WHAT IF I AM INVESTIGATED, ARRESTED &/OR CHARGED WITH DOMESTIC VIOLENCE OR SPOUSAL ABUSE?
Domestic violence can occur between spouses, domestic partners, former partners or spouses, parents and children, individuals involved in a dating relationship, or against the elderly. If you are investigated, arrested or charged with a domestic violence crime in San Diego, California, you may be facing time in county jail or state prison. These crimes can be charged as a misdemeanor or felony, most frequently depending upon the injuries. Minor injuries commonly result in misdemeanor charges; in contrast, if a major injury such as a broken bone or laceration to the 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. When facing domestic violence issues, you need the advice of skilled San Diego Domestic Violence Lawyers.
At Spital and Associates, we regularly use an experienced private investigator to assist in developing the defense case. One of our private investigators is a former FBI agent and quite skilled in assisting us in the presentation of our case. We will argue mitigating factors on your behalf, seeking that the court impose alternative sentencing. Alternatives may include probation and counseling, rather than state prison time, and/or temporary supervised visitation instead of a permanent "stay away" order.
We provide the knowledge and experience critical to your defense against these charges. If you are investigated or arrested for domestic violence or battery, call your San Diego Domestic Violence Attorneys at Spital and Associates to work for you as your San Diego Criminal Defense Attorneys in order to protect your constitutional rights. Do not answer any questions until you consult with us or another experienced criminal defense attorney. We will provide an aggressive defense to attempt a reduction in the charges or a dismissal of the domestic violence case. Our number one priority is to achieve a resolution you can live with. In sentencing, the court will impose a twelve month domestic violence course, and often a "stay away" or restraining order keeping the victim and you from any contact. In California, domestic violence is a serious matter, and a conviction for domestic abuse carries harsh penalties, such as a state prison sentence.
One of our San Diego Domestic Violence Attorneys or San Diego Domestic Abuse Lawyers will explain your rights, whether you are the defendant being charged with this crime or wish help in bringing a claim against your abuser. We represent both defendants and victims in all types of domestic violence, including the following:
- Physical Abuse
- Psychological Abuse
- Sexual Abuse
- Financial Abuse
- Verbal Abuse
- Spousal Abuse
- Child Abuse
- Elder Abuse
- Assault & Battery
- Verbal Threats & Assault
- False Imprisonment
- Stalking
- Harassment
Domestic violence or domestic abuse includes assault, threats, battery, or causing or threatening physical harm to an individual in a close relationship. Domestic violence may involve harm to the following:
- Spouse
- Former spouse
- Girlfriend/boyfriend
- Cohabitants
- Domestic partners
- Parents
- Children
If you are investigated, arrested &/or facing a domestic violence charge in San Diego, you need to know the court may issue a restraining order , even against the alleged victim's will, restraining the defendant who is convicted of a domestic violence charge from having any contact with this individual for up to 10 years. If you are in a situation in which you are being investigated, have been arrrested &/or face domestic violence charges in San Diego, we recommend you contact us at 619.583.0350 or send an e-mail now so that we can explain your rights and help you get through this very difficult time in your life.
In California, domestic violence and domestic abuse cases are often prosecuted even if the alleged victim does not want the charges to be filed. The prosecutor can exert a tremendous pressure on the alleged victim to testify by threatening to file criminal charges against him/her for "filing a false police report" if there is a refusal to testify or he/she recants (attempt to retract) on the original statement given to law enforcfement. Our DV Attorneys are highly respected by prosecutors, judges, court clerks and court reporters and Deputy Sheriffs. As knowledgeable and experienced domestic abuse attorneys, we have the respect of the prosecutors handling these cases, and have the unique ability to negotiate with them to pave a way to help avoid the filing of DV charges, to get DV charges dismissed or reduced, or resolve the case in a satisfactory manner for our clients
WHAT IF I AM INVESTIGATED, ARRESTED &/OR CHARGED WITH CHILD ABUSE?
Child abuse can occur between a child and a parent, 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. On the other hand, gross negligence or recklessness can be sufficient. Most cases involve physical harm or injury to the child, although at times psychological harm is the basis in whole or part for the crime.
By law, it is required that health professionals, physicians, teachers and law enforcement personnel report incidents of child abuse they observe or suspect. At Spital and Associates, your San Diego Child Abuse Defense Lawyers will employ a private investigator, forensic psychologist and neuropsychologist as needed and appropriate to develop the defense strategy. At sentencing, we will stress factors in mitigation, and seek probation, individual and family counseling and parent training classes.
If you are investigated, arrested &/or facing child abuse charges, contact us at 619-583-0350 or send an e-mail now so that we can help.
Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, Ca. 92108-1642
Telephone: 619-583-0350
E-mail
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
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