The highly skilled criminal defense lawyer for Penal Code 242 with over 25 years of experience, David Pflaum protects the rights of his clients and gets the best possible results for them.
The accused has constitutional rights. Stand up for your rights. An experienced defense attorney can make the difference in the outcome of a prosecution for battery.
CALIFORNIA BATTERY CHARGE
Definition: “Simple battery” is defined under Penal Code section 242 as the unlawful and willful use of force or violence against another person.
An accusation of battery also may be joined with an accusation of assault, which is defined under Penal Code section 240 as the intentional attempt to cause harm or to injure another person.
A battery charge may be a misdemeanor or a felony. A misdemeanor is a less serious charge than a felony.
The determination of whether a battery and/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 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?
Penalties: A simple battery Penal Code 242 is a misdemeanor with a maximum penalty of up to 6 months in jail, a $2,000 fine, or both.
HOW THE LAWYER HELPS IF A CLIENT IS IN CUSTODY
It is rare for a client charged with a misdemeanor battery to be in custody. Most clients who are charged with battery are given a written Notice To Appear in court and are not put in jail.
Get out of Jail: If a client is placed in jail there are several ways attorney Pflaum helps him or her get released from jail before the first court date or during the first court date at the arraignment.
The procedures to get a person out of custody depends on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
Click on the following words to learn more: get out of jail now.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT BEFORE COURT
Initial Consultation: The experienced defense lawyer helps his client by meeting with him or her immediately during an initial office consultation to learn everything possible about the client, the facts of the case, the arrest, the evidence, the witnesses, and much more.
This helps the attorney apply the right strategies to get the best possible results.
Contact the Prosecutor’s Office: Depending upon the circumstances, interviews with witnesses, photographs, recordings, videos, 911 calls, and additional facts about the arrest or the citation, the defense lawyer gets vital information about the case.
The lawyer then, in certain types of cases, delivers the most important information to the prosecutor’s office with the goal of persuading the prosecutor’s office not to file any criminal charges against the arrested person, or to reduce the charges, before court begins.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Attorney Pflaum has extensive experience with gathering the most important information about the case before going to court. This includes witness statements, police reports, photographs, videos, 911 calls, medical records, forensic evidence, expert testimony, DNA, and any other evidence.
Plea Bargain: Many times an assault and battery case can be successfully resolved or settled prior to trial if that is the common goal of the client and the attorney.
This process is typically referred to as plea bargaining.
A plea bargain is an agreement between the client, the client’s lawyer, the prosecutor and the judge. The goal of a good plea bargain is to dismiss or reduce the original criminal charges and avoid time in jail.
Following the plea bargain agreement, the client is sentenced either immediately or at a later time.
If the plea bargain is not accepted, the case continues towards a trial.
Jury Trial: Sometimes it is necessary to go to trial in order to prove that the accused is not guilty.
An experienced criminal defense attorney knows how to prepare witnesses for trial, cross examine the police officer, witnesses and experts, and present a solid defense.
DEFENSE STRATEGIES TO HELP THE CLIENT WIN THE CASE
Defenses: There are many ways to defend an accusation involving battery.
The best defense will depend upon the circumstances of the case.
Every case is different. Each client is unique.
The most common defenses are:
- Self defense
- Defense of another
- Defense of property
- Justification
- Lack of criminal intent
- Lack of corroboration
- Insufficiency of the evidence
- Witness motive to fabricate
- Lack of proper identification of the accused
- Violation of Miranda right to remain silent
- Civil compromise
PROVEN RESULTS
Click on investigations, trials, results, and testimonials to learn more.
For immediate help, contact the right defender
(760) 806-4333
Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – National City – Santee – Mission Hills – Bonita – Point Loma
Go back to the top