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Law Office of Andrew Limberg APLC
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Law Office of Andrew Limberg APLC
Andrew Limberg

380 South Melrose Drive, Suite 329
Vista CA 92081
(760) 806-4381

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Law Office of Andrew Limberg APLC


Andrew Limberg is an experienced and knowledgeable criminal defense attorney.  When you hire Andrew Limberg as your lawyer, you get both a counselor and an advocate dedicated solely to your defense.  He will inform you of what to expect at every stage of the proceedings.  He will take great pains to educate you regarding the strength and weaknesses of your case at every turn.

If you are charged with a crime, you will have the full force of prosecutors and police arrayed against you.  Andrew Limberg will stand with you and zealously defend your rights.  He employs the best private investigators and experts to ensure your defense is thoroughly prepared. Whether you want to negotiate a plea or take your case to trial, Andrew Limberg will ensure you obtain the best possible result.

Please Call: 760-806-4381

Call for a free consultation.  Andrew Limberg can be reached seven days a week at (760) 806-4381.  Learn more at www.LimbergLaw.com.

Andrew Limberg graduated cum laude from San Diego State University with a Bachelors of Science degree in Criminal Justice Administration.  While in college, he interned with the San Diego Police Department’s Crime Analysis Unit where he compiled and interpreted criminal information and statistics to assist the department and City Council in formulating law enforcement policy.

After graduating from college, Andrew Limberg was commissioned a second lieutenant in the United States Marine Corps.  Among his many billets, he served as a legal officer, responsible for investigating all accidents and crimes related to his unit.

After leaving active duty, Andrew Limberg attended and graduated from the University of San Diego School of Law.  During law school, he was a certified legal intern with the Public Defender.  As a result of his work with the Public Defender, upon graduation he was recognized as the Outstanding Criminal Clinic Intern (Defense).

With the exception of a short period where he was recalled to active duty for OPERATION ENDURING/IRAQI FREEDOM, Andrew Limberg has worked exclusively as a criminal defense attorney since graduating from law school.

Andrew Limberg is a lawyer and member in good standing with the California State Bar (222614), San Diego County Bar Association, Bar Association of Northern San Diego County, San Diego Criminal Defense Bar Association, and the San Diego Psych-Law Society.
 
Please Call: 760-806-4381
 
Attorney Profile

Andrew Limberg graduated cum laude from San Diego State University with a Bachelors of Science degree in Criminal Justice Administration.  While in college, he interned with the San Diego Police Department’s Crime Analysis Unit where he compiled and interpreted criminal information and statistics to assist the department and City Council in formulating law enforcement policy.


     After graduating from college, Andrew Limberg was commissioned a second lieutenant in the United States Marine Corps.  Among his many billets, he served as a legal officer, responsible for investigating all accidents and crimes related to his unit.

     After leaving active duty, Andrew Limberg attended and graduated from the University of San Diego School of Law.  During law school, he was a certified legal intern with the Public Defender.  As a result of his work with the Public Defender, upon graduation he was recognized as the Outstanding Criminal Clinic Intern (Defense).

     With the exception of a short period where he was recalled to active duty for OPERATION ENDURING/IRAQI FREEDOM, Andrew Limberg has worked exclusively as a criminal defense attorney since graduating from law school.

     Andrew Limberg is a lawyer and member in good standing with the California State Bar (222614), San Diego County Bar Association, Bar Association of Northern San Diego County, San Diego Criminal Defense Bar Association, and the San Diego Psych-Law Society.

 

Homicide

A "homicide" is the unlawful killing of a person by another.  A person associated with the death of another should expect serious scrutiny from law enforcement.  Although a person contacted by the police may not feel responsible for the death, there is no guarantee that the investigating officers will feel likewise.  If you expect homicide detectives to contact you, an experienced criminal defense attorney can ensure your rights are respected and your best interests are protected.  The results of a homicide investigation can have very real and life long effects, so do not hesitate to call a reputable defense lawyer at the first hint of trouble.
 
     The circumstances of a homicide will determine what, if any, charges are filed.  "Murder" and "manslaughter" are types of homicide where a defendant kills without a legally recognized justification or excuse.  There are subtle distinctions that differentiate murder from manslaughter, and the punishment for a homicide conviction can be anything from probation to execution depending on those fine legal points.  A savvy defense attorney can make all the difference for a homicide defendant.

 
     A murder is a killing committed with malice and can be divided between first or second degree.  First degree murder is charged when the defendant either acted with premeditation and deliberation, killed someone while committing an inherently dangerous felony, or killed a person by a specific manner or means outlawed in California (i.e. torture, ambush, poisoning, bombing, etc.).  All other killings committed with malice are considered second degree murder.  A conviction for first degree murder normally results in a sentence of 25-years-to-life in prison; however, if "special circumstances" are proven the defendant can be sentenced to life in prison without the opportunity of parole (LWOP) or death.  The punishment for murder in the second degree is normally 15-years-to-life.

