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| Consequences Of A Crime | Mitigating Factors |
| Defending Against Violent Crimes | Rape |
| Assault & Battery |
If you need a San Diego Homicide, Manslaughter or Violent Crime Defense Lawyer , call Spital & Associates. The prosecuting attorney often will file more serious charges when a violent act or threat was committed. As your San Diego Homicide Defense Attorney , the best defense often includes proving there are special circumstances surrounding the crime, mitigation and attaining sentencing alternatives to jail, or reduced jail time, including Anger Management Classes or Domestic Violence Counseling. For top-quality criminal defense from a skilled and effective defense lawyer, choose one of our Former Deputy Attorneys General for a homicide, assault with a deadly weapon, aggravated assault, murder, manslaughter or any other violent crime.
HOMICIDE & MANSLAUGHTER CHARGES
The prosecution will charge a defendant with homicide when there is a killing of another either intentionally or unintentionally. Criminal homicide includes both murder and manslaughter. Murder and manslaughter are separate charges even though both result in the death of another.
Non-criminal homicide occurs when the killing is in self-defense or in the case of an accident where a death occurred without a violation of law. Sometimes accidents happen and, therefore, not every case is a crime . While many individuals opine the facts warrant a criminal conviction and jail or prison, we ascertain the real cause . Moreover, when our client has done what is alleged we also determine whether the criminal penalties proposed by the prosecution are warranted.
Types of Homicide Charges in San Diego
Here are the various degrees of a criminal homicide:
1st Degree Criminal Homicide (Murder)
This is characterized by the death of another caused by the defendant with a premeditated plan to kill the other person. The prosecution can charge this crime when there is a death while a felony is being committed
2nd Degree Criminal Homicide (Murder)
This is charged as a crime when the defendant kills a person on the spur of the moment or it is done in the "heat of passion" and without any prior planning.
Voluntary Manslaughter
Here, the prosecution seeks to prove the defendant killed another person, but there is adequate provocation. The "heat of passion" is often provoked by rage, anger, terror &/or fear. Provocation must be the type that a reasonable person in the passion of the moment would lose self-control and act on impulse, without reflection.
Involuntary Manslaughter
If there is carelessness or reckless behavior that results in a killing, such as in the handling of firearms or driving of a motor vehicle, it is generally referred to as criminal negligence.
CONSEQUENCES OF A VIOLENT CRIME CONVICTION
- 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)
MITIGATING FACTORS:
Our role as your skilled, experienced and effective San Diego Murder Defense Attorneys , San Diego Manslaughter Attorneys , and Homicide Defense Lawyers San Diego is to present a persuasive and successful defense as well as to establish all of the facts in mitigation, such as the following and, of course, more:
- The defendant who is charged with homicide, manslaughter, murder, robbery, rape, assault with a deadly weapon, aggravated assault, kidnapping, and any other violent felony was not on probation or parole when the crime was committed
- Whether the defendant accused of aggravated assault, kidnapping, murder, manslaughter, homicide, rape, robbery, assault with a deadly weapon and other such acts demonstrated a high degree of cruelty, viciousness &/or callousness ;
- Whether the defendant prosecuted for rape, robbery, arson, homicide, kidnapping, aggravated assault and any other violent felony was armed with or used a weapon at the time of the commission of the crime;
- The defendant charged with homicide, robbery, kidnapping, rape, arson, murder, manslaughter, aggravated assault, assault with a deadly weapon and any other violent felony crime did not induce others to participate in the commission of the offense or occupied a position of leadership or dominance of other participants in its commission;
- Whether the defendant induced a minor to commit or assist in the commission of the crime of kidnapping, rape, robbery, homicide, arson, aggravated assault, assault with a deadly weapon, and any other violent felony;
- Whether the defendant who faces any violent felony charge including but not limited to robbery, manslaughter, murder, aggravated assault, arson, kidnapping, and homicide has not been 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 violent felony crimes do not demonstrate they were carried out with planning, sophistication, or professionalism ;
