Top Criminal Lawyer For Assault In Escondido

The recommended criminal lawyer for assault in Escondido has the expertise that makes the difference for people. Just because a person is accused of assault does not mean they are guilty. They have rights and remedies. Criminal lawyer David Pflaum aggressively defends his client to deliver the right results.

There are different types of assault accusations. They range from a simple assault which is a misdemeanor punishable by up to one year in custody, to aggravated assault which is a felony punishable by up to 15 years in prison depending upon the type of assault, weapon, and injury. These are common accusations related to assault.

Simple assault (Penal Code 240)
Assault with physical contact (Penal Code 242)
Assault with force (Penal Code 245)
Assault with great bodily (Penal Codes 245, 1170.1, 667.5)

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

Who was injured
The extent of injuries
Whether there is great bodily injury
Whether a a weapon was used
The type of weapon

There are many ways to effectively defend an accusation of assault. Every case is different. Each client is unique. The right defense depends upon the circumstances, the forensic evidence, the credibility of the witnesses, physical evidence, 911 calls, medical records, the credibility of identity of the victim, and police officer testimony. These are strategic defenses.

Self defense
Defense of another
Defense of property
Insufficiency of the evidence
Lack of specific criminal intent
Lack of credibility of the witnesses
Lack of credibility of the victim
Violation of the right to remain silent

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 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 strategic 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.