault and battery are not one single crime; they are two separate offenses. While it is possible for an individual to be charged with both battery and assault, it is also possible to be charged with just one or the other.

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Homicide Defense in San Diego County

Defendants charged with murder in San Diego cannot afford to delay in hiring an experienced murder defense attorney. Although California has not executed an inmate in many years, the state of California does not prohibit the death penalty. In fact, California has more than 700 prison inmates waiting to appeal their death sentence, while they sit in prison on death row, according to the U.S. Department of Justice.  A conviction of murder in California – depending on a variety of factors – can indeed lead to the most severe penalties in the state, to include execution.

Understanding Murder Charges in San Diego

Murder is specifically prohibited by California Penal Code 187, and is further defined in subsequent Penal Codes (188-197). California Penal Code 187 reads:
187. (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.
187. (b) This section shall not apply to any person who commits an act that results in the death of a fetus if any of the following apply:

  • The act complied with the Therapeutic Abortion Act, Article 2 (commencing with Section 123400) of Chapter 2 of Part 2 of Division 106 of the Health and Safety Code.
  • The act was committed by a holder of a physician’s and surgeon’s certificate, as defined in the Business and Professions Code, in a case where, to a medical certainty, the result of childbirth would be death of the mother of the fetus or where her death from childbirth, although not medically certain, would be substantially certain or more likely than not.
  • The act was solicited, aided, abetted, or consented to by the mother of the fetus. 187. (c) Subdivision (b) shall not be construed to prohibit the prosecution of any person under any other provision of law.

First Degree Murder in San Diego County

Per California Penal Code 189, Murder of the First Degree (AKA First Degree Murder) is defined as:

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Indecent Exposure, PC 314

If you or someone you know is facing indecent exposure charges and are not sure what to do next, then contact a criminal defense attorney right away. The consequences you face depend on the situation and your criminal background history. Indecent exposure can be charged as a misdemeanor or felony and carry penalties that will follow you for the rest of your life. The right legal representation can help you understand if your rights were violated and help achieve the best possible outcome.

What Is Indecent Exposure?

Under California’s Penal Code 314 PC, indecent exposure is considered a sex crime and can cover a broad number of situations. California’s Penal Code 314 PC is defined as exposing your genitals to another person(s), with the motivation to sexually gratify yourself or to offend another person. Exposing your private parts in a public place can be considered indecent exposure and covers the genitals, posterior, and breasts.

Examples of who can be charged with PC 314 Indecent Exposure

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Statutory Rape

Facing charges for sex offenses can be a critical situation that could significantly impact your life. When presented with such charges, you can increase your chances of gaining the best possible outcome by finding the right criminal defense attorney. If you are facing charges of California Penal Code 261.5, statutory rape, the following information could shed some light on the situation. 

What is Statutory Rape, Penal Code (PC) 261.5?

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Domestic Battery, PC 243(e)(1)

Facing charges of domestic battery can have serious consequences and retaining strong legal representation will help. Domestic battery charges are commonly filed in addition to other domestic violence crimes. It is not recommended that you choose to face these charges alone, hire an aggressive criminal defense lawyer to fight on your behalf.

What is Domestic Battery?

California’s Penal Code 243(e)(1) PC domestic battery is defined as:

  • Purposefully and unlawfully touching someone else in an either harmful or offensive manner, and
  • The act was committed by the defendant’s:
    • Current or ex-spouse,
    • Current or ex-fiancée,
    • Current or ex-partner (that they used to have a dating/romantic relationship with), or
    • The mother or father of the defendant’s child.

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Date Rape – PC 261

Being charged with rape under California’s Penal Code 261 PC is not something you should face alone. This offense carries penalties and consequences that could follow you for the rest of your life. It is highly recommended you seek the right criminal defense attorney if you are facing charges for rape, date rape, spousal rape, or other related offenses.

What is California’s Rape Law?

Under Penal Code 261 PC California’s Rape Law, rape is defined as non-consensual sexual intercourse with a person who is not the spouse of the offender, by means of:

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Lewd or Lascivious Acts with a Minor (Child Molestation)

The media attention and public outrage over child molestation incidents in California is intense and constant, and while there is legitimate cause for this concern, unfortunately, there is often little thought of the possibility the accused could be innocent.

In California, child molestation charges, legally termed lewd or lascivious acts with a minor, carry with them severe, lifelong consequences, including lifetime registration as a sex offender and an undying social stigma. When you have been charged with a crime of this magnitude, or believe you are about to be charged, there is no time to waste in finding a skilled criminal defense attorney. The Law Offices of Anna R. Yum are here to guide you through this challenging time.

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San Diego Sex Crimes Attorney

Sex crimes carry a social stigma more so than essentially any other crime.  In fact, most felony and misdemeanor sex crimes require you to register with law enforcement as a sex offender for the rest of your life.  If convicted, your record as a sex offender will be public and available for anyone to look up.  This social stigma will never go away. 

Most people also don’t realize that the sentencing punishment for felony sex crimes can often times be harsher than the punishment for murder.  If you are being investigated, arrested, or charged with a sex crime, then you are facing extremely serious consequences.  You must act quickly and call an aggressive criminal defense attorney who is experienced in handling sex crimes immediately.  Do not wait for charges to be filed before contacting an attorney.  It might be too late and the damage may already be done.  Call the Law Offices of Anna R. Yum to schedule a free consultation as soon as possible.

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San Diego Vandalism Charges Attorney

A vandalism charge can have very serious consequences. Severe fines and even prison time are possibilities, and vandalism can be charged as a misdemeanor or a felony. Anna R. Yum, a knowledgeable and skilled defense lawyer in San Diego, can negotiate with the District Attorney to get a vandalism charge reduced or dismissed before it’s filed.

Vandalism Defined by State Law

The California Penal Code defines vandalism as maliciously damaging or destroying property that is not yours, or defacing property with graffiti. This can include:

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Aggravated Trespass, PC 601

California’s domestic violence laws often cover aggravated trespassing and facing such charges is not something you should take lightly. California’s Penal Code 601 PC Aggravated Trespass have felony consequences, so it is highly recommended you find an experienced criminal defense attorney right away.

What is Aggravated Trespass?

Under California’s Penal Code 601 PC aggravated trespass is committed when you threaten to physically harm someone and trespass on their property within thirty days of making those threats. Aggravated trespass is also known as trespassing after making threats and felony trespass. However, aggravated trespass is also considered a “wobbler” in California. This means it can be charged as a misdemeanor or felony depending on the specifics of the case.

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San Diego Trespassing Charges Attorney

Trespassing in California can be charged as an “infraction” or as a misdemeanor. Either way, a conviction for trespassing will create a criminal record for you and can lead to a future restraining order. Anna R. Yum is a skilled and knowledgeable defense attorney who can help minimize the negative consequences of being convicted of trespassing.

Unlawful Entry and More

The definition of trespassing under California’s Penal Code (section 602) covers quite a bit more than merely being on someone else’s property without their consent, although this is the core concept of trespassing — unlawful entry onto the real property of another (“real property” means real estate, which also includes essentially everything on the property).

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