A criminal lawyer for assault with over 25 years of experience, David Pflaum protects the rights of his clients and gets the right results for them.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT
Accusations of assault come in many varieties and range from a misdemeanor to a violent felony strike.
Factors to Consider. Some of the most common factors that the police and the prosecution consider 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
• The background of the accused
• What statements did the accused make to the police
• Was there a legal justification for the assault
Get Out of Jail. When a client is in jail, there are several ways attorney Pflaum helps him or her get released from jail before the first court date or during the first court date at the arraignment.
The procedures to get a person out of custody depend 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.
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.
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.”
Click on the following words to learn more: get out of jail.
CONTACT THE PROSECUTORS OFFICE
If the case is under investigation the defense lawyer gathers valuable information about the client, the alleged victim, and the facts of the arrest and provides this information to the prosecutor’s office in order to persuade the prosecution not to arrest the accused, not to file any charges in court, or to reduce the charges that are filed in court.
HOW THE DEFENSE LAWYER RESOLVES A CASE IN COURT
There are many ways to successfully defend an accusation involving assault. The right resolution and defense will depend upon the circumstances of the case.
Every case is different. Each client is unique.
Plea Bargain. Many times an assault case can be successfully resolved prior to trial if that is the common goal of the client and the attorney by way of a plea bargain.
Criminal Charges. The plea bargain is a vital part of the process in the criminal justice system that involves an agreement between the criminal defense lawyer, his client, the prosecutor, and the judge to dismiss or reduce the original criminal charges.
Punishment. The plea bargain usually includes an agreement about the terms of the punishment such as serving no time in jail, alternatives to serving time in jail, community service, and reduced fines.
Other Terms. There are usually many other terms and conditions that are the subject of a plea bargain that include educational programs, public work service, rehabilitation, community service, sex offender registration, payment of restitution (damages), counseling, and voluntary service.
An experienced criminal defense attorney knows what the best plea bargain should be and how to get it done right for his client.
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, witness interviews, and everything else associated with the case 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.
THE DEFENSE LAWYER TO DEFEND AN ASSAULT CHARGE AT 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 or videos, what the other evidence consists of, and the facts of the case.
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
Contact the right defender for help right now
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