David Pflaum is the highly skilled criminal lawyer with 30 years expertise for defense of Penal Code 245 assault by force likely to produce great bodily injury (GBI).
Just because a person was accused of assault does not mean that he or she is guilty. The person has constitutional rights and remedies.
An experienced and dedicated criminal lawyer makes a difference in the outcome of an assault prosecution.
Get Out of Jail. Virtually all people arrested for assault are put in jail with bail set according to the San Diego County Bail Schedule.
Attorney 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 and 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.
Click on the following words to learn more: get out of jail.
Assault Definitions. A simple assault is defined under Penal Code section 240 as the intentional attempt to cause harm or injure another person. Simple assault is a misdemeanor punishable by up to six months in custody and a $1000 fine plus penalty assessments.
If the assault is committed with a deadly weapon or by means of force likely to produce great bodily injury, the accused will most likely be charged with assault with a deadly weapon under Penal Code 245.
A deadly weapon is defined generally as any object, instrument, or weapon that is used in a manner that makes it likely to produce great bodily injury, or does in fact cause great bodily injury.
An assault charge may be a misdemeanor or a felony. A misdemeanor is a less serious charge than a felony.
The determination of whether an assault will be filed by the prosecution as a misdemeanor or a felony will depend on the circumstances of the case. Some of the most common factors that the police and the prosecution will look at include the following,
• Was anyone injured
• Was there a weapon involved
• Were there witnesses to the incident
• Who was the victim
• Does the victim desire prosecution
• Who is the accused
• What is the background of the accused
• What statements did the accused make to the police
• Was there a justification for the assault
PENAL CODE 245 ASSAULT DEFENSE STRATEGIES
There are many ways an experienced criminal lawyer successfully defends an accusation of Penal Code 245 assault. Every case is different. Each client is unique.
Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest. It is also helpful to learn about the client’s status including but not limited to employment, ties to the community, professional licenses, education, training, military experience, and mental and physical health.
Mr. Pflaum also analyzes the criminal file presented by the prosecution including but not limited to forensic evidence, the identity and background of the alleged victim, the police investigation and reports, witness statements, 911 calls, video recordings from police body cameras and patrol units, and medical records in order to apply the best defense strategy.
Strategies. The most common defense strategies attorney Pflaum may successfully invoke on behalf of his client include the following.
- Self defense
- Defense of another
- Defense of property
- Justification
- Lack of specific criminal intent
- Lack of corroboration by a third party
- Insufficiency of the evidence to prove the charge
- Witness motive to fabricate
- Victim motive to lie
- Lack of injury to the victim
- Witness bias not to tell the truth
- Incomplete police investigation
- Lack of proper identification of the accused
- Violation of Miranda right to remain silent
ALTERNATIVE STRATEGIES TO RESOLVE AN ASSAULT ACCUSATION
Plea Bargain. Statistics show that nearly 95% of criminal cases are settled before trial by way of a plea agreement.
A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge to eliminate or reduce the charges, avoid time in prison or jail, and reduce the fines.
A client is under no obligation to accept a plea bargain, but plea bargaining is nearly always the first stage in a criminal prosecution.
Defense Strengths. Good plea bargains come about because criminal attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, witness interviews, and everything else associated with the case to develop the strengths of a case.
Prosecution Weaknesses. By the same process the criminal defense attorney 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, missing or 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 accepted by the client and his defense attorney, the case then goes to the next court date for sentencing.
If the plea bargain is not accepted, then the client and the defense attorney continue to aggressively defend the case as it heads towards a 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 extensive experience.
The best type of defense at trial depends upon the identity and credibility of the alleged victim, the witnesses, police officer investigation and testimony, photographs, videos, 911 calls, medical records, and forensic evidence.
CRIMINAL LAWYER FOR PENAL CODE 245 ASSAULT GETS THE RIGHT RESULTS
Attorney Pflaum is a relentless defender of clients charged with Penal Code 245 assault. He has the dedication, experience and expertise to make a difference for them.
For the right legal representation
Proudly representing clients in Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego – Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – Mission Hills – Bonita – Valley Center – Bonsall – Spring Valley – Lemon Grove – La Mesa
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