David Pflaum is the right criminal defense lawyer for domestic violence in Vista with the expertise that makes the difference for people. Just because someone was arrested does not mean they are guilty. They have rights and remedies. Attorney Pflaum aggressively defends his clients to deliver the right results.
The defense begins with a consultation to learn about the arrest. Next the evidence must be carefully analyzed including police reports, witness statements, 911 calls, body worn cameras, and photographs. These are fundamental defenses.
- Self defense
- Motive of the victim to fabricate
- Defense of another
- Lack of corroboration from witnesses
- Insufficiency of the evidence
- Bias of a witnesses
- Incomplete police investigation
- Failure to advise of rights
- Lack of visible injury
If the alleged victim wants to drop the charges, this information is vital to the defense.
The right resolution of the case depends on presenting critical information to the prosecution and judge about the strengths of the defense. A direct request to the prosecutor either 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 the client agrees to follow instructions from the court like counseling or community service that, upon completion, results in dismissal of the case. The plea bargain is a very beneficial agreement between the defense, prosecution and judge to dismiss or lower the charges, reduce the fines and penalties, and avoid time in custody.
THE RECOMMENDED LAWYER
FOR DOMESTIC VIOLENCE IN VISTA
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Definitions
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.