- The arson, rape, kidnapping, robbery, murder, robbery, assault with a deadly weapon, kidnapping, mansluaghter, homicide, aggravated assault, and any other violent felony crimes and offenses did not involve an attempted or actual taking or damage of "great monetary" value ;
- The defendant accused of assault with a deadly weapon, robbery, rape, kidnapping, murder, homicide, manslaughter, arson, aggravated assault and any other violent felony crimes did not take advantage of a position of trust or confidence to commit the offense;
- Whether the defendant who is charged with robbery, arson, rape, homicide, aggravated assault, murder, kidnapping, assault with a deadly weapon and any other violent felony has engaged in conduct which indicates a serious danger to society ;
- The felony crimes and/or offenses such as robbery, rape, aggravated assault, kidnapping, murder, manslaughter, homicide, assault with a deadly weapon, arson and other such violent acts and/or conduct were not c ommitted by a defendant who has previously served a prior prison term ;
- Whether the defendant who is charged with aggravated assault, robbery, arson, kidnapping, manslaughter, homicide, murder, rape, assault with a deadly weapon and other such violent crimes was suffering from a mental or physical condition that significantly reduced culpability;
- Whether the defendant who is prosecuted for robbery, aggravated assault, rape, homicide, murder, kidnapping, assault with a deadly weapon and any other violent felony is ineligible for probation ;
- Whether the defendant who is accused of kidnapping, assault with a deadly weapon, robbery, rape, murder, homicide, manslaughter, aggravated assault and any other violent felony crimes made restitution to the victim;
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Whether the arson, robbery, aggravated assault, homicide, kidnapping, rape, assault with a deadly weapon any other felony offense involved great violence, great bodily harm, threat of great bodily harm , or other acts disclosing a high degree of cruelty, viciousness &/or callousness.
Defending Against Violent Crimes:
Rape, Assault, Aggravated Assault, Armed Robbery, Murder, Homicide, Manslaughter, Attempted Murder, and Murder-for-Hire can result in a sentence to life in prison or the death penalty.
Clearly, the police, sheriff and other law enforcement agencies perform intensive and thorough investigations in serious criminal cases. You want a lawyer with the experience and the resources to handle serious felony and violent crime cases . Our associate has not only obtained a defense verdict on a murder charge, but is relentless in his desire to win your case . At Spital & Associates, we are passionate about protecting our client's Constitutional rights. We have a former Special Agent from the FBI and other private investigators to conduct a comprehensive and methodical investigation of the facts and witnesses. Moreover, we use the "war room" process to study all of the evidence to present a powerful defense.
Our job is to defend you against a powerful, organized and well-funded law enforcement and prosecution. If you or a friend is charged with robbery, rape, assault with a deadly weapon, kidnapping, aggravated assault, homicide, manslaughter, capital murder, or any other violent crime, as your defense lawyer and because we have far-reaching experience defending individuals of a variety of criminal cases, we are able to discover the evidence the prosecution has, the defenses that are available and provide you with the options and alternatives.
In summary, if you are investigated or charged with a serious or violent crime, including homicide, murder, robbery, manslaughter, kidnapping, aggravated assault, rape, battery, &/or assault with a deadly weapon, you have the right not to talk to law enforcement. We want you to talk to us FIRST.
If you believe criminal charges may be brought against you for robbery, rape, homicide, murder, manslaughter, capital murder, kidnapping, aggravated assault, assault with a deadly weapon or other violent crime, call 619.583.0350 to obtain a free consultation from Sam Spital, Managing Attorney.
You should retain our offices to review and/or investigate ALL of the facts and circumstances, and help establish mitigating facts and a defense before a criminal complaint is filed. While we do not wish to use past performance to predict future results, we have had countless numbers of cases in which we were able to present substantial evidence to the police &/or dissuade the prosecution from filing criminal charges .
