The lawyer representing a California-based Marine charged with a felony after a physical confrontation with cops is calling foul against the San Diego Police Department.

Attorney Paul Neuharth says his client, Lance Cpl. Robert Reginato, an anti-tank missileman with 1st Light Armored Reconnaissance Battalion, was hit several times by a police officer during an altercation in San Diego's Gaslamp Quarter, and he has a video to prove it.

"When you punch somebody in the face ... and you're doing it while a person is being held down by another officer and is not struggling, there has got to be some consequence for it," Neuharth told Marine Corps Times .

The incident took place on Sept. 21 when Reginato was out in the San Diego nightlife hotspot celebrating his 21st birthday. Reginato, based at Camp Pendleton, California, was with his friend, Cpl. Gabriel Talley, a cyber network operator with Combat Logistics Battalion 7. Talley is based at Marine Corps Air Ground Combat Center Twentynine Palms, California.

While out on the street outside of a bar, Neuharth said the two Marines found a stranger sprawled-out and unconscious on the sidewalk. The stranger was involved in a confrontation with an entirely different suspect who was in police custody. Video shows the two Marines trying to give the unconscious man first aid.

When an emergency responder wanted to move the unconscious man, Neuharth said the two Marines protested because they were concerned that the victim had a spinal cord injury, and moving him could do serious harm .

"There was an officer who went to the victim and then they were trying to give first aid advice, but the cops thought they were interfering," said Neuharth, a former police officer and a former Marine in the inactive reserve .

Video footage shows police shoving one of the Marines back toward the street, knocking him down. The Marine can be seen running back towards the victim, and a struggle with a police officer breaks out. At the same time, a different police officer is shown shoving another person back-first onto a car.

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Body camera footage later shows Reginato held on the ground by one officer as another officer punches him in the head several times. The puncher, later identified as Sgt. P.T. Vinson by his uniform's nametag captured in the video, said "I don't have a problem punching him in the face."

"This was a melee. Holy Crap", a different officer says to one of his colleagues.

Reginato and Talley were charged with one felony count of resisting arrest, one felony count of battery upon a police officer with injury and two misdemeanor counts of battery upon a police officer. If convicted of all charges they could face up to 3 years, 8 months in prison, the San Diego County District Attorney's office said.

"E-4s to E-0s in the military" one cop caught on tape said. "All of them," another police officer replied.

Neuharth said his client didn't commit the crimes officials charged him with.

San Diego law enforcement officials said the incident is a pending criminal case. An official could only state the charges and possible maximum sentence, and declined to provide a summary of what happened that night.

Neuharth provided recordings from police body cameras and provided additional details about the altercation:

Reginato, an anti-tank missileman, was out in the San Diego nightlife hotspot on Sept. 21 celebrating his 21st birthday with his recently re-deployed friend, Cpl. Gabriel Talley, a cyber network operator. While out on the street outside of a bar, the two Marines found a stranger sprawled-out and unconscious on the sidewalk. The stranger was involved in an confrontation with an entirely different suspect who was in police custody. Video shows the two Marines trying to give the unconscious man first aid.

Shortly thereafter an emergency responder wanted to move the unconscious man, but the two Marines protested because they were concerned that the victim had a spinal cord injury, and moving him could do serious harm, Neuharth said.

"There was an officer who went to the victim and then they were trying to give first aid advice, but the cops thought they were interfering," said Neuharth, a former police officer and a former Marine in the inactive reserves who completed training at Quantico but didn't return to receive a commission.

Video footage shows police shoving one of the Marines back toward the street, knocking him down. He ran back towards the victim but ran into police and a struggle breaks out. At the same time, a police officer was shoving another person back-first onto a car.

Bodycam footage later shows Reginato held on the ground by one officer as another officer punches him in the head several times. The puncher, later identified as Sgt. P.T. Vinson by his uniform's nametag captured in the video, said "I don't have a problem punching him in the face."

"This was a melee. Holy Crap", a different officer says to one of his colleagues.

Reginato and Talley were charged with one felony count of resisting arrest, one felony count of battery upon a police officer with injury and two misdemeanor counts of battery upon a police officer. If convicted of all charges they could face up to 3 years, 8 months in prison, the San Diego County District Attorney's office said.

"E-4s to E-0s in the military" one cop caught on tape said. "All of them," another police officer replied.

There will be a readiness hearing on Dec. 1 and a preliminary hearing on Jan. 14, the District Attorney's office said.

"You have two good Samaritans facing more serious charges than the guy who beat [the unconscious victim] up," Neuharth said.

Steve Walker, a spokesman for the District Attorney's office said that their case is solid, even with the video evidence.

"We can only file criminal charges when we believe we can prove them beyond a reasonable doubt, as we do in this case," he said in a statement. "We are moving forward with the case and will be presenting evidence at the upcoming preliminary hearing."

San Diego police spokesman Lt. Kevin Mayer said that the entire context of the incident will be considered in the courtroom.

"In the upcoming court proceedings, the totality of the circumstances will be presented," Mayer said. "We encourage anyone who would like to understand the full and complete picture to follow this case and attend the court proceedings."

Neuharth said that the video footage speaks for itself.