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San Diego Criminal Defense Lawyer

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This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.

by Karren Kenney / Last Updated: August 18, 2025
San Diego DUI Lawyer

Being charged with a crime in San Diego can turn your world upside down. Whether it's a misdemeanor or a serious felony, your future, freedom, and rights are all at risk. The legal system can be confusing and stressful, especially if you’re unfamiliar with how it works. That’s why having the right criminal defense attorney matters. You deserve someone who knows how to fight for your rights from the start.

Kenney Legal Defense understands the pressure you are under. Our San Diego Criminal Defense Lawyer handles everything from DUI charges and drug crimes to domestic violence and violent crimes. With strong trial advocacy techniques and experience handling cases in both state and federal courts, we are prepared to protect your rights at every stage.

We do more than defend you. We stand beside you. Whether you are facing an investigation or even the possibility of a lengthy prison term, we are here to help you build a strong legal strategy.

What Is Criminal Defense Law?

Criminal defense law is the part of the legal system that deals with defending people who are accused of breaking the law. A criminal defense attorney helps protect your rights, explains your charges, and works to reduce or dismiss those charges.

This includes dealing with traffic violations, white-collar crimes, or something as serious as murder charges or kidnapping for rape. The goal is to challenge the case against you, using every legal option available to keep your record clean or limit the consequences.

How Can a San Diego Criminal Defense Lawyer Help?

How Can a San Diego Criminal Defense Lawyer Help?

Many criminal charges are filed in San Diego each year. These charges can range from non-violent offenses to serious felonies. Each one comes with different penalties, and each requires a different defense.

Felony Charges

Felony charges in San Diego are the most serious type of criminal charges under California law. These include offenses like murder charges, kidnapping for rape, and serious drug crimes involving controlled substances or large-scale distribution. A felony conviction can lead to long prison terms, loss of your right to vote, deportation, and even a lifetime impact on your civil rights and professional licenses.

Our San Diego criminal defense lawyer works hard to protect you from severe penalties like the death penalty, state prison, or detrimental permanent background checks that can follow you for life. Every felony criminal defense case needs a strong legal strategy backed by knowledge of the criminal justice system and trial advocacy techniques.

Misdemeanor Charges

Misdemeanor charges may seem minor, but they can still carry harsh consequences. These include petty theft, DUI offenses, simple drug possession, traffic violations, and even violating a restraining order. While the punishment for misdemeanors is less than that of felonies, you can still face jail time, community service, house arrest, and lasting damage to your record.

Our San Diego criminal defense lawyers understand how California criminal defense issues affect real people and know how to push back against weak probable cause, illegal searches, or flawed legal processes. Our goal is to keep your record clean and your rights protected.

DUI and Drug Offenses

DUI charges and drug offenses are among the most common criminal law issues in San Diego. Driving under the influence, especially when there is a high blood alcohol concentration or a failed blood test, can result in license suspension, heavy fines, and possible jail time. Drug crimes like drug possession, drug charges involving controlled substances, or federal drug trafficking cases linked to the Drug Enforcement Administration (DEA) can escalate quickly.

Many people charged in these cases do not understand the legal jargon or the chain of custody rules that police must follow. We break it down and fight hard to protect your future and challenge the arrest, whether the issue was a traffic stop or a search incident to a lawful arrest.

Violent Crimes

Violent crimes are taken very seriously in the San Diego legal system. Charges like criminal threats, sexual assault, domestic violence, and assault with a deadly weapon often come with steep penalties and aggressive prosecution. Domestic violence charges can lead to a restraining order that affects your access to your home, your children, and your job.

If you're facing these charges, our criminal defense attorneys bring relentless defense and trial experience to the courtroom, backed by peer nominations, independent research evaluations, and a clear understanding of both state and federal statutes.

The Criminal Defense Process in San Diego

The criminal justice process in San Diego moves quickly, and every stage can affect the outcome of your case. From the moment you are arrested, the legal system begins working against you.

That is why it is important to understand what happens next and how a skilled criminal defense attorney can guide you through each step with a strong legal strategy.

Initial Consultation with a Criminal Defense Lawyer

The first meeting with a criminal defense lawyer is one of the most important parts of your case. During this consultation, we will go over the details of your arrest, review the police reports, and talk about your rights, including your Miranda Rights and how they apply to your situation.

We will also explain the charges you are facing, such as drug crimes, domestic violence, or white-collar crimes, and what kind of defense may work best. Our team takes time to answer your questions and explain the process without using confusing legal jargon, so you feel supported from the beginning.

Pre-Trial Process

The pre-trial phase includes everything that happens before the actual jury trial begins. This may involve filing pre-trial motions, reviewing discovery, and holding hearings on key issues like probable cause, evidence suppression under the Plain View Doctrine, or challenges to property seizure.

