The right criminal justice defense lawyer for assault with great bodily injury provides excellent client services from consult to court.
Just because a person is accused of committing an assault with great bodily injury does not mean that he or she is guilty. The person has many constitutional rights and remedies.
Criminal justice lawyer David Pflaum with thirty years of experience makes a difference for his clients.
IMPORTANT INFORMATION ABOUT ASSAULT WITH GREAT BODILY INJURY
The effective criminal justice defense lawyer for assault with great bodily injury has a firm grasp of the applicable laws and procedures.
Assault with great bodily injury, or with force likely to cause great bodily injury, also known as assault with a deadly weapon, and ADW, is a felony.
The felony may rise to the level of a serious or violent felony depending upon whether a weapon was used in the commission of the crime and whether the alleged victim was injured (Penal Code sections 245 and 1192.7 and 667.5
A felony violation of Penal Code section 245 may be punishable by probation and one year in local custody or a maximum of 9 years in state prison.
These are factors the police and the prosecution examine closely.
• Was anyone injured and how badly
• Was there a weapon involved
• Were there witnesses to the incident
• Who was the alleged victim
• Does the victim desire prosecution
• Who is the client
• What is the background of the client
SERVICE OF THE LAWYER FOR ASSAULT WITH GREAT BODILY INJURY
Every person accused of committing an assault with great bodily injury or with great force is arrested and put into jail. Bail is set according to the San Diego County Bail Schedule.
There are several ways attorney Pflaum helps his client get released from jail as soon as possible.
The procedures to get a person out of custody depends on the circumstances of the alleged crime and the present status of the accused, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
For more information click here: release from jail.
ASSAULT WITH GREAT BODILY INJURY DEFENSE STRATEGY
There are many ways an experienced criminal defense lawyer defends an accusation of assault with great bodily injury.
Attorney Pflaum first meets with his client to learn the facts of the case and the clients background.
He analyzes the contents of the criminal file including witness statements, the identity and background of the alleged victim, police investigations and reports, 911 calls, ballistics testing, medical records, photographs, and any other evidence seized by the police.
The client consultation and examination of the criminal file form the basis of the defense case.
Defenses. These are effective defense strategies.
- No specific criminal intent
- The alleged victim is not credible
- Insufficient evidence
- No corroboration by a witness
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Incomplete investigation
- Self defense
- Defense of another
- Defense of property
SKILLED RESOLUTION OF THE CASE
The determination of how and when to best resolve a case depends on the facts of the alleged crime, the evidence, the credibility of the alleged victim, and law enforcement investigation.
Plea Bargain. A plea bargain is a pretrial agreement between the client, defense attorney, prosecutor and judge that may eliminate or reduce the charges, avoid time in prison or jail, and reduce the fines.
Good plea bargains come about because attorney Pflaum presents favorable information about his client.
He develops the strengths of his clients case, and weaknesses in the prosecutors case, such as an victim who is not credible or has a substantial criminal record, lack of a witnesses to corroborate the alleged assault, inconsistencies in witness statements, problems with the arrest or the investigation, and missing or inconclusive evidence.
Jury Trial. Many cases, depending upon the clients position and the state of the evidence, may proceed to jury trial where Mr. Pflaum has had substantial success.
The most effective defenses are noted above in the Defenses section.
Winning the trial begins by picking an excellent jury, making an effective opening statement, offering proper direct testimony, vigorously cross examining prosecution witnesses, and ending with a dynamic closing argument.
THE RIGHT CRIMINAL JUSTICE LAWYER FOR ASSAULT WITH GREAT BODILY
Attorney Pflaum is a relentless defender of his client. He has the dedication and expertise that makes the difference.
Call 760-806-4333
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