Call On The Right Defense Attorney For Criminal Threats

David Pflaum is the right defense attorney for criminal threats with the expertise that makes the difference for people. Just because a person was arrested for making a criminal threat does not mean that he or she is guilty. They have rights and remedies. Attorney David Pflaum aggressively and effectively represents his client and delivers the right results.

California law defines a criminal threat as making an oral or written threat to hurt another person that places the person in fear (Penal Code 422). A violation of Penal Code section 422 may be charged as a felony or misdemeanor.

Criminal threats typically arise in the heat of the moment at parties, social gatherings, sporting events, bars, recreational outings, and domestic disputes. These are effective defenses to an accusation of criminal threats.

The victim is not credible
The accused had no real intent to harm another
The accused had no ability to follow up on the threat
The victim was not in fear
No specific criminal intent due to intoxication
Insufficiency of the evidence
No corroboration of the threat
Violation of the right to remain silent

The proper defense begins with a consultation to learn about the facts of the detention and arrest. Next it is important to know the background of the client because it often plays a significant part in resolving the case effectively. Finally all of the evidence must be thoroughly analyzed including police reports, witness statements, 911 calls, body worn cameras, smart phone recordings, photographs, test results, and records. With all of this information in hand, the right defender is ready to roll.

Successful resolution of the case depends on presenting critical information to the prosecution and judge about the strengths of the defense and the weaknesses of the investigation. A direct 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 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.