 
     A defendant commits manslaughter by killing another person without malice.  Manslaughter is divided into three categories: voluntary, involuntary, and vehicular.  Voluntary manslaughter occurs when a defendant possesses an intent to kill, but some mitigating factor is present, such as provocation or an unreasonable belief in the need for self-defense.  Involuntary manslaughter is a killing resulting from a defendant's criminally negligent behavior.  Vehicular manslaughter is a killing caused by a defendant's grossly negligent operation of a car or boat.

 
     Although a defendant may feel responsible for the death of another, the law in California recognizes circumstances where a killing may be considered lawful.  Given the proper circumstances, a diligent defense lawyer can properly prepare and present a persuasive case of justifiable or excusable homicide.  A few examples of justifiable or excusable homicide include self-defense, accidental death, and "heat of passion" killing.  There are many more recognized defenses available depending on the individual facts of a particular homicide case.  A knowledgeable defense attorney can determine the applicability of recognized defenses and how best to present them in court.

 
    A homicide is lawful if a defendant kills in self-defense.  Self-defense is justifiable if the defendant reasonably believed he was in imminent danger of death or great bodily injury, the immediate use of deadly force was necessary to defend against the danger, and the defendant used no more force than necessary to defend against the danger.  Belief in future harm is insufficient, regardless of the severity or likelihood of the harm.  Furthermore, a defendant is only entitled to use that amount of force that a reasonable person would use under the same circumstances.   Nonetheless, a person is not required to retreat when threatened.  A person is entitled to stand his ground and defend himself even if safety could be achieved by escaping.  However, self-defense will rarely be recognized by a person who starts a fight.

 
    A homicide is excusable if a defendant killed someone as a result of an accident or other misfortune.  A homicide can be considered accidental when the defendant unintentionally kills another while doing a lawful act in a lawful way while acting with usual and ordinary caution.  A person acts with "usual and ordinary caution" if he acts in a way that a reasonably careful person would act in the same or similar situation.

 
    A homicide is excusable if a defendant accidentally kills someone while acting in the "heat of passion."  A defendant acts in the "heat of passion" when provoked into committing a rash act under the influence of intense emotion that obscures reasoning or judgment.  The provocation must be sufficient to cause a person of average disposition to act rashly and without due deliberation, that is, from passion rather than judgment.  "Heat of passion" does not require anger, rage, or any specific emotion.  It can be any violent or intense emotion that causes a person to act without due deliberation and reflection.  However, a defendant may still be convicted of battery despite being acquitted of homicide due to successfully proving the defendant acted in the "heat of passion."

 
    Considering the stakes involved for a homicide defendant, the wisest course of action is to contact and retain the best criminal defense attorney available as early as possible to ensure the best possible result.

Penal Code sections 187, 188, 189, 190,  & 192

 

Assault and Battery

Assault and battery are closely related crimes.  A "battery" is the willful and unlawful touching of another in a harmful or offensive manner.  An "assault" is simply an attempted battery.  The slightest contact can be considered a battery if it was accomplished in a rude or angry way.  A victim need not suffer injury for a defendant to be prosecuted for battery.  Both crimes may be charged as either a misdemeanor or felony depending on the circumstances.  The specific way an assault or battery is committed (e.g. Assault with a Deadly Weapon), the place it occurs (e.g. Battery on School Grounds), the status of the victim (e.g. Battery Against a Peace Officer), injuries sustained by the victim (e.g. Battery with Great Bodily Injury), and the intent of the defendant (e.g. Assault with Intent to Commit Rape) can affect the sentence received following a conviction.  A talented criminal defense attorney knows the differences between the many varieties of assault and battery and can ensure a defendant's case is not blown out of proportion by an overzealous prosecutor.
 
     Words alone, no matter how offensive or exasperating, do not excuse an assault and battery.  However, some forms of provocation may justify a physical confrontation if it includes the threat of physical injury.  An assault and battery is lawful if a defendant acts in self-defense.  Self-defense is justifiable if the defendant reasonably believed he was in imminent danger of physical harm, the immediate use of force was necessary to defend against the danger, and the defendant used no more force than necessary.  Belief in future harm is insufficient, regardless of the severity or likelihood of the harm.  Furthermore, a defendant is only entitled to use that amount of force that a reasonable person would use under the same circumstances.  Nonetheless, a person is not required to retreat when threatened.  A person is entitled to stand his ground and defend himself even if safety could be achieved by escaping.  However, self-defense will rarely be recognized by a person who starts a fight.  In those cases where a defendant was simply defending himself, an experienced defense lawyer can prepare and present a persuasive case justifying the defendant's use of force.
 
