The right Vista domestic violence attorney has the expertise that makes the difference for people.
Just because someone was arrested for domestic violence, also referred to as spousal abuse, does not mean they are guilty. They have rights and remedies. Vista domestic violence attorney David Pflaum defends his clients aggressively to deliver the right results.
Domestic violence charges range from felonies to misdemeanors.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 242)
- Domestic battery (Penal Code section 243e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
- Vandalism (Penal code section 594)
These are selected strategic defenses to an allegation of domestic violence.
- Self defense
- Insufficiency of the evidence
- Victim lack of credibility
- Lack of corroboration
- Violation of the right to remain silent
- Incomplete police investigation
- Bias of the witnesses
- No visible injury to the alleged victim
Advisal: If the alleged victim wants to drop the charges, this information is vital to the defense.
The effective defense begins with a consultation to learn the details of the detention. Next it is important to examine the police reports, witness statements, 911 calls, photographs, and body worn camera video.
Successful resolution of the case depends on presenting critical information about the strengths of the defense to the prosecution and judge. Diversion is a strategic 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 a beneficial agreement between the defense, the prosecution and the judge to dismiss or lower the charges, reduce the fines and penalties, and avoid time in custody.
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The Arrest Process
The term domestic violence applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, gay and lesbian partners, or people who live together in a romantic relationship.
These types of cases often start with a call to 911 from either a person involved in a dispute or from a neighbor or witness, and always end up in an arrest of the person considered by the police to be the primary aggressor.
The person arrested will be booked into jail for a felony. Bail will be set at an amount between $10,000 and $50,000 based upon the San Diego County Bail Schedule. The police forward the arrest report to the prosecutors office to determine whether to press charges in court.
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.