There are many effective defenses to an assault accusation.
Just because a person is accused of assault does not mean that he or she is guilty. The person has constitutional rights and remedies.
David Pflaum is the right defender who serves people with expertise and compassion that gets results.
There are different types of assault accusations that range from a misdemeanor to a violent strike felony.
The exact assault accusation depends upon the type of force allegedly applied, whether there were injuries, and whether an instrument, tool, weapon or vehicle was allegedly used in the assault. (See Penal Code sections 240, 242, 245, 246).
Simple assault is a misdemeanor defined as the attempt to use unlawful force upon another according to Penal Code 240. An accusation of assault is punishable by up to six months in custody and a fine of $1000 plus penalty assessments.
Aggravated assault is defined as the attempt to use great force upon another, or the actual application of great force upon another, that could have or did result in great bodily injury (Penal Code sections 245, 667.5, 1192.7, 12022.7).
The determination of whether an assault will be filed by the police or prosecution as a misdemeanor or felony depends on the circumstances of the case. Some of the most common factors that the police and the prosecution examine are the following.
Professional representation begins with a consultation to learn about the alleged assault and the clients general background.
When a client is in jail, the consultation focuses on gathering essential information in order to get the client released.
The next step is to determine the accuracy of the law enforcement reports, quality of the evidence, credibility of the alleged victim, and reliability of witnesses.
The following strategic defenses apply to charges of assault.
- Self defense
- Defense of anther
- Defense of property
- The alleged victim is not credible
- Violation of rights
- No witness to confirm the assault
- Insufficient evidence
- Biases police investigation
- No specific criminal intent
The effective way to resolve an assault case depends on what is in the best interest of the client.
The first and most common method is by way of a plea bargain.
A plea bargain is an agreement between the criminal justice lawyer, his client, the prosecutor and the judge that may include dismissal or reduction of the charges, no time in jail, and other beneficial terms.
Attorney Pflaum secures excellent plea bargains by presenting favorable information about his client, aggressively asserting their rights, and exposing weaknesses in the prosecution case.
The second, less common, way to resolve a case is by way of a jury trial.
Winning the jury trial involves a strong statement to the jury in support of the defense, aggressively examining prosecution witnesses to show they are not credible, and persuading the jury with evidence that the client is not guilty.
THE RIGHT CRIMINAL JUSTICE LAWYER
FOR DEFENSES TO ASSAULT
(760) 806-4333
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