We also help you understand your options, including plea agreement offers and whether house arrest or community service may be alternatives to jail. Our firm focuses on building your criminal defense case with trial lawyers who are ready to fight from day one, using strong litigation techniques and knowledge of both California Bail Process and federal rules.

Trial and Verdict

If your case goes to trial, we stand by your side in court and fight with proven trial advocacy techniques. The trial process includes jury selection, witness testimony, cross-examination, and presenting evidence. Whether you are facing felony charges like murder or federal crimes under investigation by the Federal Bureau of Investigation (FBI), we make sure your rights are protected.

Every decision matters during a jury trial, from how evidence is presented to how we challenge the prosecution’s claims. Our trial experience gives us the edge in seeking a not guilty verdict or fighting for the best possible outcome under the law.

The Importance of Hiring an Experienced San Diego Criminal Defense Lawyer

The Importance of Hiring an Experienced San Diego Criminal Defense Lawyer

Choosing the right San Diego criminal defense lawyer can make a major difference in how your case ends. An experienced attorney understands the local courts, judges, and prosecutors, and knows how to work within the legal system to protect your rights.

Every step you take should be guided by someone who knows how criminal charges are handled in San Diego.

Understanding Local Laws

Laws can vary widely between counties and courtrooms, and having a criminal defense attorney who understands San Diego’s local legal system is essential. From how judges handle drug charges to how prosecutors approach domestic violence or juvenile crimes, knowing the patterns and expectations of the court can give you a real advantage.

We stay updated on all changes in California criminal defense issues and tailor our approach to match both state and federal statutes that apply to your case.

Aggressive Defense

When your freedom is on the line, you need a relentless and strategic defense. That means challenging every piece of evidence, fighting for your rights when your property is seized without probable cause, and holding the prosecution accountable when they violate the rules of the criminal justice process.

No matter what criminal charges you are facing, we do not back down. We push hard in court using clear legal arguments, cross-examination, and motions that put pressure on the other side from the start.

Every criminal defense case is different, and there is no one-size-fits-all answer. That is why we create a legal strategy built around your specific situation, your background, and the facts of your arrest.

Whether you are dealing with a DUI offense or facing serious charges like vehicular manslaughter or child pornography laws, our legal team focuses on the details that matter most. We explain each step clearly so you always understand what is happening and why.

Reduced Sentences and Penalties

An experienced criminal defense lawyer can often help you avoid the harshest outcomes. We work to lower or dismiss charges, keep you out of jail through alternatives like community service or house arrest, and protect your professional licenses, civil rights, and Second Amendment rights.

In some cases, we may push for a plea agreement that avoids prison terms or keeps the conviction off your record. We understand how to position your case to avoid the worst penalties and protect your future.

The Importance of Pre-Trial Motions in San Diego Criminal Cases

Pre-trial motions may play a major role in shaping the outcome of a criminal defense case. For any criminal charges in San Diego, smart use of pre-trial motions can lead to stronger results or full dismissal.

What Are Pre-Trial Motions?

Pre-trial motions are formal requests made to the judge before a jury trial begins. These motions help set the rules for what happens at trial. A criminal defense attorney may use them to challenge evidence, request a dismissal, or ask the court to stop the prosecution from using illegally obtained information.

Filing the right motions early can shift the entire direction of your criminal defense case.

Common Pre-Trial Motions in Criminal Defense

  • Motion to Suppress Evidence: Used to stop certain evidence from being used in trial if it was gathered illegally, such as through an unlawful search or a violation of the Plain View Doctrine.
  • Motion to Dismiss: Requests the judge to throw out the case entirely due to lack of probable cause or legal errors in the criminal justice process.
  • Motion for Change of Venue: Asks the court to move the trial to another location if it’s believed a fair trial is not possible due to local bias or media coverage.
  • Motion for Discovery: Requests that the prosecution hand over all evidence, including statements, photos, or police reports, so the defense can prepare properly.
  • Motion to Exclude Witness Testimony: Challenges the credibility or relevance of a witness and asks the court to block that person from testifying.
  • Motion in Limine: Tries to stop certain subjects from being mentioned during trial, such as past arrests or unrelated actions that could harm your case unfairly.
  • Motion for Return of Property: Requests the return of items taken during an arrest or seizure, especially when those items are not part of the criminal offense.

How Pre-Trial Motions Affect the Case

The success of certain motions can change everything about a case. If a judge rules in favor of a motion to suppress, key evidence (like drugs in a drug possession charge or blood test results from a DUI offense) might be thrown out. This can weaken the prosecution’s case and sometimes lead to a dismissal.

These motions also help control how evidence is presented, protect your civil rights, and make sure the legal system follows fair procedures from start to finish. Skilled criminal defense lawyers use these tools to protect you and challenge the case before it even reaches a jury.

