If you want to talk to one of our San Diego Violent Crime Defense Lawyers, call Spital and Associates. Violent crimes, such as rape, murder, manslaughter, robbery, kidnapping, hate crimes, terrorist threats, car jacking, and domestic violence, are very serious . Violent crimes tend to involve the most complex set of facts and, of course, can result in severe legal consequences. The penalty can lead to life imprisonment. Even if you are innocent of the violent crime you have been charged with, get a smart, tough and experienced attorney to fight for you. Call Spital and Associates 24/7 to speak to one of our personal San Diego Criminal Defense Attorneys.
We handle criminal defense cases in the Superior Court of California as well as the United States District Court (Federal Crime Defense Practice)
The prosecuting attorney often will charge more serious crimes when a violent act or threat was committed. As your personal San Diego Violent Crime Attorneys, the best defense often includes proving there are 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.
MURDER & MANSLAUGHTER
Being investigated for or charged with a homicide can result in a complaint for murder or the lesser crime of manslaughter. These cases require a highly skilled, experienced, and knowledgable lawyer.
Murder is the killing of a human being (or fetrus) with "malice aforethought," which means there is a conscious mental state or such reckless abandon that the intent can be implied.
At Spital and Associates, we will assign a trial lawyer who is dedicated to resolving your case, using a multitudenous number of legal strategies, resources and a team of investigators, photographers and forensic experts. It is critical you retain counsel immediately to aggressively preotect your rights and advance your interests. Time is of the essence in these cases because the stakes can involve the death penalty or life imprisonment. Moreover, the crime scene and issues regarding DNA and other physical evidence must also be examined, documented, analyzed and evaluated by the most experienced experts.
It is critical to not only investigate the physical evidence but possible witnesses as well. The police will have performed or are in the process of performing their investigation -- often yielding hundreds of report pages, but the task for the defense is just beginning; we want to establish our defense at the outset &/or create doubt in law enforcement's case.
TYPES OF HOMICIDE:
First Degree Murder - This is the willful, deliberate and premeditated killing (defined as the unlawful killing of a human being with malice aforethought); lying in wait; using torture; poison; destructive device or firearm; or any killing while performing another crime, such as rape, robbery, burglary, arson, kidnapping, carjacking, or a violent or sexuallyy related crime. The penalties range from a death sentence to life in prison without parole if there are any "special circumstances " including but not limited to the following: purpose was financial gain; prior murder conviction; during an escape; destructive device used; law enforcement officer victim; crime witness as a victim; a cruel and depraved killing; lying in wait; killing because of race or other constitutionally protercted class of people, etc. In limited cases, the penalty can be 25 years to life.
Second Degree Murder - California treats those homicides committed during the course of felonies not otherwise specified in the statute (see examples above) as second-degree felony murder cases. These crimes are deemed "inherently dangerous to human life." Often, first degree murder cases that cannot be established as such are deemed second degree. An example is a death from driving under the influence. The penalty can range from 15 years to life in prison; the period of time can be longer where the prosecutor alleges a prior homicide or the use of a firearm, etc.
Manslaughter - This is a homicide without malice, such as a killing in the "heat of passion."The maximum penalty is 12 years in prison. A Murder charge can be reduced to Manslaughter.
The crime of "Voluntary" Manslaughter usually occurs when the killing is an over-reaction to an event or there is excessive force (killing) under some sort of provocation. It is to be distinguished from "Involuntary Manslaughter," which killing occurs during a crime that is not a felony &/or is due to extreme recklessness (entitled "criminal negligence"). "Vehicular Manslaughter" arises from the use of an automobile accident (such as a DUI that was not charged as Second-Degree Murder).
Felony Murder Rule - In California, under Penal Code section 189, any homicide committed during the course of a specified felony (such as rape, robbery or burglary) is treated as first-degree murder. Whether the defendant is the direct killer or an accomplice, the felony murder rule is a tool widely used by the prosecution. A former Justice on the California Supreme Court labeled this with disfavor as a form of "strict criminal liability." Nonetheless, the felony murder rule requires that the underlying felony must be an independent crime as opposed to an inherent part of the homicide . The exception to this requirement is when the underlying crime itself is committed with a separate intent from that of the homicide. The penalty in felony murder cases is subject to a defense argument that it violates the prohibition against cruel and unusual punishment.
In summary, one need not have been the direct killer, accused of actually killing anyone under the felony murder rule to get the death penalty. One may be an accomplice (deemed to have aided and abbeted) to the underlying crime and, unknowingly, be sentenced to life in prison or death for the homicide. Of course, arguments exist to bring the penalty down to 25 years to life. In the case of the later sentence, the defendant has at least an opportunity to go before the Parole Board to argue to be paroled.
