As a former Deputy Attorney General for the California Department of Justice, Sam Spital prosecuted cases through to the US Supreme Court. Since 1978, he has defended criminal cases throughout San Diego County.
The crime of Battery can be charged as a misdemeanor or a felony depending on the circumstances. When the battery caused serious bodily injury, you can be charged with a felony battery. It is important that you obtain an experienced San Diego battery defense attorney as the penalty can be up to four years in prison and it may be charged as a strike for “three-strike” purposes if you are later charged with another crime. As your San Diego battery lawyer, our goal is to develop a winning strategy and effective battery crime defense, to avoid a conviction and greater penalties in a case involving:
- Your girlfriend, spouse, or anyone else charged under “domestic violence” laws
- An elderly or dependent adult
- A Law Enforcement Officer
- A Probation Officer or parole officer
- A Fireman or emergency medical technician
- A Physician or nurse performing emergency medical care
- Anyone on the grounds of a hospital, school or park, or on public or private transit
In certain cases, we will investigate whether the battery crime arose from a physical conflict in which both sides share some blame. Also, we analyze the facts to determine whether the battery was an act of “self-defense.” Another strategy is to defend the charges of battery by establishing an “accidental” touching or contact as the prosecution must prove the touching was “willful” to obtain a conviction.
When the evidence establishes a lack of intent to commit a battery, we will demand the charges be dismissed. As an alternative, we will articulate the mitigating facts and circumstances to negotiate a felony charge down to a misdemeanor and/or to drop the misdemeanor to a lesser charge. Ultimately, our goal is to obtain a winning result for you. Send us an email or call 619.583.0350 now. We are available from 7am to 9pm seven days a week.
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Downtown Associate Office
Of Counsel – Bill O’Connell, Esq.
110 West C Street, Suite 1300
San Diego, CA 92101-3978
Associates available 7:00am to 9:00pm daily
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.