The highly recommended Oceanside criminal defense lawyer for battery has the expertise and experience that makes the difference for his client. Defense lawyer David Pflaum aggressively represents his clients to get the right results.
The defense begins with a consultation to learn about the investigation and arrest. Next lawyer Pflaum takes the time to learn about the client’s background since this information may play a part in resolving the case effectively. Finally he examines the evidence including police reports, witness statements, 911 calls, records, photographs, and body worn camera video.
These are strategic defenses to an accusation of battery.
- The alleged victim is not credible
- Self defense
- Defense of another
- Lack of specific criminal intent
- Lack of corroboration by a third party
- Insufficiency of the evidence
- Witness motive to fabricate
- Violation of rights
- Biased police investigation
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 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 OCEANSIDE CRIMINAL DEFENSE LAWYER FOR BATTERY
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More Information About Battery
Assault and battery are often described as a single crime, but they are two separate criminal accusations. Battery is defined as the unlawful use of force or violence against another person (Penal Code 242). Battery is a misdemeanor punishable by up to six months in custody and a fine of $1000 plus penalty assessments.
Simple assault is a misdemeanor defined as an attempt to use unlawful force upon another (Penal Code 240). Simple assault is a misdemeanor punishable by up to six months in custody and a fine of $1000 plus penalty assessments.
Aggravated assault is defined as the attempt to use great force upon another, or the actual application of great force upon another, that could have or did result in great bodily injury (Penal Code sections 245, 667.5, 1192.7, 12022.7).
Punishment ranges from probation and time in local custody to prison for up to 15 years or more, depending upon the type of assault and weapon.