If you need a San Diego Violent Crime Defense Lawyer, call Spital and Associates. The prosecuting attorney often will charge more serious crimes when a violent act or threat was committed. As your San Diego Defense Attorney, the best defense often includes proving the special circumstances surrounding the crime to the court, mitigation and attaining sentencing alternatives to jail, or reduced jail time, including Anger Management Classes or Domestic Violence Counseling.
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
As your San Diego Assault Battery Defense Attorney, we will defend you against a charge of using force or violence on another. The prosecution must prove intent. Hence, an act in self defense or defense of others and/or defense of property often is the basis for the defense case. Obviously, if there was a accident or negligent act that resulted in bodily injury it too is another defense strategy. These crimes can be charges as misdemeanors or felonies. The nature and extent of the injury to the victim is a key element the prosecution looks at when determining whether to file the case as a felony. Minor or no injury cases are generally filed as misdemeanors.
We will employ an experienced private investigator to assist in the preparation and presentation of the defense case. We will look for possible victim bias, history of lying, and search for witnesses who may help disprove our client was the aggressor.
If you are investigated, arrested or are facing a Violent Crime Charge, contact us as your San Diego Violent Crime Defense Lawyer at 1-888-600-8088 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
Toll Free: 1-888-600-8088
Fax. 619-583-1850
E-mail