- Mitigating Factors
- Consequenses of a Crime
- Molestation
- What are the Defenses to a Molestation Charge?
As your San Diego Criminal Defense Attorney, we represent individuals charged with SEX CRIMES and aggressively defend your rights in court.
If you are accused of a sex crime, call a San Diego Sex Crimes Attorney who is experienced in handling these crimes. The defense of date rape, indecent exposure, molestation, obscene conduct, rape, prostitution, stalking, sexual assault and other sex crimes often involves your word against another and there may be little corroborating evidence. We have experienced private investigators to help prove your innocense &/or establish your defense; a private investigator who will work on uncovering evidence that may indicate the charges are either false or that someone else actually committed the crime. Our strategy also includes seeking to uncover evidence of victim bias and/or a history of lying by the victim. We use a forensic psychologist as an expert witness as part of our strategy as well.
We represent individuals charged with a wide variety of sex crimes, including:
- Date Rape
- Indecent Exposure
- Obscene Conduct
- Pedophilia
- Possession or Distribution of Pornography
- Prostitution
- Rape
- Sexual Abuse
- Sexual Assault
- Stalking
- Statutory Rape
- Molestation
MITIGATING FACTORS:
Our role as your skilled, experienced and effective sex 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 violations or charges (counts);
•· Nature and severity of the offenses or crimes under consideration;
•· Rehabilitation and remorse;
•· Time passed since the underlying act and offense;
•· The financial benefit to the defendant, if any;
•· Whether the conduct demonstrated cruelty;
•· Whether the defendant was suffering from a mental or physical condition that significantly reduced culpability for the crime;
•· Whether the defendant is ineligible for probation;
•· Whether the defendant made restitution to the victim;
•· Whether the 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;
•· The defendant did not induce others to participate in the commission of the crime 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 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 was carried out does not indicate planning, sophistication, or professionalism;
•· The 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;
•· 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 was committed
CONSEQUENCES OF A CRIME
- County jail or state prison incarceration
- A permanent criminal record
- Significant fines
- Probation or Parole
- Mandatory courses or classes
- Registration as a sex offender and published on the internet
- Unable to obtain &/or difficulty with employment and housing
- 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)
Molestation
Child molestation or sexual abuse charges are very serious and require the attention of an experienced criminal defense attorney. If you are facing these types of charges, your freedom, reputation and future are all in jeopardy. Unfortunately for many individuals arrested on child molestation charges, they are quickly found guilty in the court of public opinion and can be subject to harassment, social condemnation and prejudice for the rest of their lives.
At Spital and Associates in San Diego, California, we are your personal and dedicated San Diego Molestation Criminal Defense Lawyers that aggressively stand up for our clients' rights throughout the entirety of a child molestation defense case. We are committed to thoroughly investigating our clients' cases to determine the best way in which to seek a resolution to the situation. Before one can be convicted, there must be evidence beyond a reasonable doubt of unwanted sexual conduct. Enlisting our help early on in your case can aid in protecting your reputation and rights.
We confidently handle a wide range of child sex crime cases for clients across the San Diego area, including:
- Child molestation
- Sexual abuse
- Indecent exposure
- Sexual assault
- Rape
- Child pornography
- Internet solicitation of a minor
Being convicted of a sex crime, particularly those involving children, may require you to register as a sex offender for the rest of your life (RSO). This can prevent you from living your life in an otherwise normal fashion, obtaining a job and finding housing of your choice. Our firm works hard to defend your rights in order to see that justice is served. Call us now to speak with one of our San Diego Sex Crime Defense Attorneys.
WHAT ARE THE DEFENSES TO A MOLESTATION CHARGE?
Like all criminal cases, there are a plethora of defenses that can be argued. At Spital and Associates, as your San Diego Criminal Defense Attorney, we will assert all available defenses on your behalf. In adddition, in many child molestation cases the accusations are unfounded or simply false. A minor child may allege that an adult engaged in inappropriate touching or other conduct that never actually happened or that was completely misinterpreted. Through careful examination of the case, the situation in which the alleged molestation took place, and investigation into the alleged victim and his or her family, we can determine the validity of any accusations and begin to build a defense on your behalf.
If you are investigated, arrested or charged with a Sex Crime, contact San Diego Sex Crime Defense Attorney at 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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