The recommended defense lawyer for spousal abuse in Vista has the expertise that makes the difference for people. Defense lawyer David Pflaum aggressively defends his client to deliver the right results.
Advisal: If the alleged victim wants to drop the charges, this information is vital to the defense.
Spousal abuse accusations range from felonies to misdemeanors. These are the most common spousal abuse charges.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 242)
- Offensive touching (Penal Code section 243(e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
- Vandalism (Penal Code section 594)
These are effective defense strategies.
- Self defense
- Lack of victim credibility
- Insufficiency of the evidence
- Lack of corroboration from a third party
- Lack of visible injury
- Failure to advise of rights
- Incomplete police investigation
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 request to the prosecution before the first court date or afterwards to dismiss the charges based on new evidence may be effective. Diversion is a strategic process in which a client follows orders from the court like counseling or community service that upon completion results in a dismissal. The plea bargain is an excellent agreement between the defense, prosecution and judge to dismiss or reduce the charges and avoid time in custody.
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More About Spousal Abuse Charges
The term spousal abuse applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, gay and lesbian partners, or people who live together in a romantic relationship. These types of cases often start with a call to 911 from either a person involved in a dispute or from a neighbor or witness, and always end up in an arrest of the person considered by the police to be the primary aggressor. The person arrested will most likely be booked into jail for a felony. Bail will be set at an amount between $10,000 and $50,000 based upon the San Diego County Bail Schedule.
The police will forward the arrest report to the prosecutors office to determine whether to press charges in court. Depending upon the time and day of the arrest, the person who was arrested must generally be brought to court within two business days to begin defending the case in court.