The right defense attorney for assault with a deadly weapon with 30 years expertise, David Pflaum aggressively asserts the rights of his clients.
Just because a person was accused or arrested for assault with a deadly weapon does not mean that he or she is guilty. The person has constitutional rights and remedies.
An experienced criminal lawyer makes a difference in the outcome of an assault prosecution.
Definitions. An accusation of an assault with a deadly weapon involves the use of force upon another person that is done that is capable of causing great bodily injury (GBI) or which did in fact result in great bodily injury.
The most common accusations of assault occur by the use of force with hands, a fist, feet, an automobile, firearm, knife, bat, screwdriver, or even a beer bottle.
An assault with a deadly weapon charge may be a misdemeanor or a felony. A misdemeanor is a less serious charge than a felony. More often than not an assault with a deadly weapon will be charged as a felony.
The determination of whether an assault with a deadly weapon 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 and the prosecution will look at are the following.
- Was anyone injured
- Was there a weapon involved
- What were the injuries to the alleged victim
- Were there witnesses to the incident
- Who was the alleged victim
- Does the alleged 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
Get Out Of Jail. Every person accused of a assault with a deadly weapon or with force likely to produce great bodily injury is arrested and put in jail with bail set according to the San Diego County Jail schedule. There are several ways attorney Pflaum helps his client get released from jail
Click on the following words to learn more: get out of jail now.
ASSAULT WITH A DEADLY WEAPON DEFENSE STRATEGIES
There are many ways to successfully defend an accusation of assault with a deadly weapon. The right resolution and the best defense will depend upon the circumstances of the case.
Every case is different. Every client is unique.
Strategic Defense. Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest. It is also helpful to learn about the client’s status including but not limited to employment, ties to the community, professional licenses, education, training, military experience, and mental and physical health.
He also analyzes the criminal file presented by the prosecution including but not limited to forensic evidence, the identity and background of the alleged victim, the police investigation and reports, witness statements, 911 calls, video recordings from police body cameras and patrol units, photographs, and medical records in order to apply the best defense strategy.
Strategies. The most common defense strategies attorney Pflaum may invoke in order to successfully defend his client against a charge of assault with a deadly weapon include the following.
- Self defense
- Defense of another
- Defense of property
- Justification
- Lack of criminal intent
- Lack of corroboration by a third party
- Insufficiency of the evidence to prove the charge
- Witness motive to fabricate
- Alleged victim motive to lie
- Lack of proper identification of the accused
- Violation of Miranda right to remain silent
- Incomplete police investigation
Plea Bargaining. Statistics show that nearly 95% of criminal cases are settled before trial by way of a plea agreement.
A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge to eliminate or reduce the charges, avoid time in prison or jail, and reduce the fines.
A client is under no obligation to accept a plea bargain, but plea bargaining is nearly always the first stage in a criminal prosecution.
Defense Strengths. Good plea bargains come about because criminal attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, medical records, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews to develop the strengths of a case.
Prosecution Weaknesses. By the same process Mr. Pflaum develops weaknesses in the prosecutor’s case such as 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.
Effective Presentation. He then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain offer for his client.
If the plea bargain offer is accepted by the client and his defense attorney, the client is sentenced immediately or at a later court date.
If the plea bargain is not accepted, the case continues to additional court dates and heads towards a trial.
Jury Trial. Some cases, depending on the client’s preference and the state of the evidence, may proceed to jury trial where Mr. Pflaum has substantial experience.
The best type of trial defense for assault with a deadly weapon depends upon many factors including but not limited to whether the client will testify, the identity and credibility of the alleged victim, the credibility of witnesses, 911 calls, medical records, photographs and videos, and police officer investigation and testimony.
THE DEFENSE ATTORNEY DEDICATED TO JUSTICE
Mr. Pflaum understands the needs of his clients. He has decades of dedication and expertise that makes a difference for them.
For top skill legal representation
Proudly representing clients in Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – Mission Hills – Bonita – Valley Center – Bonsall – Spring Valley – Lemon Grove – La Mesa