1. Sevens Legal Criminal Lawyers
Focus Area: Criminal defense and DUI defense with State Bar certification
Practice Areas: DUI/DWI, domestic violence, drug crimes, child pornography, sex crimes, homicide, theft, assault, battery, white collar offenses, probation violations
Background: The firm has been named San Diego’s Best Criminal Defense Firm and Best DUI Firm. Founding Partner Samantha Greene is a State Bar-Certified Criminal Law Specialist and former Deputy District Attorney. Managing Partner Dan Greene was honored as Trial Lawyer of the Year. Firm Director Kerry Steigerwalt has held an AV rating (awarded to only 15% of attorneys) for over a decade. The firm has more than 150 years of combined criminal defense experience, hundreds of 5-star reviews, and bilingual attorneys on staff.
Location: San Diego, California (serves San Diego County and Southern California)
Contact: (619) 430-2355 | https://www.sevenslegal.com/
Consultation: Risk-free consultation available
2. Law Office of George H. Ramos, Jr.
Focus Area: Criminal defense with bilingual (English-Spanish) services
Practice Areas: Domestic violence, drug crimes, DUI/DWI, juvenile crimes, sexual abuse, fraud, violation of restraining orders, theft, assault, battery
Background: Attorney George H. Ramos, Jr. has more than 30 years of experience on both sides of the courtroom. As a former prosecutor who specialized in domestic violence cases in San Diego, he has unique knowledge of the criminal justice system from both perspectives. He uses this insight to formulate case strategies aimed at minimizing, reducing, or dismissing charges. The firm handles all felony and misdemeanor charges in San Diego.
Location: San Diego, California
Contact: (619) 231-1830 | https://www.ramoscriminallawyer.com/
Consultation: Free confidential case evaluation
3. The Law Offices of Mark Deniz APLC
Focus Area: DUI defense and criminal law
Practice Areas: DUI/DWI, domestic violence, drug crimes, hit and run, assault, prostitution charges, traffic offenses
Background: Founder Mark Deniz spent nearly a decade as a prosecutor handling drunk driving charges, vice charges, and other criminal matters before starting his defense practice. The firm takes a proactive approach, immediately reviewing case facts to identify weaknesses in the prosecution’s case rather than waiting for initial court dates. Recent results include multiple DUI dismissals (even with BAC readings of .21%, .18%, and .23%), felony domestic violence dismissal (December 2024), and felony DUI reductions to misdemeanor with no jail time.
Location: San Diego, California
Contact: (858) 429-9982 | https://www.denizdefense.com/
Consultation: Free initial criminal case evaluation
4. The Law Offices of Michael Berg
Focus Area: Criminal defense, DUI defense, and federal crimes
Practice Areas: Murder, homicide, sex crimes, drug offenses, DUI/DWI, domestic violence, assault, federal crimes, record expungement
Background: Attorney Michael Berg is a Certified Specialist in Criminal Law by the State Bar of California, Board of Legal Specialization. He has over 35 years of experience handling criminal cases and has handled over 38 murder cases, some of which have garnered international attention. He has been named a Super Lawyer for ten consecutive years in San Diego. Known as a “lawyer’s lawyer,” he has represented other attorneys facing legal troubles as well as judges and family members of judges. He personally handles each client’s case and deals directly with prosecutors and judges.
Location: San Diego, California
Contact: (619) 239-2186 | https://sandiego.criminallaw.com/
Consultation: Available by appointment
5. Law Offices of David M. Boertje
Focus Area: Criminal defense throughout San Diego County
Practice Areas: DUI/DWI, domestic violence, drug offenses, assault and battery, sex crimes, theft, hit and run, felonies, misdemeanors, expungement, warrant defense
Background: David M. Boertje has been practicing criminal defense in San Diego County since 2003 and has handled hundreds of criminal cases, including high-profile cases covered in the media. Despite handling significant cases, the firm continues to offer affordable fees. Mr. Boertje emphasizes personal attention and client communication throughout the legal process. The firm maintains two locations to serve clients throughout San Diego County.
Location: 501 W Broadway #800, San Diego, CA 92101 (Downtown) and 1808 Aston Ave #235, Carlsbad, CA 92008 (North County)
Contact: (619) 229-1870 (San Diego) | (760) 476-0901 (Carlsbad) | Toll Free: (888) 476-0901 | https://www.boertjelaw.com/
Consultation: Available 24 hours
Criminal Defense Laws in California
Felony Classifications
California does not use a formal class system (A, B, C) for felonies. Instead, felonies are categorized by their potential sentences:
Straight Felonies: Crimes that can only be charged as felonies, including murder, rape, and kidnapping. Penalties vary based on the specific offense and can range from 16 months to life in prison or death for capital offenses.
Wobbler Offenses: Many crimes in California can be charged as either felonies or misdemeanors at the prosecutor’s discretion, based on the circumstances and defendant’s criminal history. Examples include assault with a deadly weapon, grand theft, and domestic violence causing injury. Prosecutors consider the severity of the conduct, harm caused, and defendant’s background when making charging decisions.
Low-Term/Mid-Term/High-Term Sentencing: Most California felonies carry a sentencing triad (for example, 2, 3, or 4 years). Judges select the appropriate term based on aggravating and mitigating circumstances.
Misdemeanor Classifications
Standard Misdemeanors: Most misdemeanors in California carry a maximum penalty of 6 months in county jail and/or $1,000 fine. Examples include petty theft, simple assault, and trespassing.
