For an accusation of aggravated assault in Vista, David Pflaum provides highly effective representation to his client.
Mr. Pflaum is compassionate and tireless in his efforts to assert his client’s constitutional rights to liberty and justice. He gets the best possible results for a client.
The Vista criminal defense lawyer you choose makes a difference in the outcome of a case in court. Mr. Pflaum is one of the best choices to help you from start to finish. Available to help 24/7.
EXCELLENT SERVICES FOR AGGRAVATED ASSAULT IN VISTA
There are many different types of assault accusations that range from a simple assault which is a misdemeanor to aggravated assault which is a serious violent felony strike.
Aggravated assault charges arise when a person applies the type of force that would likely cause, or did cause, substantial injury.
The use of force is most commonly applied with an instrument, tool, weapon, vehicle, household object, or any item that is capable of inflicting serious injury. Sometimes the use of force may arise from the use of hands or feet. (See Penal Code sections 245, 246, 667.5, 1192.7, 12022.7).
The determination of whether an assault accusation will be filed by the police or prosecution as an aggravated felony depends on the circumstances of the case.
Some of the most common factors that the police and the prosecution examine are the following.
- Who was injured
- What are the extent of injuries
- Is there great bodily injury
- Was there a weapon involved
- What type of weapon was involved
- Did the police find the weapon
- Where did the police find the weapon
- Were there witnesses to the assault
- Who are the witnesses
- Does the victim desire prosecution
- Who is the accused
- What is the background of the accused
- What statements did the accused make to the police
- Was there a justification for the assault
- What were the results of the police investigation
Every person accused of aggravated assault is arrested and put into jail with bail set according to the San Diego County Jail schedule.
Get Out of Jail. There are several ways attorney Pflaum helps his client get released from jail.
The procedures to get a person out of custody depend on the circumstances of the alleged crime.
Other factors the judge considers include the client’s ties to the community, employment, ownership of real property, age, health, military experience, and support in the community.
Click on the following words to learn more: get out of jail.
DEFENSE STRATEGIES
FOR A CHARGE OF AGGRAVATED ASSAULT IN VISTA
There are many ways an experienced criminal lawyer like effectively defends an accusation of aggravated assault.
The professional defense of a charge of aggravated assault in Vista begins with a consultation to learn from the client the facts of the investigation and arrest, and the client’s general background.
Mr. Pflaum then analyzes the file presented by the prosecution that may include the arrest reports and conclusions, critical information about the alleged victim, statements of witnesses, photographs of injuries, and medical records.
Strategic defenses that attorney Pflaum may invoke on behalf of his client to successfully defend as accusation of aggravated assault include the following.
- Self defense
- Defense of another
- Defense of property
- Provocation
- Lack of victim credibility
- Insufficiency of the evidence
- Lack of corroboration by a third party
- Bias or a reason to fabricate by the alleged victim
- Ulterior motive of a witness to lie
- Lack of specific criminal intent
- No proof of injury to the alleged victim
- Violation of the right to remain silent
- Incomplete police investigation
Jury Trial. Some cases, depending upon the client’s preference and the state of the evidence, may proceed to jury trial where Mr. Pflaum has extensive experience.
The right trial defense for aggravated assault depends on the facts of the case, the credibility and background of the alleged victim, independent witnesses to corroborate the case, law enforcement investigation and reports, 911 calls, medical records, photographs of injury, recovery of a weapon, and medical records.
Plea Bargaining. A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge that may eliminate or reduce the charges,and avoid time in prison or jail.
Good plea bargain offers come about because criminal defense attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, photographs, 911 calls, forensic evidence, and witness interviews to develop the strengths of a case.
By the same process he develops weaknesses in the prosecutor’s case such as an alleged victim with a criminal history, inconsistencies in witness statements, problems with the arrest or the investigation, discrepancies in the conduct of the investigating officers, missing or inconclusive evidence, and problems in the forensic evidence.
