Mitigating Factors

Our role as your skilled, experienced and effective San Diego Felony and Misdemeanor Crime Defense Attorneys is to present a persuasive defense as well as to establish all of the facts in mitigation, such as the following:

  • The defendant who is charged with the San Diego crime was not on probation or parole when the crime was committed;
  • Whether the defendant accused of the crime demonstrated a high degree of cruelty, viciousness and/or callousness;
  • Whether the defendant prosecuted for a crime was armed with or used a weapon at the time of the commission of the crime;
  • The defendant charged with a 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 who is charged with a crime induced a minor to commit or assist in the commission of the crime;
  • Whether the defendant who faces any charge 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 crime and/or offense did not demonstrate it was carried out with planning, sophistication, or professionalism;
  • Whether the charges or offenses did not involve an attempted or actual taking or damage of “great monetary” value;
  • Whether the defendant who is accused of any of crimes took advantage of a position of trust or confidence to commit the offense;
  • Whether the defendant who is charged with a crime has engaged in violent conduct that indicates a serious danger to society;
  • The crime and/or offense was not committed by a defendant who has previously served a prior prison term;
  • Whether the defendant who is charged with the crime was suffering from a mental or physical condition that significantly reduced culpability for the felony crime;
  • Whether the defendant accused of a crime is ineligible for probation;
  • Whether the defendant charged with a crime made restitution to the victim;
  • Whether 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.
The San Diego criminal defense lawyers from Spital & Associates can help clients with felony and misdemeanor cases. As experienced criminal defense attorneys, Spital & Associates has been helping clients in San Diego, CA for many years. Call our San Diego criminal defense attorneys at 619-583-0350 for your free consultation today!

Main Offices
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850

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.

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Ratings and Reviews

Top ContributorAward 2012Samuel Eugene Spital Samuel Eugene SpitalReviewsout of 207 reviews
10.0Samuel Eugene Spital Samuel Eugene SpitalClients’ ChoiceAward 2020 Clients Choice Winner, 2007 to 2019 in Administrative Law Clients Choice Winner, 2007 to 2019 in Litigation avvo rated 10/10 in Federal Crime Law avvo rated 10/10 in Administrative Law avvo rated 10/10 in Criminal Defense avvo rated 10/10 in Juvenile Law avvo rated 10/10 in Licensing avvo rated 10/10 in Personal Injury avvo rated 2012