All matters are handled personally by Domenic J. Lombardo.
Attorney Domenic J. Lombardo has handled every facet of felony and misdemeanor defense since 1991. Mr. Lombardo has a diverse client base: he often defends professionals, including police officers, physicians, lawyers, nurses, firefighters, contractors, and other professionals concerned not only with criminal defense but with defense of their professional license. He also routinely practices in juvenile court defending young adults and children accused of crimes. He practices in both Federal and State Court.
Mr. Lombardo has enjoyed success in dozens of jury trials involving major felony cases and many types of misdemeanor matters.
His jury trial experience, includes, for example: murder (gun, choking, fists/feet), rape, sexual assault, rape (multiple alleged victims), kidnapping with intent to rape, rape of unconscious person, child molestation, felony gun possession, felony drug possession, felony assault (knife, bottle, fists), felony domestic violence, battery causing great bodily injury (knife, fists), robbery, car theft, three strikes, DUI, misdemeanor assault (machete, knife, fists), misdemeanor battery (fist, cell phone), fraud, grand theft, restraining order violations, misdemeanor domestic violence (rock, scissors, fists, choking), vandalism, misdemeanor driving violations, and many others.
Mr. Lombardo’s trial practice includes several acquittals after trial to the court (without jury), most recently on behalf of a physician where the rare “necessity” defense was successfully invoked.
He has successfully argued for the suppression of evidence, resulting in dismissal, of many types of cases, including: rape, felony gun possession, felony drug possession, felony drug transportation, felony drug possession for sale, three strikes, felony theft, DUI, and others.
Mr. Lombardo has successfully defended probation and parole revocation hearings, and he has won the release of a prisoner serving a life sentence.
Mr. Lombardo has successfully defended restraining orders and on occasion he will obtain restraining orders on behalf of clients who need protection from harassing persons.
Mr. Lombardo has obtained many court orders nunc-pro-tunc (relating back in time) changing the nature of a conviction in order to save a person from severe collateral consequences of a conviction, such as in matters involving a defendant’s professional license or immigration status.
The following examples are actual, recent case results:
Driving Under the Influence, Probation Violation
This case involved a client alleged to be DUI with a prior and while on probation, with a high blood alcohol level. The case was dismissed for the unlawful detention of my client, the driver. At the hearing on the motion to dismiss, the prosecutor failed to establish a constitutionally sufficient basis to uphold the stop based upon the radio report and simple math disproved the officer’s claim of speeding.
Sexual Assault, Forced Oral Copulation, False Imprisonment Title IX Proceedings at University
This matter involves an arrest for alleged sexual violence, an intensive investigation by the defense that lead to no criminal charges, and then successful litigation against the University that threatened to discipline the defendant. This case is among the first successful cases against the University Title IX proceedings. View media reports, watch media video and read a detailed explanation here.
Vehicular Manslaughter, Felony Driving Under the Influence of Alcohol: Charges Dismissed Multiple Times
This matter involved complex, intensive litigation over 3.5 years, 2 preliminary hearings, a dismissal for failure to disclose Brady evidence, a lengthy trial, and a double jeopardy motion granted. Charges were dismissed multiple times. Read a detailed explanation here.
Battery Causing Great Bodily Injury / Felony Assault
Jury Trial. Acquittal based upon self-defense accomplished without calling a single witness. Demonstrated self-defense using prosecution witnesses.
Insurance Fraud / White Collar Crime
Felony case dismissed. Defense investigation reveals critical prosecution witness as tax fraud thereby limiting his use as a witness against client.
Prescription Fraud / White Collar Defense of Pharmacist
Rare prosecution of pharmacist allegedly unlawfully filling 100’s of prescriptions results in case being dismissed after extensive defense investigation and analysis proves flawed Drug Enforcement Agency case.
Felony DUI Causing Injury with Several Priors
Probation obtained for multiple clients on felony DUI matters including client who had formerly served time in prison for multiple DUIs.
Felony Robbery with Gun / Terrorist Threats
All felony charges dismissed after defense investigation proves complaining witnesses were actually a prostitute and her pimp.
Embezzlement / White Collar Theft
Adjudication of matter to misdemeanor and expungement within days of restitution being paid, no jail.
Rape / Oral Copulation / Multiple Charges
Defense investigation uncovers significant impeachment of alleged victim. Case settles before trial as reducible felony, summary probation, no admission of wrongdoing, no sex registration, volunteer work.
Child Molestation
Multiple cases. Defense investigation supports rejection of charges.
Domestic Violence Matter(s)
Multiple cases. Charges not filed. Several cases not issued by prosecutor after defense investigation uncovers favorable information.
