The top skill criminal lawyer for spousal abuse in San Diego, David Pflaum has 30 years of experience. He aggressively asserts the rights of his clients and gets the best possible results for them.
Just because someone was arrested for spousal abuse, also known as domestic violence, does not mean that he or she is guilty. The accused has many rights and remedies.
A skilled defense lawyer like Mr. Pflaum makes a difference in the outcome of a prosecution for spousal abuse.
HOW THE CRIMINAL LAWYER FOR SPOUSAL ABUSE IN SAN DIEGO REPRESENTS HIS CLIENT BEFORE COURT
The most common accusations related to spousal abuse are as follows.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 243e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
When the police investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor.
Get Out of Jail. When a client is in jail, there are several ways attorney Pflaum gets him or her out of jail before the first court date or during the first court date at the arraignment.
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.
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Contact the Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the defense lawyer gets vital information about the case.
It can be very helpful if the alleged victim does not want to prosecute the accused.
The lawyer then delivers the most important information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any criminal charges against the arrested person or to reduce the charges.
CRIMINAL LAWYER FOR SPOUSAL ABUSE IN SAN DIEGO STRATEGIES
The best defense to an accusation of spousal abuse depends on many factors. Every client is unique. Each case is different.
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest. He also learns about the client’s present status including employment, ties to the community, professional licenses, education, training, military experience, and mental and physical health. This information may be helpful to resolve the case.
Mr. Pflaum also analyzes the criminal file presented by the prosecution including 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 medical records if any, in order to apply the best defense strategy.
The most compelling defenses that criminal attorney Pflaum may invoke to successfully defend his client include the following.
Defenses. The most common defenses that attorney Pflaum relies on to successfully defend an accusation of spousal abuse include the following.
- Provocation
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration
- Insufficiency of the evidence
- Motive of a witness to lie
- Inconsistent witness testimony
- Bias of the witness
- Ulterior motive of the alleged victim
- Financial interest in the outcome
- Improper police investigation
- Violation of constitutional rights
HOW THE CRIMINAL LAWYER FOR SPOUSAL ABUSE IN SAN DIEGO DEFENDS HIS CLIENT IN COURT
Statistics show that 95% of criminal cases are resolved prior to trial by way of a plea bargain.
Plea Bargaining. A plea bargain is an agreement between the judge, prosecutor, the defense attorney and his client regarding the charges and the punishment. The goal of a plea bargain is to dismiss or reduce the criminal charges and to avoid time in prison or jail.
The client is under no legal obligation to accept a plea bargain offer, but nearly every criminal case starts with the plea bargaining process.
Defense Strengths. Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully analyzes the police reports, fingerprints, videos, photographs of the scene, tape recordings, surveillance videos, and and witness statements to develop the strengths of a case.
Prosecution Weaknesses. By the same process Mr. Pflaum looks for and develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, violation of a client’s right to remain silent, discrepancies in the conduct of the loss prevention officers and/or investigating officers, missing or inconclusive evidence, and no video or camera surveillance to corroborate the alleged theft.
Effective Presentation. Attorney Pflaum 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 case proceeds to sentencing.
If the plea bargain offer is not acceptable to the client and the attorney, 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. The best type of defense at trial depends upon the circumstances surrounding the alleged spousal abuse, whether the client will testify, the testimony of the alleged victim, the investigation and testimony of police officers, witness statements, photographs, and forensic evidence.
THE CRIMINAL LAWYER FOR SPOUSAL ABUSE IN SAN DIEGO DEDICATED TO CLIENTS
Mr. Pflaum stands tall as the relentless legal representative of the accused. He understands the needs of his clients and the stress of dealing with legal issues.
He has the proven skills, experience and dedication to clients to make a difference for them. Trust him to make a difference for you as well.
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Contact us today for a legal consultation
WHAT IS SPOUSAL ABUSE
The term “spousal abuse” applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay and lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to “911” from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the “primary aggressor” and take him or her to jail.
The person arrested will be booked into jail for a felony. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.
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