     Considering the range of consequences following a conviction for the more serious varieties of assault and battery, the wisest course of action is to contact and retain the best defense attorney available to ensure the best possible result.
 
Penal Code sections 203, 240, 241, 242, 243, 244, 245, 261, 273, & 286

Rape

California law considers rape to be sexual intercourse with a woman without consent and by means of threats or force.  An allegation of rape is one of the most serious accusations a woman can make against a man, and a defendant convicted of rape can expect to receive a long prison sentence.  When a man is accused of rape, the assistance of an experienced criminal defense attorney can make all the difference.
 
    Although California's definition of rape appears relatively straight forward, understanding the legal meaning of the terms within the definition can be of the utmost importance to a defendant.  "Sexual intercourse" is the act of a penis penetrating a vagina, no matter how slight.  "Consent" only occurs when a woman understands the nature of sexual intercourse and then acts freely and voluntarily.  The law does not require a woman to physically resist intercourse in order to prosecute a defendant for rape.  Previous sexual contact within a marriage or a dating relationship does not, by itself, demonstrate consensual intercourse.  Also, the fact a woman asks a man to wear a condom does not necessarily mean the woman consents to sex.  A rape can occur even if a woman initially consented to intercourse, but changes her mind during the act and the man continues after she tells him to stop.  However, a defendant is not guilty of rape if he actually and reasonably believed the woman consented to intercourse.  A knowledgeable defense lawyer understands the terminology and can exploit the nuisances to a defendant's benefit.
 
    While unusual, there are occasions when a woman, either intentionally or innocently, falsely accuses a man of rape.  It may be a case of a woman seeking revenge for a past transgression, crafting a lie to conceal an embarrassing truth, or simply due to faulty memory distorted by intoxication or mental disease.  There are any number of reasons why a woman may fabricate an allegation of rape, unraveling the lie requires the assistance of an aggressive defense attorney who is not afraid of confronting the accuser and exposing the truth.
 
Penal Code sections 261, 261.5, 262, & 264.1

Three Strikes

“Three Strikes” has been the law in California for over a decade.  The Three Strikes law is designed “to ensure longer prison sentences and greater punishment for those who commit a felony and have previously been convicted of serious and/or violent felony offenses.”  The 1994 campaign to enact the Three Strikes Initiative was largely a result of the public uproar following the kidnap and murder of Polly Klaas.  Polly Klaas was a twelve year-old girl kidnaped from her home at knife point by Richard Allen Davis.  Davis strangled Polly to death and dumped her body at an abandoned lumber mill.  Prior to kidnaping Polly Klaas, Davis had already served time in prison on three separate occasions; first for burglary, then for sexually assaulting a woman, and finally for kidnaping and robbing another woman.  The facts behind Richard Allen Davis’ criminal record demonstrated a continuous campaign of violence and terror waged against women.  By all accounts, Richard Allen Davis is an evil miscreant.  At its heart, the Three Strikes law addresses society’s need to protect itself by removing incorrigibly evil men from its midst.
 
     Unfortunately, the Three Strikes law is often misdirected at offenders who are far removed from Richard Allen Davis’ level of depravity.  The number and variety of offenses that are considered “strikes” are too long to list here, but they are generally labeled “violent” or “serious” under California law.  However, do not let the “violent” of “serious” labels lull you into a false sense of security.  California law considers many seemingly minor crimes as “serious” offenses.  For example, a person can pick up a strike for simply threatening another person, or even discharging a gun in a negligent manner.
 
     Having a strike on your record can have very serious consequences if you suffer an additional felony conviction.  With one strike on your record, a subsequent conviction for any felony will result in double the normal prison sentence.  Not only that, but unlike most prisoners who receive a 50% reduction in their sentence for good conduct, a “one strike” offender is only eligible for a 20% sentence reduction for good conduct.  With two strikes on your record, a subsequent conviction for any felony can result in a life sentence with the possibility of parole only after serving 25 years in prison.
 
     The Three Strikes law seems fairly straightforward, but it is truly a complicated area of law that requires a great deal of knowledge in order to understand its applicability.  There are many things a savvy defense attorney can do to help a defendant avoid sentencing under the Three Strikes law.  Sometimes what is charged as a strike is in fact not a strike, and a zealous defense lawyer can challenge these erroneous strikes and get them thrown out.  Also, if the defendant is willing to accept a plea bargain, oftentimes a good defense attorney can negotiate and get the prosecutor to drop one or more of the defendant’s prior strikes.  Finally, if the prosecutor is unwilling to drop the strikes or the defendant is convicted following a trial, a defense lawyer can still convince the sentencing judge to exercise the judge’s legal discretion to disregard the strikes and grant the defendant a more humane sentence.  Considering the dire consequences a defendant faces under California’s Three Strikes law, it is wise to consult a reputable defense attorney to discover what can be done to avoid being “struck out.”


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