David Pflaum is recognized in the community as the right lawyer for domestic violence charges. Because he provides the guidance, service and expertise that every person must receive from their defense attorney. And delivers the right results.
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The right defender begins with a consultation to get the facts about the investigation. Next, he learns about the client’s background because plays an important part in resolving the case. Finally, he examines the evidence including police reports, witness statements, 911 calls, body worn camera video, smart phone recordings, photographs, test results, and records.
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These are the most common accusations related to domestic violence.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 243e)
- 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)
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.
These are defenses to a charge of domestic violence.
- Provocation
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration by a third party
- Insufficiency of the evidence to prove the charge
- Motive of a witness to fabricate
- Bias of the witness to tell a story
- Improper police investigation
- Violation of constitutional rights
- Motive of the alleged victim to lie
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Successful resolution of the case depends on presenting critical information about the strengths of the defense and the weaknesses of the prosecution at the right time of the proceedings.
A direct request to the prosecutor 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 court process in which a client agrees to follow certain instructions from the judge like counseling or community service that, upon completion, results in a dismissal of the case. The plea bargain is an agreement between the defense, prosecution and judge to dismiss or lower the charges, reduce the fines and penalties, and avoid time in custody. A jury trial requires an excellent opening statement, presentation of evidence, examination of witnesses, and reasonable doubt about the guilt of the accused.
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THE RECOMMENDED DEFENSE LAWYER FOR DOMESTIC VIOLENCE
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MORE ABOUT 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.