A LAW FIRM YOU CAN TRUST WILL FIGHT FOR YOU

When you or someone you love has been arrested and charged with a crime it's not time to give up.  In fact, the fight has just begun. The Unites States Constitution provides that all Americans, including all classes and races and types of people, are all presumed innocent until the state can prove them guilty beyond all reasonable doubt.

SOMETIMES BAD THINGS HAPPEN TO GOOD PEOPLE!

Its during those times that we really need people around us that we can trust. The truth is, most of our clients at the Law Offices of Brian R. Mason are upstanding, sometimes church-going citizens who have found themselves either making a lapse in judgment or who have been wrongfully accused  of a crime. Either way, many of our clients have never been involved in the criminal justice system and need someone they can trust to help them through the process and fight for them.

At the Law Offices of Brian R. Mason, our goal is to ensure that each and every one of our clients is afforded the right to a defense and the right to a fair trial. We fight hard to uphold the constitution and to force the Prosecution to meet their burden of proof.  In doing so, we will do whatever is necessary to fight for your freedom, to fight for your innocence, and if necessary, to create a reasonable doubt as to your guilt

Contact us today if you or a loved one needs strong legal defense for any of the following:

• Drunk Driving/ DUI
• Drugs and Narcotics Charges
• White Collar Crimes
• Domestic Violence
• Felony Crimes
• Misdemeanors
• Homicide
• Investigations
• Juvenile Matters
• Sex Crimes
• Traffic Offenses
• Expungement Motions

The firm also handles cases in the following:

• Bankruptcy
• Personal Injury

If you or someone you know needs the skilled legal representation of an experienced San Diego, California criminal defense lawyer, call Brian Mason today at 619-500-1500, or complete the contact form provided on this site to arrange for your free initial consultation.

Practice Areas and Legal Definitions

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, and murder.

Assault and Battery:
Assault and battery is the combination of two crimes: assault (the threat of violence) and battery (actual physical violence). The main distinction between the two offenses is the existence or nonexistence of touching and/or contact. While contact is an essential element of battery, there must be an absence of contact for assault. If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

Burglary and Robbery:
Burglary is defined as the unlawful entering of a building with intent to commit a felony or to steal valuable property.  Robbery is also a specific intent crime, requiring both theft and a form of violence or threat of violence used to deprive someone of their property.  A common example of a robbery is a convenience store holdup, wherein a robber threatens to shoot a cashier unless the cashier hands over money.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DUI could also jeopardize your employment opportunities.

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DUI/DWI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.  Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

If you or someone you know needs the skilled legal representation of an experienced San Diego, California criminal defense attorney, call Brian Mason today at 619-500-1500, or complete the contact form provided on this site to arrange for your free initial consultation.

The following represents just some of the cases that Brian R. Mason has been involved in:

• Domestic Violence Penal Code 273.5(a) as a felony: Charge Dismissed
• DUI DMV Hearing: Driver's License Suspension Denied
• Hit and Run: Case Dismissed before trial
• Conspiracy to Commit Assault on behalf of Criminal Street Gang: Charge Dismissed
• Felony Battery Causing Serious Bodily Injury: Charge Dismissed
• Felony Assault w/Personal Use of Brick During Assault: Charge dismissed at Preliminary Hearing
• Felony Child Endangerment: Charge dismissed at Preliminary Hearing
• Felony Assault w/Deadly Weapon where victim stabbed in face with screwdriver: Client had 12 prior convictions and was facing 2 strikes and max of 12 years in prison received 4 months in work furlough
• Misdemeanor Resisting Arrest: Charges not filed
• Felony Resisting Arrest and Felony Interference with Police Investigation: Client had prior felony conviction for same offense - Result- Misdemeanor conviction with no jail time and no fine
• Felony Possession of a Controlled Substance: Charge Dismissed
• Domestic Violence Penal Code 273.5(a) as a felony: Charge Dismissed
• Felony Transportation of a Controlled Substance: Charge Dismissed
• Driving Under the Influence of a Controlled Substance causing Bodily Injury: Charges not filed

Brian R. Mason has a reputation of aggressively fighting all charges for his clients; while maintaining excellent communications with his clients and their families.  The firm is A-rated by the Better Business Bureau.  Clients and their families have access to Brian’s cell phone to get updates whenever needed.  Each retainer fee paid to the firm includes the use of a private investigator to diligently research the facts of every case. 

If you or someone you know needs the assistance of an experienced San Diego, CA Criminal lawyer, call Brian today at 619-500-1500, or complete the contact form provided on this site to schedule your free consultation.

Law Office of Brian R. Mason
7710 Balboa Ave. Suite 228D
San Diego, CA 92111
Phone: 619-500-1500
Hours: M-F, 8:00AM-5:00PM and after-hours by appointment only


Attorney Brian R. Mason

• Jurisdictions Attorney is Licensed in: California
• Date Admitted to the Bar: 2008
• Colleges Attended, Degree & Year Graduated: University of Oregon, Bachelor of Science in Sociology and Criminal Deviance in 2003; Thomas Jefferson School of Law, J.D. 2007
• Professional Memberships & Achievements: State Bar of California, the California Young Lawyer’s Association, the San Diego County Bar Association, the North County Bar Association in San Diego County, the American Association for Justice, and the International Sociological Honors Society
• Verdicts & Settlements: Hit and Run: Case Dismissed; Felony Child Endangerment: Charged Dropped; Assault with a Deadly Weapon with personal use of a brick during assault: Charges dropped; Felony Posession of a Controlled Substance: Charge Dismissed; Driving Under The Influence Of A Controlled Substance: Case Dismissed

"I appreciate Brian's help so much.  I could not imagine going through this process with anyone else."
S.L.

"Brian was extremely professional in dealing with my case.  In a stressful time, it was nice to have someone be sympathetic to my position, while at the same time, a very good understanding of the law.  In turn, my case was dismissed.  I would recommend Brian to any friend or family member that required legal counsel."
M.M.

"Brian was incredibly knowledgeable and took the time to go over all our options.  He showed great compassion for us, which made the situation easier to deal with.  Brian was very honest and did exactly what he said he would.  Most importantly, Brian maintained good communication with us through the process."  
J.B. & S.B.

"I am grateful to Brian Mason for all his help and professionalism.  He made it very easy for me to deal with such a difficult situation."  
M.H.

"Attorney Brian Mason's knowledge of the law and calm demeanor made this ordeal much easier on my family than I ever expected."
B.M.

"My son's case was handled in a Godly and Christian way.  We appreciate all of Brian Mason's help."
M.S.