A Top Criminal Defense Lawyer For Assault And Battery

David Pflaum is the recommended criminal defense lawyer for assault and battery who has the expertise that makes the difference for people. Just because a person is accused of assault and battery does not mean he or she is guilty. The person has rights and remedies. Attorney Pflaum aggressively defends his client to get the best possible results. And succeeds.

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The terms assault and battery are always heard together, but are actually two separate criminal accusations. 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.

The determination of whether an assault and battery will be filed by the prosecution as a felony or a misdemeanor depends on the circumstances of the case. Some of the most common factors that the police and the prosecution will examine include the following.

• Was anyone injured and to what extent
• Was there a weapon involved
• Were there witnesses to the incident
• Did the victim provoke the assault
• Does the victim desire prosecution
• What is the background of the accused
• What statements did the accused make to the police
• Was there a justification for the assault

These are strategic defenses.

The alleged victim has a motive to lie
Self defense
Defense of another
Lack of specific criminal intent
Lack of corroboration by a third party
Insufficiency of the evidence
Violation of rights
Incomplete police investigation

Successful resolution of the case depends on presenting critical information at the right time to the prosecution and judge about the strengths of the defense and the weaknesses of the investigation. A written request to the prosecutor, either 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 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.