The right criminal attorney for assault and battery, David Pflaum aggressively defends the rights of his clients.
Just because a person was accused of assault and battery does not mean that he or she is guilty. The person has rights and remedies.
Vista criminal lawyer David Pflaum aggressively asserts his client’s rights to get the best possible results. And succeeds.
IMPORTANT INFORMATION
ABOUT ASSAULT AND BATTERY
The terms assault and battery are two separate crimes.
Assault is defined as the intentional attempt to cause harm or to injure another person (California Penal Code section 240).
Simple assault is classified as a misdemeanor for which the maximum sentence is six months in custody and a fine of $1000 plus penalty assessments.
If the assault is committed with a deadly weapon or by means of force likely to produce great bodily injury, the accused will most likely be charged with felony assault (Penal Code section 245).
A deadly weapon is any object, instrument, or weapon used in a manner that makes it capable of producing or actually produces great bodily injury.
Battery is defined as the willful and unlawful use of force or violence against another person (Penal Code section 242).
Battery is always classified as a misdemeanor for which the maximum punishment is six months in jail and a fine of $1000 plus penalty assessments.
STRATEGIES OF THE DEFENSE
FOR ASSAULT AND BATTERY
There are many effective ways to defend an accusation of assault or battery.
Attorney Pflaum meets with his client to learn the details of the arrest. He learns about the client’s employment, ties to the community, professional licenses, education, military experience this information is important to the defense.
It is also vital to analyze the criminal file presented by the prosecution including the evidence, the identity and background of the alleged victim, witness statements, 911 calls, video recordings from police body cameras and patrol units, and medical records.
Defenses include the following.
- Self defense, defense of another
- Lack of specific criminal intent
- No corroboration by a third party
- Insufficiency of the evidence
- Witness motive to fabricate
- Credibility of the alleged victim
- Violation of rights
- Incomplete police investigation
RESOLUTION OF THE CASE IN COURT
Diversion is a form of pretrial procedure in which a person accused of a crime does not enter a plea of guilty to the alleged crime. Instead he or she complies with instructions from the judge that, upon completion, results in a dismissal of the case.
A plea bargain is an agreement between the judge, prosecutor, defense attorney and the client to eliminate or reduce the charges, avoid or minimize the amount of time in prison and jail, and reduce the fines.
Good plea bargains come about defense attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, medical records, videos, photographs, 911 calls, evidence, and witness interviews.
THE RECOMMENDED CRIMINAL ATTORNEY
FOR ASSAULT AND BATTERY
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