A premier defense lawyer for battery in Escondido, David Pflaum has the expertise and compassion that every person should receive from their lawyer. From the first consultation to the last court date, he provides unmatched service. And delivers the right results.
Battery under Penal Code section 242 is the use of force or violence against another person. Assault charges typically are associated with a battery accusation. Assault is defined under Penal Code section 240 and 245 as the intentional attempt to cause harm or injure another person. A battery or assault charge may be a misdemeanor or a felony. A misdemeanor is a less serious charge than a felony.
The determination of whether a battery or assault will be filed by the prosecution as a misdemeanor or a felony depends on the circumstances of the case. Some of the most common factors that the police and the prosecution will look at to determine whether the case is a misdemeanor or a felony are:
• Was anyone injured
• Was there a weapon involved
• Were there witnesses to the incident
• Who was the victim
• Does the victim desire prosecution
• Who is the accused
• What is the background of the accused
• What statements did the accused make to the police
• Was there a justification for the assault
Successful resolution of the case depends on presenting critical information about the strengths of the defense and the weaknesses of the investigation to the judge and prosecution.
A request to the prosecutor either before the first court date or afterwards to dismiss the charges based on evidence the police overlooked or did not have access to at the time of the arrest may be effective. Diversion is a strategic process in which a client agrees to follow certain instructions from the judge like counseling or community service that upon completion results in dismissal of the case. The plea bargain is a beneficial agreement between the defense, prosecution and judge to dismiss or lower the charges, reduce the fines and penalties, and avoid time in custody.
THE RIGHT DEFENSE LAWYER FOR BATTERY IN ESCONDIDO
Call 760-806-4333
