A skilled domestic violence lawyer in Carlsbad with three decades of experience, David Pflaum aggressively defends the rights of clients charged with domestic violence.
Just because a person was arrested for domestic violence, also known as spousal abuse, does not mean the person is guilty. The person has constitutional rights and remedies.
An experienced defense attorney makes a difference in the outcome of an arrest or prosecution for domestic violence.
Accusations. The most common accusations related to domestic violence range from felonies to misdemeanors and include the following.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 242)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
- Vandalism (Penal Code section 594)
Virtually all allegations of domestic violence involve the unlawful use of force upon another who is married to, living with, or dating the accused.
Punishment can range from a maximum of six months in local custody up to three years, assuming the accused has no prior convictions and the alleged victim did not suffer great bodily injury.
Get Out Of Jail. When the police are called to investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor.
Mr. Pflaum is prepared to assist his client to get out of jail as soon as possible.
The procedures to get a person out of custody depend on the circumstances of the alleged crime, the position of the alleged victim, 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.
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Contact The Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim if willing to cooperate with the defense, interviews with witnesses, and additional facts about the detention and arrest, Mr. Pflaum gets vital information about the case.
He then delivers the information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any criminal charges or to reduce the charges.
Investigation. If you are the subject of an investigation for alleged domestic violence and the police or a detective wants to speak with you, you should immediately seek the guidance of an experienced criminal defense attorney to protect your interests.
Attorney Pflaum properly advises his client of their constitutional rights and how to invoke their rights for protection. More importantly Mr. Pflaum speaks to police or a detective on behalf of the client to prevent an arrest or prosecution in court.
DOMESTIC VIOLENCE LAWYER IN CARLSBAD DEFENSE STRATEGIES
There are many ways an experienced criminal lawyer successfully defends an accusation of domestic violence. Every case is different. Each client is unique.
Attorney Pflaum meets with his client to find out what may have occurred to cause an investigation, detention and arrest for domestic violence, learns about the client including but not limited to his or her present standing in the community, background, education, employment, professional credentials, military experience, and physical and mental health. This information is often helpful to resolve the case.
He also analyzes the contents of the criminal file provided by the prosecution including witness statements, the identity and background of the alleged victim, police investigations and reports, tape recordings, 911 calls, medical records when applicable, photographs, and any other evidence seized by the police. This information is necessary in order to apply the best defense strategy.
Common strategic defenses that Mr. Pflaum may invoke in order to successfully defend his client include the following.
- Self defense
- Defense of another
- Defense of property
- Provocation
- Insufficiency of the evidence to prove the charges
- Lack of corroboration by a third party
- Ulterior motive of a witness to lie
- Bias of the alleged victim to fabricate
- Lack of specific criminal intent
- No proof of injuries to the alleged victim
- Failure to advise the client of rights
- Lack of credibility of the complaining victim
- Violation of the right to remain silent
- Incomplete police investigation
ALTERNATIVE METHODS TO RESOLVE A DOMESTIC VIOLENCE CASE
Both misdemeanor and felony cases are commonly resolved 95% of the time prior to trial by way of a plea bargain.
A plea bargain is an agreement between the prosecution, judge, defense attorney and client to resolve a case by dismissing or reducing the original charges, avoiding time in jail, and reducing the fines.
A client is under no legal obligation to accept a plea bargain offer, but plea bargaining is the first stage in nearly every criminal case.
Strengths. Mr. Pflaum develops the strengths of his client’s case and the weaknesses of the prosecution’s case. He accomplishes this by analyzing the police reports, 911 calls, photographs, diagrams, witness statements, victim’s statements, phone records, medical reports, and other evidence that is present in the case–or is missing from the case.
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, inconclusive evidence, and problems in the forensic evidence.
Effective Presentation. He 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 acceptable to the client and the defense attorney, the case is settled and proceeds to sentencing either immediately or at a later court date.
If the plea bargain offer is not acceptable, the case continues to further hearings and heads towards a jury trial.
Jury Trial. Some cases, depending upon the client’s preference and the state of the evidence, may proceed to jury trial where Mr. Pflaum has substantial experience.
The best type of defense to be used at trial depends upon whether the accused will testify, the credibility of the alleged victim, testimony from witnesses, photographs, videos, 911 calls, medical records if any, forensic evidence, and the police investigation and reports.
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THE DOMESTIC VIOLENCE LAWYER IN CARLSBAD DEDICATED TO JUSTICE
Domestic violence lawyer Pflaum truly cares about the needs of his clients. He has the experience, expertise and dedication that makes a difference for them.
For the right representation
(760) 806-4333
MORE ABOUT IS DOMESTIC VIOLENCE
The term domestic violence applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay and lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to 911 from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the primary aggressor and take him or her to jail.
The person arrested will be booked into jail for a felony. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.
DEFINITIONS OF DOMESTIC VIOLENCE CHARGES
Assault, California Penal Code section 240
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Battery, Penal Code section 242
A battery is any willful and unlawful use of force or violence upon the person of another.
Battery on a Wife, Husband, Boyfriend, or Girlfriend, Penal Code section 243(e)
When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiance, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.
Assault with Force, Penal Code section 245
Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail not exceeding one year.
Corporal Injury on a Wife, Husband, Boyfriend, or Girlfriend, Penal Code section 273.5
Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, a fine of up to six thousand dollars ($6,000), or by both the fine and imprisonment.
Criminal Threats, Penal Code section 422
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety.