The Top Criminal Threats Lawyer In Vista

The highly effective criminal threats lawyer in Vista has the expertise that makes the difference for people. Just because a person was arrested for allegedly making a criminal threat in violation of Penal Code section 422 does not mean that they are guilty. Criminal threats lawyer Pflaum aggressively defends his client to deliver the right results.

California defines a criminal threat in violation of Penal Code section 422 as basically making a credible oral or written threat to hurt another person. The alleged threat typically arises in the heat of the moment at sporting events, social gatherings, bars, recreational outings, and during domestic disputes. The accused does not often intend to follow up on the alleged threat, but is commonly acting under duress, the heat of the moment, or under the influence of alcohol. A violation of Penal Code section 422 may be a serious strike felony or a misdemeanor.

Strategic defenses include the following.

Insufficiency of the evidence
No specific criminal intent
No corroboration of the alleged threat
No proof beyond a reasonable doubt
No actual ability to follow up on the threat
The alleged victim was not in fear from the threat
Violation of the right to remain silent
Failure to prove the elements of the offense

The proper defense begins with a consultation to learn about the facts of the detention and arrest. Next it is important to know the background of the client because it often plays a significant part in resolving the case effectively. Finally all of the evidence must be thoroughly analyzed including police reports, witness statements, 911 calls, and records. With all of this information in hand, the right defender is ready to roll.

Effective resolution of the case depends on presenting critical information to the prosecution and judge about the strengths of the defense.

A request to the prosecutor either before the first court date or afterwards to dismiss or reduce the charges based on new evidence is effective. Diversion is a strategic process in which a client agrees to follow certain instructions from the judge 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.