Here are some of the arguments that can be made in a State or Federal appeal, writ of habeas corpus, or at a Parole Hearing: (1) "the defendant has been fully rehabilitated and should be paroled;" (2) the time served is ample to deter others including the defendant from crime; (3) the defendant is otherwise suitable for release from State Prison; and, (4) the prosecution did not prove the defendant (accomplice) "intended to kill" or was a "major participant" in the underlying crime and also acted with "reckless indifference for life;" therefore the conviction should be reversed
Our role as your San Diego Murder Defense Attorneys in the trial of a client and/or in their State or Federal appeal, among other things, is to: (a) argue insufficency of evidence (failure to prove the case beyond a reasonable doubt); (b) argue evidence was inadmissible; (c) argue the court arbitraily refused to allow evidence to be permitted to be heard/entered; (d) determine that other procedural or substantive rules or laws were violated; (e) argue and establish one of many affirmative defenses that are applicable to criminal cases (such as incompetency, insanity, duress, intimate partner battering [formerly labeled batterred women's syndrome]), etc. &/or (f) present evidence to establish incompetency of defense counsel, etc. In simple terms, we painstakingly review every aspect of a case to determine if any rule was misapplied or either or both the court and prosecutor abused their discretion (such as a District Attorney withholding evidence).
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.
KIDNAPPING
The physcial movement of a person to a location or detention at a location may be deemed to consitute Kidnapping. Whle the crime seems to imply the taking of a young person, it has long ago been expanded and includes a victim of any age. The prosecution may combine a charge of Domestic Violence with Kidnapping if the alleged victim is being held against their will, confined &/or restrained; today, if the victim is forced to move for any distance it may be sufficient for the District Attorney to charge this crime. While ransom was historically one of the reasons a person's freedom was challenged, today even a threat of harm may be sufficient to constitute kidnapping when a person is held against their will or moved. For a free consultation with one of our experienced and personal San Diego Kidnapping Defense Lawyers, call Spital and Associates now.
TERRORIST THREATS
More and more crimes are being "charged" as terrorist threats than before. Typically, a terrorist threat is conduct, acts of violence &/or threats of violence against another individual (&/or group of persons) because of his or her religious beliefs, political affiliation, national origin and increasingly gender &/or sexual orienation. Intimidation (causing fear ) is a common element in these crimes.
Often, when one thinks about this crime he or she recalls to memory the "9/11" terrorism against massive numbers of civilians. But, terrorism against airplanes, public buildings, trains and bridges is not limited to large public places and/or entities. It can include hate crimes, school violence, bomb threats, and domestic violence. There does not have to be actual physical harm, and a reasonable fear of harm may suffice as long as an intent to cause great bodily injury can also be proved. The penalty for this crime, if proven beyond a reasonable doubt, can include State Prison, a very large monetary fine, and restitution to the victim(s). Probation and parole may be possible, but depend upon the severity of the crime. For more information and a free consultation with our personal and knowledgable San Diego Terrorist Crime Defense Attorneys, call Sam Spital and Associates.
HATE CRIMES
The prosecution is charging hate crimes with increased frequency as a result of verbal or written threats, a physical assault and/or a physical battery. The crime can be against a person, political group, religious group and/or an individual's property if there is violence and the District Attorney claims the accused had personal bias . The prosecutor alleges the bias is against another person's race, religion, gender, disability, national origin,or group association. The penalties are severe in that a Judge may order County Jail or State Prison depending upon the facts and circumstances; in addition, there may be monetary fines and restitution to the victim, the latter to include lost wages, medical bills, psychological care for emotional harm, and physical damages.For more information, call Spital and Associates for your personal San Diego Hate Crime Defense Lawyers.
CARJACKING
Carjacking is a crime in California wherein the accused is charged with stealing a vehicle while the owner is present.This crime seems to be on the rise due to the increased use of anti-theft devices, car alarms, and the difficulty associated with stealing an unoccupied vehicle. It is deemed a violent crime because the alleged victim is forced out of his or her vehicle or there is some form of coercion (usually with a knife, gun or other weapon).
As your San Diego Carjacking Defense Lawyers, we strive to develop a strong defense and introduce mitigating facts and circumstances. Our goal is to obtain a defense verdict or avoid a State Prison sentence. Alternatives may include probation, monetary fines, community service, work furlough and/or home arrest.
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 charged 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.
There are two types of Assaults. A Simple Assault is a threat of bodily harm without the use of a weapon or dangerous instrumentality. When there is violence or a threat of great bodily injury and the use of a weapon, it is charged as an Aggravated Assault . When the accused actually touches and makes physical contact with the victim, it is charged as a Battery.Just as in the case of an assault, there can be a Simple Battery as well as an Aggravated Battery .
DEFENSES - MITIGATION
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 (crime of passion). Additionally, we seek to introduce mitigating facts and circumstances where applicable.
OUR FOCUS IS ON SENTENCING ALTERNATIVES AS WELL There are many creative sentencing alernatives that can be presented to maximize the benefits to oru clients.
Finally, there are Post Conviction Relief. Even if you are charged with a felony, it does not mean an aggressive defense cannot turn the felony into a misdemeanor. Similarly, being convicted of a felony in the case the charge could have been a misdemeanor will permit us to seek post conviction relief and have the felony reduced to a misdemeanor (these are called "wobblers"), and then have the conviction dismissed. See our section devoted to Probation and Sentencing.
If you are investigated, arrested or are facing a Violent Crime Charge, contact Sam Spital and Associates us as your San Diego Violent Crime Defense Lawyers at 1-619-583-0350 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
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