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 charge can occur between spouses, domestic partners, former partners or spouses, parents and children, individuals involved in a dating relationship, or the elderly.
If you are investigated, arrested or charged with a domestic violence, spousal Battery or abuse crime in San Diego, you may be sentenced to the County Jail or State Prison. The crimes of Spousal Battery 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 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 will consider prior violent offenses as well when it decides to file a felony. You need the advice of expert and skilled San Diego Domestic Violence Defense Attorneys. We are also experienced and aggressive Battery Defense Attorneys and highest rated San Diego Abuse Defense Attorneys.
As the top San Diego Domestic Abuse Lawyers, we provide the knowledge and experience critical to your defense against the charge of Domestic Abuse, Spousal Battery or Domestic Violence.
If you are contacted by law enforcement as part of their investigation &/or arrested for domestic violence, spousal abuse or spousal battery, call Spital and Associates. We are on your side! We want to work for you as your San Diego Criminal Defense Attorney 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 Domestic Violence Attorneys, present winning arguments as your personal Spousal Battery Defense Lawyers San Diego, and employ effective strategies as your San Diego Spousal Abuse Defense Attorneys to dismiss the domestic violence charges or reduce the charges to the crime of disturbing the peace. Our number one priority is to achieve a resolution you can live with.
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, Domestic Violence and Spousal Battery are serious matters, and a conviction for Domestic Abuse carries harsh penalties, such as a state prison sentence.
At Spital and Associates, as the highest rated San Diego Abuse, Battery and Domestic Violence Attorneys, we have available an experienced private investigator, including a Former FBI Special Agent. Our investigators assist in developing the defense case to charges of Spousal Battery, Spousal Abuse or Domestic Violence. 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.
If you are investigated, arrested or facing a San Diego Domestic Violence, Spousal Abuse or Sousal Battery charge in San Diego, call and speak with the Managing Attorney at Spital and 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 battery and domestic violence San Diego crime defense counsel is to present a persuasive defense as well as to establish all of the facts in mitigation, such as the following and, of course, more:
•· Actual or potential harm to the public;
•· Prior overall criminal record, if any;
•· Level of compliance with sentence and terms of probation;
•· Prior arrests of record;
•· 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;
•· Time passed since the underlying actof violence, battery or abuse and/or offense;
•· The financial benefit to the defendant, if any;
•· Whether the battery, violence, 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;
•· Whether the defendant 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, battery or spousal abuse in San Diego County;
•· The defendant did not induce others to participate in the commission of the crime of 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 abuse, battery or domestic violence crime;
•· The defendant 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 battery, abuse or domestic violence was carried out in San Diego County does not indicate planning, sophistication, or professionalism;
•· The abuse, battery or domestic violence crime 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 has not engaged in violent conduct which indicates a serious danger to society;
•· The defendant has not served a prior prison term;
•· The defendant was not on probation or parole when the crime of domestic violence, battery or abuse was committed in San Diego County.
CONSEQUENCES OF A CRIME
- County jail or state prison incarceration
- A permanent criminal record
- Significant fines
- Probation or Parole
- Mandatory anger management courses
- Losing your right to own a deadly weapon
- Unable to obtain &/or difficulty with employment
- Lifetime revocation of your California Driver's License
- 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
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 Sa 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 and 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 accuations of San Diego Child Neglect &/or Child Negelect criminal charges please call us now. If 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.
Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101
Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.
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