Understanding Sentencing and Plea Bargains in San Diego Criminal Cases

Understanding Sentencing and Plea Bargains in San Diego Criminal Cases

Sentencing and plea bargains are two important parts of the criminal justice process in San Diego. After a guilty plea or conviction, the court decides what punishment to give. In many cases, a strong legal strategy can reduce that sentence or avoid trial through a plea agreement.

Knowing what affects sentencing helps you make smarter decisions about your case.

Factors Affecting Sentencing

  • Criminal History: Courts look at your past record. If you have prior convictions, especially for violent crimes or drug charges, the sentence may be harsher.
  • Type and Severity of the Crime: More serious charges like murder, kidnapping for rape, or sexual assault often lead to longer prison terms than misdemeanors or traffic violations.
  • Use of Weapons: If a weapon was involved during the crime, such as in cases of criminal threats or domestic violence, this can add extra years to the sentence.
  • Injury or Harm to Others: Cases involving bodily harm, like vehicular manslaughter or assault, often lead to stronger punishments due to the physical damage caused.
  • Age of the Victim: Crimes involving minors, such as violations of child pornography laws or certain sex acts, typically carry longer sentences under California State and federal statutes.
  • Cooperation with Law Enforcement: If the accused helps with the investigation or shows remorse, judges may consider lighter penalties or alternatives like community service or house arrest.
  • Aggravating or Mitigating Factors: Aggravating factors make the crime worse, such as planning the act or showing no remorse. Mitigating factors, like mental health issues or a clean record, may reduce the sentence.

Plea Bargains in Criminal Defense

A plea bargain is when the defense and prosecution agree on a reduced charge or lighter sentence in exchange for a guilty plea. These deals can help avoid long trials and reduce exposure to severe penalties like the death penalty or long prison terms. In San Diego, many criminal defense cases including drug crimes, white collar crimes, and even certain felony charges are resolved through plea agreements.

A good criminal defense attorney helps you weigh the pros and cons of each offer, making sure your rights are protected and that you don’t accept a bad deal under pressure. Whether you're facing DUI charges, domestic violence charges, or juvenile crimes, a well-handled plea agreement can give you a second chance and limit the long-term damage to your record, background checks, and civil rights.

Expungement and Sealing of Criminal Records in San Diego

If you were arrested or found guilty of a crime in San Diego, it may still show up on background checks. This can make it hard to find a job, rent a home, or get a license.

What Is Expungement?

Expungement means clearing your criminal record in the eyes of the court. It does not erase the past, but it shows that you finished your sentence and the case is now closed. This helps you move forward without a criminal conviction holding you back.

People often ask for expungement to help with jobs, professional licenses, or to stop their criminal past from showing up in public records.

Eligibility for Expungement in San Diego

You may be able to get an expungement if you finished all parts of your sentence, such as probation, community service, or house arrest. Most misdemeanors and some felonies can be cleared if you did not serve time in state prison. If you followed the rules and stayed out of trouble, you may qualify.

Under laws like Proposition 47, some felony crimes can even be reduced to misdemeanors before expungement. Our San Diego criminal defense lawyers help you check if you qualify and guide you through the steps to clean your record.

FAQs

1. What should I do after getting arrested in San Diego?

Stay calm, ask for a lawyer, and do not answer police questions without legal help.

2. Can I go to jail for a first-time DUI offense?

Yes, even first-time DUI charges can lead to jail, fines, and license loss.

3. Will a criminal charge affect my job?

Yes, it may show up on background checks and hurt job chances.

4. What if I am innocent but still charged?

You still need a strong defense. A criminal defense attorney can fight to prove your side.

5. Can a past charge be cleared from my record?

Yes, through expungement or record sealing, depending on your case and history.

Get the Legal Help You Need with Our Experienced San Diego Criminal Defense Lawyer

If you are facing criminal charges in San Diego, you should not face the legal system alone. Kenney Legal Defense stands by you from start to finish. We help people dealing with all kinds of cases, from DUI offenses, domestic violence charges, and drug crimes to more serious charges like murder or federal crimes. Our team knows how the California legal system works and how to fight back with smart, aggressive defense.

We do more than just show up in court. We explain your rights, build a strong legal strategy, and fight to protect your freedom, job, and future. Whether you need help with pre-trial motions, a plea agreement, or clearing your record through expungement, we’re here for you.

Contact our San Diego criminal defense lawyer today. Use our live chat or call now to get the help you need, before it’s too late.

Karren Kenney
Criminal Defense Lawyer
Karren Kenney, a dedicated criminal defense attorney, is renowned for her unwavering commitment to defending her clients' rights and freedom. Her impressive track record in the courtroom speaks volumes about her expertise. Exclusively practicing state and federal criminal defense, Karren approaches each case with diligence, persistence, passion, and strong principles. As an experienced and assertive trial attorney, she prioritizes thorough case preparation to ensure the best possible defense for those she represents.

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