Gross or Aggravated Misdemeanors: Some misdemeanors carry enhanced penalties up to 364 days in county jail. Examples include DUI (first offense), domestic battery, and violation of protective orders.
Infractions: The least serious offenses, punishable only by fines. Examples include most traffic violations and minor municipal code violations.
Record Clearing Options
Expungement (Penal Code Section 1203.4): California allows expungement (dismissal) of convictions after successful completion of probation. When granted, the court reopens the case, withdraws the guilty plea or verdict, enters a not guilty plea, and dismisses the case. Expungement does not erase the conviction from your record but allows you to legally state you were not convicted when asked by most private employers. Available for most misdemeanors and felonies not involving state prison time.
Clean Slate Act (SB 731, effective October 2024): California now automatically seals eligible conviction records. Misdemeanor convictions are sealed 1 year after completion of sentence. Felony convictions (excluding serious, violent felonies and sex offenses requiring registration) are sealed 4 years after completion of sentence. Sealed records will not appear on most background checks. Arrests not resulting in conviction are sealed 3 years after the arrest date or whenever the statute of limitations expires.
Certificate of Rehabilitation: Available to individuals who served time in state prison. After demonstrating rehabilitation for a specified period (typically 7-10 years), the court may grant a certificate that serves as an automatic application for a Governor’s pardon and restores certain rights.
Governor’s Pardon: The highest form of clemency, removing all legal consequences of conviction. Pardons are granted at the Governor’s discretion after demonstrating complete rehabilitation.
Proposition 47 Relief: Certain drug possession and theft felonies committed before November 2014 may be reclassified as misdemeanors, and some past felony convictions may be reduced or dismissed.
Three Strikes Law
California’s Three Strikes Law imposes significantly enhanced sentences for repeat offenders. A “strike” is a conviction for a serious or violent felony. Second strike offenders receive double the normal sentence. Third strike offenders face 25 years to life in prison, though Proposition 36 (2012) modified the law to require the third strike to be a serious or violent felony unless the defendant has prior strikes for particularly serious offenses.
Bail and Pretrial Release
California has moved toward reducing reliance on cash bail. Under current law, judges must consider the defendant’s ability to pay and prioritize nonmonetary conditions of release. San Diego County uses a pretrial services assessment to evaluate defendants for release on their own recognizance or with supervision. Cash bail remains available but must be set at an amount the defendant can reasonably afford for nonviolent offenses.
Frequently Asked Questions
How does California’s Clean Slate Act (SB 731) affect my criminal record in San Diego?
The Clean Slate Act, effective October 2024, automatically seals eligible conviction records without requiring you to file a petition. Misdemeanor convictions are sealed 1 year after completing your sentence (including probation), and eligible felonies are sealed 4 years after completion. Once sealed, the conviction will not appear on most background checks conducted by employers or landlords. However, serious felonies, violent felonies, and offenses requiring sex offender registration are not eligible. Law enforcement and courts retain access to sealed records. Arrests that did not result in conviction are sealed 3 years after the arrest date.
What is a “wobbler” offense and how does it affect my case in San Diego Superior Court?
A wobbler is a crime that prosecutors can charge as either a felony or misdemeanor based on circumstances and your criminal history. Examples include assault with a deadly weapon, grand theft, and domestic violence with injury. The charging decision significantly impacts potential penalties, with felonies carrying possible state prison time and misdemeanors limited to county jail. Your defense attorney may negotiate with prosecutors to reduce a wobbler from felony to misdemeanor, especially for first-time offenders or cases with mitigating circumstances. After conviction, some wobbler felonies can be reduced to misdemeanors under Penal Code 17(b).
Can I get a DUI expunged from my record in San Diego County?
Yes, most DUI convictions can be expunged after you successfully complete probation. You must file a petition under Penal Code 1203.4 asking the court to withdraw your guilty plea, enter a not guilty plea, and dismiss the case. Expungement does not remove the DUI from your DMV record or eliminate the “priorable” nature of the offense (meaning it still counts as a prior if you receive another DUI within 10 years). However, expungement allows you to honestly answer “no” when most private employers ask if you have been convicted of a crime. Under the new Clean Slate Act, DUI convictions may also be automatically sealed after completion of your sentence, providing additional privacy protection.
What should I expect at arraignment in San Diego Superior Court?
At arraignment, the court formally advises you of the charges, your constitutional rights, and the potential penalties. You will enter a plea of guilty, not guilty, or no contest. Your attorney will typically advise pleading not guilty at this stage to preserve all defense options while investigating the case. The judge will address bail (confirming, modifying, or setting conditions of release) and schedule future court dates. If you are in custody, your attorney may argue for bail reduction or release on your own recognizance. The arraignment itself is usually brief, and substantive legal arguments occur at later hearings.
How does the State Bar Criminal Law Specialist certification benefit my defense in San Diego?
California State Bar-Certified Criminal Law Specialists have passed a rigorous examination and demonstrated substantial experience in criminal defense, representing a small percentage of practicing attorneys. This certification indicates the attorney has met objective competency standards beyond basic licensing requirements. Certified specialists typically have extensive trial experience, thorough knowledge of criminal procedure and evidence rules, and familiarity with local court practices. When facing serious charges in San Diego, working with a certified specialist may provide advantages in case analysis, motion practice, negotiation with prosecutors, and trial preparation.