A skilled criminal defense attorney with more than 25 years of experience, David Pflaum protects the rights of his clients charged with assault with great bodily injury, also known assault with a deadly weapon (“ADW”), and gets the best possible results in court.
Just because a person is accused of committing an assault with great bodily injury 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 assault prosecution.
HOW THE CRIMINAL LAWYER EFFECTIVELY REPRESENTS HIS CLIENT BEFORE COURT
Attorney Pflaum works extensively to examine the evidence in the case and meet with his client and witnesses in order to determine the best course of defensive action.
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
Almost every person accused of a assault with great bodily injury is arrested and put into jail with bail set according to the San Diego County Jail schedule.
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 procedures to get a person out of custody depends 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.
For more information click here: release from jail asap.
HOW THE LAWYER FOR ASSAULT WITH GREAT BODILY INJURY VIGOROUSLY REPRESENTS HIS CLIENT IN COURT
There are many ways an experienced criminal lawyer like Mr. Pflaum successfully defends an accusation of assault.
Every case is different. Each client is unique.
Plea Bargain. A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge. The goal is to eliminate or reduce the charges, avoid time in prison or jail, and reduce the fines.
Statistics show that nearly 95% of criminal cases are settled before trial by way of a plea agreement.
A client is under no obligation to accept a plea bargain, but plea bargaining is always the first stage in a criminal prosecution.
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.
Strategies. The most common defense strategies attorney Pflaum relies on to secure a favorable plea bargain offer are as follows.
- 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
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.
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.
For more information about jury trials click here: jury trial.
THE LAWYER FOR ASSAULT WITH GREAT BODILY INJURY GETS THE RIGHT RESULTS FOR HIS CLIENTS
Attorney Pflaum is a relentless defender and legal advocate of his clients charged with assault with great bodily injury.
For further help or information contact the right defender
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