For an accusation of a criminal threat in violation of Penal Code 422, David Pflaum is a prominent defense lawyer with 30 years expertise to get the best possible results for his clients.
Just because a person was arrested for making a criminal threat in violation of PC 422 does not mean that he or she is guilty. The accused has rights and remedies.
An experienced defense lawyer like Mr. Pflaum makes a difference in the outcome of a prosecution for a criminal threat.
Definitions. California defines a criminal threat in violation of Penal code section 422 as basically threatening to hurt or kill another person.
A violation of Penal Code section 422 may be either charged as a felony strike or a misdemeanor.
The accusation usually arises in the heat of the moment at professional sporting events, bars, recreational locations and domestic disputes when the accused is upset, under the influence of alcohol or acting under duress. The person does not really mean to follow-up on the alleged threat.
An accusation of a criminal threat in violation of Penal Code section 422 may be either a felony strike offense or a misdemeanor.
Get Out Of Jail. Virtually all persons charged with a violation of PC 422 are arrested and placed into jail.
If you or someone you know has been arrested and put in jail, Mr. Pflaum helps get the person out of jail as soon as possible.
The procedures to get a person out of custody depend 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.
Click on the words get released to learn more.
STRATEGIES TO GET THE RIGHT RESULTS FOR AN ACCUSATION OF A CRIMINAL THREAT
During the first consultation attorney Pflaum meets with his client to examine the entire case, including the client’s version of what happened to cause an accusation of a criminal threat to arise, the client’s current status and background, the arrest reports, witness statements, and the alleged evidence to determine the right defense strategy.
Defenses. There are many viable defenses to an accusation of violation of Penal Code 422.
The right defense depends upon the facts of the case, the identity and background of the accused, the alleged evidence, the identity and background of of the alleged victim, the witnesses, and the police investigation.
A strong defense is that the accused did not have the specific intent to threaten someone, the the present ability to follow-up on the threat, or the proper mental state due to intoxication or the heat of passion.
Alternatively another defense is that the person receiving the threat did not believe the threat to be credible or serious.
Other strategic defenses that attorney Pflaum may invoke in order to successfully defend his client include the following.
- Insufficient evidence to prove the charge
- No corroboration of the alleged threat
- No eye witness identification of the accused
- Witness bias not to tell the truth
- No proof beyond a reasonable doubt
- The alleged threat was not believable
- The accused did not have specific criminal intent
- The alleged victim was not in fear as a result of the threat
- Violation of the right to remain silent
- Coerced confession of the accused
- Inconsistent police testimony
- Incomplete investigation
- Failure prove the elements of the offense
Plea Bargaining. Statistics show that nearly 95% of criminal cases in court are resolved prior to trial by a plea bargain
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, avoid public work service, and reduce the fines.
A client is under no obligation to accept a plea bargain offer, but plea bargaining is the first stage of every criminal prosecution.
Strategies. To get an excellent plea bargain criminal defense attorney Pflaum develops the strengths of his client’s case and the weaknesses of the prosecution’s case.
Defense Strengths. Mr. Pflaum accomplishes this by analyzing the case, reviewing the arrest reports, viewing diagrams of the area of detention and arrest, experts reports, witness statements, video and surveillance tapes, phone records, financial records, bank statements, and any other evidence the police rely on.
Prosecution Weaknesses. By the same process Mr. Pflaum attorney 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. 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 goes to the next court date for sentencing.
If the plea bargain is not accepted, the client and the defense attorney continue to aggressively defend the case as it heads towards a trial.
Jury Trial. Some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where Mr. Pflaum has many years of successful experience.
For more information about jury trials click here: jury trial.
THE RIGHT DEFENSE ATTORNEY FOR A CRIMINAL THREAT
Defense attorney Pflaum has earned a reputation in the legal community for his relentless and successful representation of clients. He stands up for their rights and gets the right results.
(760) 806-4333
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