David Pflaum is the right criminal lawyer for assault because he has the expertise that makes the difference for people.
And gets the right results for them.
Reach out to him to see what he can do for you.
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Assault is the use of force upon another (Penal Code sections 240, 242, 245).
An assault may be a misdemeanor or a felony.
Whether the assault is a misdemeanor or a felony depends on the type of force applied, whether there were injuries, and whether an instrument, tool, weapon or vehicle was used.
A person accused of assault is arrested and put in jail with bail set according to the San Diego County Jail schedule.
The procedures to get a person out of jail depend on the circumstances of the alleged crime and the present status of the client, i.e., ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references.
Click on get out of jail to learn more.
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Getting the right results in the criminal justice system requires preparation and diligence in the defense of a criminal accusation.
The defense process begins with a consultation to learn about the details of the investigation, detention, and arrest.
The next step is to learn about the client’s standing in the community, background, and profession.
Finally it is essential to scrutinize the arrest reports, evidence, statements by the alleged victim, and witness declarations.
These are defense strategies that may apply.
- Self defense
- Defense of property
- Lack of credibility of the victim
- Lack of corroboration by other witnesses
- Insufficiency of the evidence
- Witness bias not to tell the truth
- Violation of the right to remain silent
With this information in hand, the defense is fully ready to proceed.
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Resolution of the case comes in many forms at different times in the court process.
Before court begins, a written request to the prosecutor based on evidence the police overlooked or did not have access to at the time of the arrest, may result in dismissal of the case or a reduction of the charges.
Diversion is a court process in which a client does not plead guilty but complies with instructions from the judge that, upon successful completion, results in a dismissal of the case.
A written petition that alleges the police violated a client’s constitutional rights may at times result in a dismissal of the case or a reduction of the charges.
The plea bargain is the most common and successful way to resolve a case. The plea bargain happens when defense attorney Pflaum presents critical information orally and in writing, at the right time, to the prosecution and judge.
A jury trial that creates reasonable doubt about the guilt of the accused is an effective way to win the case.
REACH OUT TO THE RIGHT CRIMINAL LAWYER FOR ASSAULT
Call 760-806-4333
