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San Diego, CA 92108
Telephone: 619-583-0350
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San Diego, CA 92101


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San Diego, CA 92101

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San Diego Domestic Violence Attorneys

You are here: Home : >> Domestic Violence :
  • Domestic Violence
  • Mitigating Factors
  • Consequences of a Crime

  • Child Abuse & Child Neglect

     

    Domestic Violence:

    In some cases the charge is spousal battery. As your highest rated San Diego Domestic Violence Defense Attorneys and Top San Diego Spousal Battery Defense Lawyers we are aware this arrest and charge can occur in the following situations:

    1. Between a current spouse or former spouse in San Diego;
    2. Between domestic partners in San Diego;
    3. Between a current cohabitant or former cohabitant
    4. Between former domestic partners in San Diego;
    5. Between parents (and/or grandparents) and children;
    6. Between individuals involved in a current or former dating relationship;
    7. Between an individual and the elderly.

    If you are investigated, arrested or charged with a San Diego domestic violence crime, San Diego Spousal Battery or San Diego Spousal Abuse crime, you may be sentenced to the County Jail or State Prison.

    Felony and Misdemeanor Spousal Abuse Charges in San Diego

    The crimes of Spousal Battery, Spousal Abuse and Domestic Violence can be charged as a misdemeanor or felony, most frequently in San Diego depending upon the injuries. If there is a minor injury, it is commonly filed as a misdemeanor; in contrast, if the victim of spousal battery, spousal abuse or domestic violence sustained a major injury such as a broken bone or cut to their face or body, it will be charged as a felony.

    The prosecution in a spousal abuse, domestic violence or spousal battery case will consider prior violent offenses as well when they decide to file a felony.

    You need the advice of expert and skilled San Diego Domestic Violence Defense Attorneys. We are also experienced and aggressive Spousal Battery Defense Attorneys and highest rated San Diego Spousal Abuse Defense Attorneys.

    Types of Domestic Violence Charges in San Diego

    As the top San Diego Domestic Violence Domestic Abuse Spousal Battery Spousal Abuse Lawyers, we provide the knowledge and experience critical to your defense against the following charges:

    • Domestic Abuse
    • Spousal Abuse
    • Spousal Battery
    • Domestic Violence
    • Corporal Injury
    • Intimate Partner Violence

    If you are contacted by law enforcement as part of their investigation &/or arrested for San Diego domestic violence, a San Diego spousal abuse offense , corporal injury or San Diego spousal battery, call the distinguished lawyers at Spital & Associates. We are on your side! We want to work for you as your San Diego Domestic Violence Spousal Abuse Spousal Battery Defense Attorneys to protect your constitutional rights.

    Do not answer any questions until you consult with us.

    We will provide an aggressive defense as your San Diego Spousal Abuse Spousal Battery Domestic Violence Attorneys and present winning arguments.

    Defense Against Domestic Violence Charges in San Diego

    As your personal Spousal Battery Domestic Abuse Domestic Violence Spousal Abuse Defense Lawyers San Diego, we employ effective strategies to dismiss the domestic violence charges spousal battery offense spousal abuse case or we seek to reduce these charges to the crime of "disturbing the peace."

    Our number one priority is to strategize with you on short and long term goals to achieve a resolution you can live with.

    Domestic Violence Charges and Penalties

    • Penal Code 422 - Anyone who threatens to commit a crime resulting in death or great bodily injury to another person , made in writing, by electronic means or verbally, will be punished with up to one year in county jail or state prison
    • Penal Code 243 (a) - A battery is punishable by a fine of up to $2,000, or up to six months in County Jail, or by fine and jail.
    • Penal Code 273 (5) - Anyone who willfully inflicts injury upon their current or former spouse, current or former cohabitant, or the mother or father of a shared child, is guilty of a felony , punishable by (a) up to four years in the state prison; (b) up to one year in County Jail; (c) with a fine of up to $6,000; or (d) fine and imprisonment.
    • Penal Code 273d (a) - Anyone who willfully inflicts any cruel or inhuman corporal punishment upon a child [or an injury resulting in a traumatic condition] is guilty of a felony punishable by (a) up to six years in the state prison; (b) up to one year in the County Jail; (c) with a fine of up to $6,000; or (d) fine and imprisonment .

