In some cases the charge is spousal battery. As your highest-rated San Diego domestic violence Lawyers, we are aware this arrest and charge can occur when any form of abuse takes place:
- Between current spouses or former spouses;
- Between domestic partners;
- Between current cohabitants or former cohabitants
- Between former domestic partners;
- Between parents (and/or grandparents) and children;
- Between individuals involved in a current or former dating relationship;
- Between an individual and an elderly person.
If you are being investigated for, or have been arrested for or charged with a domestic violence, Spousal Battery or Spousal Abuse crime, you may be sentenced to the County Jail or State Prison.
Felony and Misdemeanor Spousal Abuse Charges
The crimes of Spousal Battery, Spousal Abuse and Domestic Violence can be charged as misdemeanors or felonies, depending upon the injuries. If there is a minor injury, it is commonly filed as a misdemeanor; in contrast, if the victim of these crimes sustained a major injury such as a broken bone or cut to his or her face or body, it will be charged as a felony.
In any of the above cases, the prosecuting attorney will consider prior violent offenses as well when he or she decides to file a felony charge.
You need the advice of expert and skilled domestic violence defense attorneys in San Diego, CA. At Spital & Associates, we are also experienced in Spousal Battery and Spousal Abuse cases.
Types of Domestic Violence Charges
As your San Diego domestic violence awyer, we provide the knowledge and experience critical to your defense against the following charges:
- Domestic Abuse
- Spousal Abuse
- Spousal Battery
- Domestic Violence
- Corporal Injury
- Intimate Partner Violence
If you are contacted by law enforcement or face criminal charges for abuse, corporal injury battery or domestic violence, call the San Diego domestic violence defense lawyers at Spital & Associates. We are on your side! We want to protect and advance your constitutional rights.
Do not answer any questions until you consult with us.
We will provide an aggressive defense and present winning arguments.
Defense Against Domestic Violence, Abuse and Battery Charges
We are passionate about our criminal clients and will employ effective strategies to dismiss these charges or seek to reduce the crime to “disturbing the peace.”
Our number one priority is to strategize with you short and long-term goals to achieve a resolution you can live with.
Domestic Violence Charges and Penalties
- Penal Code 422 — Anyone who makes a threat to commit a crime resulting in death or great bodily injury to another person, made in writing, by electronic means or verbally, will be punished with up to one year in county jail or state prison.
- Penal Code 243 (a) — Battery is punishable by a fine of up to $2,000 or up to six months in County Jail, or by both a fine and jail time.
- Penal Code 273 (5) — Anyone who willfully inflicts injury upon a current or former spouse, current or former cohabitant, or the mother or father of a shared child, is guilty of a felony, punishable by (a) up to four years in the state prison; (b) up to one year in County Jail; (c) with a fine of up to $6,000; or (d) fine and imprisonment.
- Penal Code 273d (a) — Anyone who willfully inflicts any cruel or inhuman corporal punishment upon a child [or an injury resulting in a traumatic condition] is guilty of a felony punishable by (a) up to six years in the state prison; (b) up to one year in the County Jail; (c) with a fine of up to $6,000; or (d) fine and imprisonment.
- Penal Code 245 (a-1) — Anyone who commits an assault upon a person with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished (a) up to four years in the state prison; (b) up to one year in the County Jail; (c) with a fine of up to $10,000; or (d) fine and imprisonment.
Sentencing for Domestic Violence Charges
In sentencing a defendant for a conviction, the Superior Court generally will impose a 12-month Domestic Violence course, and often also impose a “stay away” order keeping the victim and his or her alleged abuser from any contact.
Each of these charges are serious and a conviction for any of these offenses, carry harsh penalties, such as a state prison sentence.
At Spital & Associates, we can use an experienced private investigator or have in the past employed a Former FBI Special Agent working on our side. Our investigators assist our clients in developing a compelling defense.
We will argue factors in mitigation on your behalf seeking to have the Court impose probation and counseling rather than state prison, and/or temporary supervised visitation instead of a permanent “stay away” order.
Speak to our San Diego Domestic Violence Attorney Now!
Call for a free consultation and speak with Sam Spital at 619. 583.0350 or send an e-mail now so that we can help.
