A highly skilled criminal lawyer with more than 25 years of experience, David Pflaum knows the best defenses to battery, protects his client’s rights and gets the best possible results in court.
The accused has constitutional rights. Stand up for your rights.
An experienced defense attorney can make the difference in the outcome of a prosecution for battery.
A BATTERY CHARGE
Battery is defined under Penal Code section 242 as the use of force or violence against another person.
An accusation of battery also may be joined with an accusation of assault which is defined under Penal Code section 240 as the intentional attempt to cause harm or to injure another person.
A battery or assault charge may be a misdemeanor or a felony. A misdemeanor is a less serious charge than a felony.
Some of the most common factors that the police and the prosecution will look at are:
• 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 LAWYER HELPS IF A CLIENT IS IN CUSTODY
It is rare for a client charged with battery to be in custody. Most clients who are charged with battery are given a written Notice To Appear in court.
Get Out of Jail. If a client is placed 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 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.
Click on the following words to learn more: get out of jail asap.
HOW AN EXPERIENCED CRIMINAL DEFENSE LAWYER HELPS THE CLIENT BEFORE COURT
Initial Consultation. The attorney meets with the client to talk about the case during an initial office consultation. The experienced criminal defense attorney wants to learn everything he can about the case from his client about what happened to cause the accusation of battery, as well as to learn everything about the client including his or her employment, standing in the community, education, history, and support by others.
Contact the Prosecutor’s Office. The defense lawyer gets vital information about the client, the evidence, the alleged victim, and the case as soon as possible.
The defense lawyer delivers the vital information to the prosecutor’s office with the goal of persuading the prosecutor’s office not to file any criminal charges against the arrested person, or to reduce the charges.
THE DEFENSE LAWYER HELPS DURING THE COURT PROCESS
Plea Bargain. Once the attorney has the best information about the case, which might include the full background of his client, the client’s account of what happened, witness statements, and any other important factors, he goes to court to negotiate a plea bargain with the prosecution and the judge.
A plea bargain is an offer to eliminate or reduce the original criminal charges, avoid time in prison or jail, or find alternatives to custody, reduce the fines, and may allow for a modification to be built into the deal for even 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, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews to develop the strengths of the case.
Prosecution Weaknesses: By the same process, Mr. Pflaum also develops weaknesses in the prosecutor’s case such as inconsistencies in witness statements, problems with the arrest or the investigation, and evidence that may be missing or inconclusive.
Effective Presentation. The criminal defense attorney then makes a persuasive presentation about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve a plea bargain for his client.
In many cases the client will never have to go to court. Mr. Pflaum does all the work on behalf of the 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 continues to aggressively defend the case as it heads towards a trial.
Click here for more information: excellent plea bargains.
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, motive, bias, and the ability of witnesses to testify credibly.
Some successful defenses for a charge of battery are the following.
- Defense of another
- Defense of property
- Insufficient evidence
- No proof beyond a reasonable doubt
- One person’s word against another
- Lack of corroboration
- Lack of credibility of witnesses
- Bias of witness
- Motive to lie
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