    • Penal Code 245 (a-1) - Anyone who commits an assault upon a person with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished (a) up to four years in the state prison; (b) up to one year in the County Jail; (c) with a fine of up to $10,000; or (d) fine and imprisonment .

    Sentencing for Domestic Violence Charges in San Diego

    In sentencing a defendant for a conviction of Spousal Abuse, Domestic Violence or Spousal Battery in San Diego County, the Superior Court generally will impose a 12 month Domestic Violence course, and often also impose a "stay away" order keeping the victim and you from any contact .

    In San Diego Spousal Abuse arrests, San Diego Domestic Violence charges, Intimate Partner Violence and San Diego Spousal Battery offenses, these are serious matters, and a conviction for these offenses, carry harsh penalties, such as a state prison sentence.

    At Spital & Associates, as the highest rated San Diego Spousal Abuse, Spousal Battery and Domestic Violence Attorneys, we have available an experienced private investigator, including a Former FBI Special Agent. Our investigators assist in developing a compelling defense case to charges of Spousal Battery, Spousal Abuse offense or Domestic Violence arrest.

    We will argue factors in mitigation on your behalf seeking the San Diego Superior Court to impose alternative sentencing, such as probation and counseling, rather than incarceration in state prison, and/or temporary supervised visitation instead of a permanent "stay away" order.

    Speak to a San Diego Domestic Violence Attorney Today!

    If you are investigated, arrested or facing a San Diego Domestic Violence, San Diego Spousal Abuse or San Diego Spousal Battery charge, call for a free consultation and speak with the Managing Attorney at Spital & Associates... 619.583.0350 or send an e-mail now so that we can help.

    MITIGATING FACTORS:

    Our role as your skilled, experienced and effective San Diego spousal abuse, San Diego spousal battery and domestic violence San Diego crime defense counsel is to present a persuasive and powerful defense as well as to establish all of the facts in mitigation, such as the following and, of course, more:

    • As your San Diego criminal defense attorneys we will emphasize the absence of actual or potential harm to the public because of the spousal battery spousal abuse or domestic violence;
    • Prior overall criminal record, if any of the defendant in the domestic violence spousal battery or spousal abuse case;
    • Level of compliance with sentence and terms of probation in the San Diego spousal abuse spousal battery domestic violence crime;
    • Prior arrests of record of the defendant charged with a San Diego spousal battery domestic violence or spousal abuse ;
    • Number and/or variety of current San Diego domestic violence, spousal battery or spousal abuse violations or charges (counts);
    • Nature and severity of the spousal abuse, spousal battery or domestic violence offenses in San Diego County or crimes under consideration;
    • Rehabilitation and remorse of the San Diego domestic violence crime spousal battery or spousal abuse defendant;
    • Time passed since the underlying act of violence, battery or abuse and/or offense;
    • The financial benefit to the defendant, if any in the San Diego spousal abuse spousal battery or domestic violence crime;
    • Whether the San Diego spousal battery, domestic violence, spousal abuse &/or related conduct demonstrated cruelty;
    • Whether the defendant was suffering from a mental or physical condition that significantly reduced culpability for the crime of spousal battery, domestic violence or spousal abuse in San Diego County;
    • Whether the defendant is ineligible for probation in the San Diego spousal abuse spousal battery domestic violence crime;
    • Whether the defendant in the San Diego spousal battery charge domestic violence offense spousal abuse crime made restitution to the victim;
    • Whether the spousal battery, spousal abuse or domestic violence crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness &/or callousness;
    • The defendant was not armed with or used a weapon at the time of the commission of the crime of domestic violence, spousal battery or spousal abuse in San Diego County;
    • The defendant did not induce others to participate in the commission of the crime of spousal battery, spousal abuse or domestic violence in San Diego County or occupied a position of leadership or dominance of other participants in its commission;
    • The defendant did not induce a minor to commit or assist in the commission of the spousal abuse arrest, spousal battery offense or domestic violence crime;
    • The defendant the San Diego domestic violence offense spousal battery charge spousal abuse crime was not convicted of other crimes for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed.
    • The manner in which the crime of spousal battery, spousal abuse or domestic violence was carried out in San Diego County does not indicate planning, sophistication, or professionalism;
    • The domestic violence crime spousal abuse arrest spousal battery offense did not involve an attempted or actual taking or damage of great monetary value;
    • The defendant did not take advantage of a position of trust or confidence to commit the offense of domestic violence, abuse or battery;
    • The defendant in the San Diego spousal battery offense domestic violence charge spousal abuse crime has not engaged in violent conduct which indicates a serious danger to society;
    • The defendant in the commission of the spousal abuse arrest, spousal battery offense or domestic violence crime has not served a prior prison term;

    • The defendant was not on probation or parole when the crime of domestic violence, spousal battery or spousal abuse was committed in San Diego County.

