The Right Vista Criminal Lawyer For Assault And Battery

Reach out to a highly recommended Vista criminal lawyer for assault and battery. Just because a person is accused of assault and battery does not mean they are guilty. They have rights and remedies. Vista criminal lawyer David Pflaum aggressively defends his client to deliver the right results.

The terms assault and battery are heard together but are two separate criminal accusations. Assault is defined as the intentional attempt to cause harm or to injure another person (California Penal Code section 240). Assault is classified as a misdemeanor. If the assault is committed with a deadly weapon or by means of force likely to produce great bodily injury, assault is likely be charged as a felony (Penal Code section 245). A deadly weapon is any object, instrument, or weapon used in a manner that makes it capable of producing or actually produces great bodily injury.

Battery is defined as the willful and unlawful use of force or violence against another person (Penal Code section 242). Battery is classified as a misdemeanor.

These are strategic defenses to both accusations of assault and battery.

The alleged victim is not belieavable
Self defense
Defense of another
Lack of specific criminal intent
Lack of corroboration by witnesses
Insufficiency of the evidence
Violation of rights
Incomplete police investigation

Successful resolution of the assault or battery case depends on presenting critical information at the right time to the prosecution and judge about the strengths of the defense and the weaknesses of the investigation.

A request to the prosecutor before the first court date or afterwards to dismiss the charges based on new evidence the police overlooked may be effective. Diversion is a strategic process in which a client agrees to follow certain instructions from the judge like counseling or community service that upon completion results in dismissal of the case. The plea bargain is a beneficial agreement between the defense, prosecution and judge to dismiss or lower the charges, reduce the fines and penalties, and avoid time in custody.