An accusation of assault with great bodily injury, also known ADW, is a serious felony. A skilled criminal defense attorney with more than 25 years of experience, David Pflaum protects the rights of his clients and gets the best possible results in court.
Just because a person is accused of committing an ADW does not mean that he or she is guilty. The accused has rights and remedies.
An experienced and dedicated attorney like Mr. Pflaum makes a difference in the outcome of an ADW prosecution.
HOW AN EXPERIENCED DEFENSE LAWYER HELPS THE CLIENT BEFORE COURT
Assault with force likely to cause great bodily injury may be a misdemeanor, though it is most often charged as a felony and may rise to the level of a felony “strike.”
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 are 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
Get Out of Jail. If the accused is in jail, there are several ways attorney Pflaum helps him or her get released before the first court date or during the first court date at the arraignment.
The release of the client can be accomplished by posting bail right away. The advantage is that the accused is released the same day; the disadvantage is the bail bond may cost a lot of money that is not refundable. It is wise to consult with Mr. Pflaum to get the best advice for your situation.
The release of the client can also be accomplished at the first court date by requesting from the court a release from custody without posting bail, also called a release on the client’s “own recognizance,” or a reduction in the amount of bail.
The advantage is that there is no cost to pay for a bond, or the cost may be reduced; the disadvantage is that the accused must wait in jail until the arraignment to get out of jail.
For more information click here: release from jail asap.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Once the attorney has the best information about the case, which includes the full background of his client, witness statements, the evidence seized by the police and other important factors, he goes to court to negotiate a plea bargain with the prosecution and the judge.
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 prosecution, judge, defense attorney and client to eliminate or reduce the charges, avoid or minimize the amount of time in prison and jail, or allow for alternatives to custody, reduce the fines, and may allow for a modification to be built into the deal for a better result upon successful completion of probation.
Defense Strengths. Good plea bargains come about because the criminal defense attorney knows his client well, investigates the case, carefully reviews the police reports, the medical records, DNA, fingerprints, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews 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. The criminal defense attorney 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 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.
Click here for more information: excellent plea bargains.
Jury Trial. For cases that cannot be, or should not be, settled by way of a plea bargain, attorney Pflaum is ready to prepare for and go to trial and get the best results possible for his client.
The best defense at trial depends upon the type of felony, the state of the evidence, the witnesses, whether the client will testify, the forensic evidence, and many other factors but commonly include the following.
- No criminal intent
- Insufficient evidence
- No corroboration
- No eye witness identification
- Witness bias
- No proof beyond a reasonable doubt
- Violation of the right to remain silent
- Coerced confession
- Inconsistent police testimony
- Incomplete investigation
- Failure of proof
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration
- Insufficiency of the evidence
- Witness motive to fabricate
- Lack of proper identification of the accused
For more information about jury trials click here: jury trial.
For further help or information, contact the right defender
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