Premier San Diego Criminal Lawyer For Assault And Battery

The right San Diego criminal lawyer for assault and battery has the expertise and experience that makes the difference for his client. Just because a person was accused of assault and battery does not mean they are guilty. Attorney Pflaum aggressively defends his client to deliver the best possible results.

The terms assault and battery are commonly used together but are two separate criminal accusations. Assault is defined as the intentional attempt to cause harm or injury to another person (California Penal Code section 240).

If the assault is committed with a deadly weapon or by force likely to produce great bodily injury, the accused will most likely be charged with a 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, and likely to produce, or actually produces, great bodily injury. A weapon may include such things as a person’s hands, feet, a rock, beer bottle, screwdriver, knife, construction tool, automobile, or gun.

Battery is defined as the willful and unlawful use of force or violence against another person (Penal Code section 242). Battery is classified as a misdemeanor.

The determination of whether an 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 examine include the following.

Was anyone injured and if so how badly
Was there a weapon involved and if so what weapon
Were there witnesses to the incident
The identity of the alleged victim
The alleged victim’s background
Does the alleged victim desire prosecution
Statements if any made by the accused

These are defenses to assault and battery.

Self defense
Defense of another
Defense of property
The alleged victim is not credible
Legal justification
Lack of specific criminal intent
Lack of corroboration by a third party
Insufficiency of the evidence
Witness motive to fabricate
Violation of Miranda right to remain silent
Incomplete police investigation

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