A well known criminal defense lawyer for assault in Encinitas with 30 years of experience, David Pflaum protects the rights of his clients and gets the best possible results in court.
Just because a person is accused of assault does not mean that he or she is guilty. The accused has rights and remedies.
Get an experienced dedicated defender like attorney Pflaum on your side to make a difference in the outcome of an assault prosecution.
TYPES OF ASSAULT CHARGES
The determination of whether an assault will be filed by the prosecution as a misdemeanor or a felony will depend on the circumstances of the case.
Sometimes an assault may involve a simple threat with no injury, which would be a misdemeanor.
Other cases may involve the use of force likely to cause great bodily injury or use of a deadly weapon, like a knife or a gun or a tool, or the actual causing of serious injury to another, which would be a felony, possibly a “violent felony strike” or “serious felony strike.” (See Penal Code sections 240, 242, 245, 246, 667.5, 1192.7).
Some of the most common factors that the police and the prosecution will look at are
- Was anyone injured
- How serious are the injuries
- Was there great bodily injury to another
- Was there a weapon involved
- What type of weapon was involved
- Were there witnesses to the incident
- Who are the witnesses
- Who was the victim
- Does the victim desire prosecution
- Who is the accused
- What is the background of the accused
- What statements did the accused make to the police
- Was there a justification for the assault
Get Out of Jail. Virtually all people accused of assault will be arrested and booked into the county jail.
If a client is in jail there are several ways attorney Pflaum helps him or her get released before the first court date or during the first court date at the arraignment.
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 following words to learn more: get out of jail.
DEFENSE LAWYER FOR ASSAULT IN ENCINITAS STRATEGIES
Defenses. The right trial defense for an assault accusation depends upon the nature and number of witnesses, whether they are police officers or civilians, whether there are photographs, videos, 911 calls, medical records, forensic evidence, expert testimony, motive, bias, and the ability of witnesses to testify credibly.
Typical defenses include the following.
- Lack of positive identification of the accused
- Insufficient evidence
- Incomplete police investigation
- Self defense
- Defense of another
- Lack of motive
- Motive of the witness to lie
- Defense of property
- Justification
- Lack of criminal intent
- Lack of corroboration
- Insufficiency of the evidence
- Witness motive to fabricate
- Lack of proper identification of the accused
- Violation of Miranda right to remain silent
Plea Bargains. Statistics show that nearly 95% of criminal cases are resolved or settled prior to trial by way of a plea bargain.
A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge. The goal is to eliminate or reduce the charges, avoid time in prison or jail, or provide alternatives to custody, reduce the fines, and provide other favorable terms.
Other Terms. There are usually many other terms and conditions that are the subject of a plea bargain that include educational programs, public work service, rehabilitation, community service, sex offender registration, payment of restitution (damages), counseling, and voluntary service.
A client is under no obligation to accept a plea bargain offer, but it is the first stage in every criminal case.
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses. By the same process attorney Pflaum 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. The criminal defense attorney 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 client is sentenced immediately or at a later court date.
If the plea bargain is not accepted, the case continues to additional court dates and heads towards a trial.
If a plea bargain offer is acceptable to the client and criminal lawyer, the client is sentenced either immediately or at a later time.
If the plea bargain is not acceptable, the case continues to additional court dates and heads towards a trial.
Jury Trial. For cases that cannot be, or should not be, settled by way of a plea bargain, attorney Pflaum goes to trial with his client.
One of the best ways to win a case is to prepare for a trial, pick an excellent jury, make a compelling opening statement, cross examine witnesses, put on a defense, and tell a convincing closing argument.
Call the Right Defender™ for help
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