Our role is to present a powerful legal defense as well as an “offense” and to establish all of the facts in mitigation, such as the following:
- we will emphasize the absence of actual or potential harm to the public because of this crime;
- we will emphasize the absence of a prior criminal record;
- we identify the level of compliance with sentence and terms of probation;
- the court will consider prior arrests of record;
- the number and/or variety of current violations or charges (counts);
- the nature and severity of the spousal abuse or battery, domestic violence or crimes under consideration;
- evidence of rehabilitation and remorse of our client;
- the tiime that has passed since the underlying act of violence, battery or abuse and/or offense;
- any financial benefit to the defendant;
- whether there wascruelty;
- whether the defendant suffered from a mental or physical condition that significantly reduced culpability;
- if the defendant is ineligible for probation;
- restitution to the victim;
- if the crime involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness and/or callousness;
- whether the defendant was armed with or used a weapon at the time of the crime;
- the fact no one was induced to participate in the crime or held a position of leadership or dominance of others in its commission;
- the defendant did not induce a minor to commit or assist in the crime;
- there are no other convictions that would requireconsecutive sentences;
- there is an absence of planning, sophistication, or professionalism;
- there is lacking an attempted or actual taking or damage of great monetary value;
- no position of trust or confidence was involved;
- the crime does not indicate 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 of domestic violence, spousal battery or abuse was committed.
Consequences of a Domestic Violence Crime
- County jail or state prison
- A permanent criminal record
- Significant fines
- Probation or Parole
- anger management courses
- loss of a right to own a deadly weapon
- inability to get or keepemployment
- lifetime revocation of a Driver’s License
- denial, suspension or revocation of a professional license (see http://www.spitalaw.com/ – Professional Licensing)
Child Abuse, Child Neglect, and Sex Crimes
If you face child abuse, child molestation, child sexual abuse, child pornography, Internet child porn and/or Internet sex crimes, you should call Spital & Associates.
Some of the crimes against children include:
- Child pornography: Child porn laws were passed by the California Legislature to make it illegal to print, exchange, or possess pornography containing a minor engaged in sexual conduct.
- Internet crimes against a child: It is illegal in California for an adult to contact a child via the Internet to persuade him or her to leave home and to engage in sexual activity.
- Internet sex crimes: These crimes arise when sexual predators use the Internet to communicate via email or through social networks to lure children (also, adults may be victims) into sexual conduct. Law enforcement using sting operations have been able to make arrests and reduce such illegal activity and the number of sex crimes.
- Cyber stalking: This is unwanted harassment and threats and/or intimidation of another via the Internet. It can be charged as a felony or a misdemeanor.
If we are retained by you, we want to determine the underlying basis of the complaint and from whom it stems, such as from a family member, including a former spouse and/or angry relative motivated to hurt our client. The complaint to law enforcement may have also been made by a current or former co-worker and/or neighbor.
Child Abuse: If law enforcement and the prosecution determine a Child Abuse offense took place between a parent and a child, domestic partners, former partners or former spouses, they wil proceed with an arrest and prosecution.
The prosecution must prove intent.
However, a mere negligent act or omission alone will not be sufficient for the prosecutor to win the case, whether for child abuse or child neglect.
On the other hand, an act of gross negligence or recklessness can be sufficient to justify a charge.
Most Child Abuse cases involve physical harm or injury to the child, although at times psychological harm is the basis in whole or part for the crime of Child Abuse or Child Neglect.
By California law, it is required that health professionals, physicians, teachers and law enforcement personnel report incidents of child abuse they observe or suspect.
Our goal is to develop a winning defense strategy. At your sentencing for the child abuse crime, we will stress factors in mitigation and seek probation, individual and family counseling and parent training classes.
Child Neglect: If you are investigated, arrested or facing accusations of this crime we urge you to call us now. Whether you are facing a Child Neglect investigation, arrest or charges of (Criminal and/or CPS), contact our top San Diego Child Neglect Lawyers.
You can speak with the Managing Attorney of Spital & Associates about any child abuse or child neglect crime by calling 619.583.0350, or send an e-mail now so that we can help.
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Banker’s Hill Associate Office
1901 First Avenue, Suite 138
San Diego, CA 92101
Downtown Associate Office
Of Counsel – Bill O’Connell, Esq.
110 West C Street, Suite 1300
San Diego, CA 92101-3978
Associates available 24/7.
Call (619) 583-0350 or send us an e-mail.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.