A premier defense violence defense lawyer with 30 years of experience, David Pflaum skillfully asserts the rights of his clients.
Just because someone was arrested for domestic violence, also known as spousal abuse, does not mean the person is guilty.
The person has rights and remedies.
Defense lawyer Pflaum makes the difference in the outcome of a prosecution for domestic violence.
IMPORTANT INFORMATION
ABOUT DOMESTIC VIOLENCE DEFENSE
The most common accusations related to domestic violence range from felonies to misdemeanors.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 243e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
When the police investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor.
Most people arrested for domestic violence use the services of a bail bond agency to get out of custody with a future court date
When a person remains in jail, attorney Pflaum can help him or her get released before the first court date or during the first court date at the arraignment.
For more information click on release from jail asap.
Contact the Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the defense lawyer gets vital information about the case as soon as possible.
Attorney Pflaum then delivers the most important information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any criminal charges against the arrested person, or to reduce the charges.
SKILLED RESOLUTION OF THE CASE
Defense of the case begins by meeting with the client to learn about his or her background and the facts of the arrest.
Attorney Pflaum then evaluates the accuracy of the police reports, quality of the evidence, credibility of the alleged victim, and reliability of the witnesses with his client.
Typical defenses may include the following.
- Provocation
- Self defense
- Lack of corroboration
- Insufficiency of the evidence
- Motive to lie
- Bias of the witness
- Improper police investigation
- Violation of constitutional rights
The resolution of the case depends on what is in the best interest of the client.
One common method is by way of a plea bargain.
A plea bargain is a pretrial agreement between the San Diego criminal justice lawyer, his client, the prosecutor and the judge.
The plea bargain should include dismissal or reduction of the criminal charges, no time in jail, and other favorable terms for the client.
Attorney Pflaum gets excellent plea bargains.
He exposes key weaknesses in the prosecution case and presents crucial information about his client to the presiding judge and prosecutor.
See plea bargains for examples.
Some cases may be resolved by way of a jury trial.
Winning a jury trial requires preparation and the expertise that comes only from many years of experience.
The successful trial lawyer must capture the jury’s attention with a very strong opening statement, demonstrate by examination of the prosecution witnesses that they are not credible, offer evidence and witnesses that support the defense, and finish with a bold argument for innocence.
See jury trials for details.
THE RIGHT DEFENDER
FOR DOMESTIC VIOLENCE CHARGES
(760) 806-4333
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MORE ABOUT DOMESTIC VIOLENCE
The term domestic violence applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay and lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to “911” from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the “primary aggressor” and take him or her to jail.
The person arrested will be booked into jail for a felony. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.
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