Law enforcement 101 is designed to teach police officers and deputy sheriffs to catch someone off guard. Being inexperienced in police techniques and often told misleading information to gain evidence, you are unsuspecting when approached and interrogated by law enforcement. Most admissions and confessions occur because the police label the defendant as a "person of interest" so they do not have to give the Miranda warning. Our defense lawyers are able to establish whether the defendant was indeed a "suspect" and must have received a warning not to make any statements without counsel . Since law enforcement is good at getting people to talk, before you say or do anything, call Spital & Associates for a free consultation. Let us contact the police and be your advocate. Everything you say to us is confidential.
Remember, you are deemed innocent until and unless proven guilty beyond a reasonable doubt.
RAPE
Aside from clearly non-consented sex, as your San Diego Rape Defense Attorney , this may be a case where you reasonably believe there was "consensual" sex, only to be accused by the sex partner of misunderstanding true desires, and committing the sex act against her wishes. Criminal penalties for rape are severe and very often the alleged "victim" is given every benefit of doubt as to any misunderstandings over whether or not the sex was consensual. On January 06, 2003, the California Supreme Court defined rape as continued sexual intercourse after the partner demands one stop. Hence, a withdrawal of consent nullifies any earlier consent and subjects a defendant to forcible rape charges if he persists in what now will be deemed non-consensual sexual intercourse.
DATE RAPE
If you call us as your San Diego Date Rape Defense Lawyer , even if this is "non-consensual" sex in which physical force or a date rape drug such as Ecstasy or Ketamine was used to overcome the resistance of an unwilling participant to the sex act, we will look for extenuating or mitigating circumstances and assert appropriate defenses as well.
ASSAULT & BATTERY
Are you facing criminal assault charges? Assault with a deadly weapon? Aggravated Assault? Did you intend to use force or violence against someone else? Were you protecting yourself? The highest rated assault defense attorneys at Spital & Associates in San Diego, California, are dedicated to helping you stand up for your rights. Our goal is to protect our clients and keep their records clean, to the greatest extent possible.
Need a Strong Defense Against Assault Charges? Call Us 24 Hours a Day 7 Days a Week at 619-583-0350 - "A Law Firm That Cares!" Since 1971.
Our assault criminal defense attorneys have been doing this for a long time. We know the ins and outs of criminal defense and the strategies that bring results. Founder Samuel Spital has more than 35 years of legal experience, including experience as a criminal prosecutor. He uses that experience to relentlessly fight for his clients' individual needs and rights.
What Is Assault and Battery?
Assault and battery is a " violent crime " that can be charged as a felony or a misdemeanor, depending on the nature and extent of injury to the other person. For example, a minor injury assault and battery case is likely a misdemeanor.
There are two types of assault :
- Simple assault : A simple assault is a threat of bodily harm without the use of a weapon or dangerous instrumentality.
- Aggravated assault : When someone uses a weapon and threatens great bodily injury, they can be charged with aggravated assault or assault with a deadly weapon.
You DO NOT have to hit someone to face assault charges. If you allegedly touched someone, you may face charges for battery (simple battery or aggravated battery).
Defense Against Assault & Battery Charges in San Diego
To prove assault, the prosecution must show that you intended to hurt someone. If you didn't intend it, you have a defense. You also have a defense if you were acting in self defense, defending someone else or defending certain property.
Did you, in fact, harm the person? Was the other person the aggressor? Did he or she lie? We will look at all of the evidence and provide your side of the story to the prosecutors or the court.
If you are guilty of assault and the evidence is against you, our California defense attorneys will focus on negotiating alternative sentencing with the prosecutors. We can also fight to have the charges reduced (for example, from a felony to a misdemeanor).
Contact Us to Start Your Aggressive Defense Today
You can contact us 24 hours a day, 7 days a week. Call 1-619-583-0350. We return phone calls promptly. Contact Sam Spital & Associates for a free consultation about your assault charges with our experienced San Diego criminal defense lawyers.
Call 7 days a week at any hour or send an e-mail now.