    CONSEQUENCES OF A ABUSE DOMESTIC VIOLENCE CRIME

    • County jail or state prison incarceration for the defendant in the San Diego spousal battery case spousal abuse offense domestic violence crime
    • A permanent criminal record for the defendant in the San Diego spousal battery offense domestic violence charge spousal abuse crime
    • Significant fines in the San Diego spousal abuse offense spousal battery case domestic violence crime
    • Probation or Parole for the defendant in the San Diego spousal battery conviction spousal abuse crime domestic violence charge
    • The defendant in the San Diego domestic violence charge spousal battery conviction spousal abuse crime faces mandatory anger management courses
    • Losing your right to own a deadly weapon in the San Diego spousal battery case domestic violence crime spousal abuse offense
    • Unable to obtain &/or difficulty with employment
    • Lifetime revocation of your California Driver's License for the defendant in the San Diego domestic violence charge spousal battery conviction spousal abuse crime

    • Being subject to denial of a State Board license or having your professional license suspended or revoked (see http://www.spitalaw.com/ - Professional Licensing)

    CHILD ABUSE, CHILD NEGLECT AND SEX CRIMES

    If you are investigated, arrested &/or charged with child abuse, child molestation, child sexual abuse, child pornography, internet child porn and/or internet sex crimes, you should call the highest rated San Diego child crime defense attorneys at Spital & Associates .

    Some of the crimes against children include:

    • Child pornography : Child porn laws were passed by the California Legislature to make it illegal to print, exchange, or possess pornography containing a minor engaged in sexual conduct.
    • Internet crimes against a child : It is illegal in California for an adult to contact a child via the Internet to persuade them to leave their home &/or to engage in sexual activity.
    • Internet sex crimes : These crimes arise when sexual predators use the internet to communicate via email or through social networks to lure children (also, adults may be victims) into sexual conduct. They are rapidly increasing, but law enforcement using sting operations have been able to make arrests and reduce such illegal activity and the number of sex crimes.
    • Cyber stalking : This is unwanted harassment the use of threats and/or intimidation of another via the Internet. It can be charged as a felony or a misdemeanor.

    At Spital & Associates, we want to determine both the basis of the complaint and from whom it stems, such as from a family member, including a former spouse &/or angry relative motivated to hurt our client. The complaint to law enforcement may have also been made by a current or former co-worker &/or neighbor.

    Child Abuse: You can be investigated or charged with the crime of Child Abuse in San Diego County if law enforcement and the prosecution determine the Child Abuse offense took place between a parent and a child, domestic partners, former partners or former spouses.

    The prosecution must prove intent.

    Hence, a mere negligent act or omission alone will not be sufficient for the prosecutor to win the case, whether for child abuse or child neglect in San Diego County.

    On the other hand, gross negligence or recklessness can be sufficient.

    Most Child Abuse cases in San Diego County involve physical harm or injury to the child, although at times psychological harm is the basis in whole or part for the crime of Child Abuse or Child Neglect.

    By California law, it is required that health professionals, physicians, teachers and law enforcement personnel report incidents of child abuse they observe or suspect in San Diego County.

    At Spital & Associates, as your top San Diego Child Abuse Defense Attorneys , we will employ a private investigator, forensic psychologist and neuropsychologist as needed and appropriate to develop a winning defense strategy. At your sentencing for the child abuse crime, we will stress factors in mitigation, and seek probation, individual and family counseling and parent training classes.

    Child Neglect: If you are investigated, arrested or facing accusations of San Diego Child Neglect &/or Child Neglect criminal charges please call us now. I

    f there is a Child Neglect investigation, arrest or charges of a (Criminal and/or CPS) Child Neglect case in San Diego County, contact top San Diego Child Neglect Lawyers.

    You will speak with the Managing Attorney for any San Diego Child Abuse or San Diego Child Neglect crime by calling 619.583.0350 or send an e-mail now so that we can help.

     


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