Rape Allegation(s)
Multiple cases. Defense investigation supports rejection of charges. In one case, the defense was able to establish that the complaining witness had actually fabricated evidence in an unrelated matter.
Felony Forgery
Defense investigation proves complaining witness was the actual forger, as a result case rejected by prosecutor.
Cocaine (1/2 pound), marijuana, ecstasy, $9,000.00 cash
Evidence suppressed, case dismissed. Unlawful search of client’s home.
Drug Distribution / Possession for Sale
Multiple matters result in no jail and probation.
Robbery / Theft
Felony charges resulting from fight with security guards. Misdemeanor, no jail outcome after loss prevention officers are proven to offer conflicting accounts of incident.
Factual Innocence / Seal Arrest Records
Multiple cases. Arrest records sealed in two domestic violence matters for one client.
Civil Compromise of Felony Matter
Rare compromise of trademark theft case results in dismissal of felony charges.
Civil Compromise of Assault / Battery / Theft Cases
Multiple cases dismissed upon civil compromise of crimes involving alleged assault and battery. Traditional theft matters dismissed, too.
Arson Charges
Multiple counts of arson involving several alleged fires settled for probation. Co-defendant nets 8-years prison sentence.
Domestic Violence
Multiple cases not filed after aggressive and fast defense investigation castes doubt of ability of prosecution to successfully convict.
DUI, Illegal Detention
Evidence suppressed two separate matters. Unlawful detention. Cases dismissed.
Attempted Murder of Police Officer, Multiple Violent Felonies
Major life case. Plea agreement just before trial for 13 years prison.
Shooting into Home, Gang Allegations
Separate cases result in probation with County jail time, rather than extended state prison commitments.
Murder, Multiple Violent Felonies
Potential life-case resolved after vigorous defense litigation. Voluntary manslaughter, 7 years prison.
Three Strikes Matter (25-life)
Multiple strikes dismissed by prosecutor, final strike dismissed by judge on defense motion, probation granted.
Bank Robbery, Terrorist Threats
Probation, alternative to straight jail time, no prison.
Robbery, Gang and Firearm Allegations
Probation, county jail rather than extended state prison commitment.
Transmitting Harmful Matter to Child (FBI Sting)
Probation, alternative to straight jail time.
Theft of Over $100,000
Probation, work furlough.
Arson, Multiple Structure Allegations
Probation, work furlough.
Vehicular Manslaughter, DUI
Lowest possible custodial term in a high-profile matter against a prosecutor arguing for the highest term, a 12 year sentence.
Warrants with Probation Violation
Multiple matters. Probation reinstated, no jail.
Numerous matters. Warrants recalled same day hired. Probation reinstated, no jail.
1/2 oz. cocaine, DUI (second) while on multiple grants of probation
Probation, 30 days public work service.
Marijuana Trafficking
Multiple felony matters involving 100’s of pounds, probation, alternatives to jail.
Parole Violation
After contested revocation hearing, parole commission agreed to continue the defendant (a lifer) on parole rather than return him to prison.
Felony Bad Check(s)
Charges dismissed, remaining charge reduced to misdemeanor, no jail.
Felony Evasion
Charge reduced to misdemeanor, no jail.
Theft Case(s)
Multiple cases. Civil compromise leads to dismissal of charges.
DMV Commercial License Hearing
Case dismissed, license reinstated.
Juvenile Probation
Multiple matters, favorable disposition.
Juvenile Drug Possession
Deferred entry of judgment, case dismissed.
Juvenile Explosive Device, Burglary, Theft
Deferred entry of judgment, case dismissed.
Restraining Orders
Multiple matters. Obtained restraining orders, attorney fees awarded by court.
Motion to Modify Prison Sentence
Attorney with multiple criminal cases wins with maximum prison sentence while representing himself. Retained and litigated modification. Sentence modified to probation.
Motions to Terminate Probation
Multiple cases, motion granted.
Motion to Modify Probation
Multiple cases, motion granted.
Motion to Reduce Felony to Misdemeanor
Multiple cases, motion granted.
Motion for Expungement
Multiple cases, motion granted.
The above-referenced matters litigated are meant to be representative of the type of matters routinely handled by our office. Of course, we have handled many other types of matters with great results. The list is by no means exclusive and is simply a compilation of those matters that come readily to mind. We obviously do not guarantee any result in any case, and this list is not meant to convey that impression, but to give you the assurance that we do approach our job with integrity and we are often rewarded for our efforts.
Call us for a free consultation in any criminal defense matter. Our San Diego main office number is (619) 232-5122.