SKILLED CRIMINAL DEFENSE ATTORNEY FOR AN ACCUSATION OF ASSAULT WITH GREAT BODILY INJURY
An accusation of assault with great bodily injury, also known ADW, and assault with force, requires the service of a skilled criminal defense attorney with more than 25 years of experience to protect the clients rights and get the best possible results in court.
Assault with force likely to cause great bodily injury may be a misdemeanor, a felony, or a “strike” offense.
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
HOW THE DEFENSE LAWYER HELPS HIS CLIENT BEFORE COURT
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.
Post Bail: 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.
Request Release from the Judge: 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.
Click on the word “released” above for more information about getting out of jail.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT IN COURT
Many times an assault case can be successfully resolved or settled prior to trial if that is the common goal of the client and the attorney.
This process is typically referred to as plea bargaining.
Plea Bargaining: The first part of a criminal case involves plea bargaining in which the defense, the prosecution, and the judge try to resolve the case.
A good plea bargain should eliminate or reduce the original charges and avoid further time in custody. In certain circumstances the plea bargain should also protect the client from bad consequences with his or her employment.
To get an excellent plea bargain, the defense attorney must first get to know his client well, including the client’s account of the incident, background, present status, and standing in the community.
The defense attorney analyzes the police reports, 911 calls, photographs, diagrams, witness statements, alleged victim’s statements, phone records, medical reports and any other evidence in the case to determine the strengths of the client’s case and the weaknesses of the prosecution’s case.
The defense attorney then makes a presentation to the prosecution and the judge to get a favorable plea bargain for the client.
If the plea bargain offer is acceptable to the client and the attorney, the case is resolved. If not the case continues to additional court dates and heads towards a trial.
Jury Trial: Sometimes it is necessary to go to trial in order to prove that the accused is not guilty.
This process includes selecting a jury of 12 members of the community to listen to the evidence, opening and closing statements, direct and cross examination of witnesses, and presentation of exhibits and evidence.
The best type of defense to be used at trial depends upon the type of witnesses, whether they are police officers or civilians, whether there are photographs, videos, 911 calls, medical records, forensic evidence, expert testimony, DNA, motive, bias, and the ability of witnesses to testify credibly.
The most common defenses are as follows.
- Self defense
- Defense of another
- Defense of property
- Lack of criminal intent
- Lack of corroboration
- Insufficiency of the evidence
- Witness motive to fabricate
- Lack of proper identification of the accused
- Violation of Miranda right to remain silent
For further help or information, contact the right defender
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