A top domestic violence lawyer in Carmel Valley with 30+ years experience, David Pflaum provides highly effectively defense services to his clients.
Just because a person was arrested for domestic violence, also called spousal abuse, does not mean he or she is guilty. The person has many constitutional rights and remedies.
DOMESTIC VIOLENCE LAWYER IN CARMEL VALLEY DEFENSE SERVICES
Mr. Pflaum provides compassionate but aggressive representation to defend and resolve a case of alleged domestic violence. The most common accusations related to domestic violence range from felonies to misdemeanors and include the following.
- Assault (Penal Code section 240)
- Battery (Penal Code section 242)
- Offensive touching (Penal Code section 243e)
- Assault with force (Penal Code sections 245)
- Inflicting corporal injury (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging or obstructing a telephone (Penal Code section 591)
- Vandalism (Penal Code section 594)
Virtually all domestic violence cases allege involve the use of force upon another who is married to, living with, or dating the accused. Punishment can range from a maximum of six months in local custody up to three years.
When the police are called to investigate an accusation of domestic violence, they will arrest and take to jail the person who they believe was the primary aggressor. Bail will be set according to the charges and the San Diego County Bail Schedule. For more information click here: release from jail.
Depending upon the circumstances, such as assistance from the alleged victim and interviews with witnesses, attorney Pflaum gathers vital information about the case as soon as possible.
He delivers the information to the prosecutor’s office as soon as possible with the goal of persuading the prosecutor’s office not to file any charges against the accused or to reduce the charges.
DOMESTIC VIOLENCE LAWYER IN CARMEL VALLEY DEFENSE STRATEGIES
There are many ways an experienced criminal lawyer defends an accusation of domestic violence. Every case is different. Each client is unique.
The professional defense begins with an initial consultation with the client to learn the facts of the case and the client’s general background. Next Mr. Pflaum analyzes the contents of the criminal file provided by the prosecution including witness statements, the identity and background of the alleged victim, police investigations and reports, tape recordings, 911 calls, medical records when applicable, photographs, and any other evidence seized by the police.
Common strategic defenses that Mr. Pflaum may invoke in order to successfully defend his client include the following.
- Self defense
- Defense of another
- Defense of property
- Provocation
- Insufficiency of the evidence to prove the charges
- Lack of corroboration by a third party
- Ulterior motive of a witness to lie
- Bias of the alleged victim to fabricate
- Lack of specific criminal intent
- No proof of injuries to the alleged victim
- Failure to advise the client of rights
- Lack of credibility of the complaining victim
- Violation of the right to remain silent
- Incomplete police investigation
An alternative method to resolve a case of domestic violence is by way of a plea bargain. A plea bargain is an agreement between the client, defense lawyer, prosecutor and judge that may include a dismissal or reduction of charges, no time in prison or jail, and other terms and conditions.
To achieve an excellent plea bargain offer, Mr. Pflaum develops the strengths of his client’s case and the weaknesses of the prosecution’s case. He accomplishes this by analyzing the police reports, 911 calls, photographs, diagrams, witness statements, victim’s statements, phone records, medical reports, and other evidence that is present in the case–or missing from the case–to successfully persuade the prosecutor and judge to receive an excellent plea bargain offer for the client.
If the plea bargain is acceptable to the client and the defense attorney, the judge will sentence the client in accordance with the terms of the plea bargain immediately or at a future court date. If the plea bargain offer is not acceptable to the client and defense attorney, the case continues to additional court dates and heads towards a jury trial.
Some cases, depending upon the circumstances, the evidence, and the client’s preference, may proceed to jury trial where lawyer Pflaum has extensive experience and success.
The best defense at trial depends upon the circumstances of the detention and arrest, statements and admissions by the client made during the investigation and arrest, the credibility of the alleged victim, the evidence, testimony of witnesses, photographs, medical records if any, 911 calls, and police officer testimony.
THE DOMESTIC VIOLENCE LAWYER IN CARMEL VALLEY DEDICATED TO JUSTICE
Domestic violence lawyer Pflaum attorney understands his clients needs. He has the compassion and dedication to make a difference for them.
(760) 806-4333
MORE ABOUT DOMESTIC VIOLENCE
The term domestic violence applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, legal partners, gay or lesbian couples, and people who live together in a romantic relationship.
These types of cases almost always start with a call to “911” from either a person involved in a dispute or from a neighbor or a witness.
More than one police officer will be dispatched to the scene to investigate the case. The police will interview everyone at the scene and photograph any alleged injuries. The police will then arrest the person believed to be the “primary aggressor” and take him or her to jail.
The person arrested will be booked into jail. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police will then forward the arrest report to the prosecutor’s office which will determine whether to press charges in court.
Depending upon the time and day of the arrest, the person who was arrested if he/she is in custody will generally be brought to court within two business days to begin the process of fighting the charges.
DEFINITIONS OF DOMESTIC VIOLENCE CHARGES
Assault, California Penal Code section 240
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
Battery, Penal Code section 242
A battery is any willful and unlawful use of force or violence upon the person of another.
Battery on a Wife, Husband, Boyfriend, or Girlfriend, Penal Code section 243(e)
When a battery is committed against a spouse, a person with whom the defendant is cohabiting, a person who is the parent of the defendant’s child, former spouse, fiance, or a person with whom the defendant currently has, or has previously had, a dating or engagement relationship, the battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment.
Assault with Force, Penal Code section 245
Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm or by any means of force likely to produce great bodily injury shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail not exceeding one year.
Corporal Injury on a Wife, Husband, Boyfriend, or Girlfriend, Penal Code section 273.5
Any person who willfully inflicts upon a person who is his or her spouse, former spouse, cohabitant, former cohabitant, or the mother or father of his or her child, corporal injury resulting in a traumatic condition is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, a fine of up to six thousand dollars ($6,000), or by both the fine and imprisonment.
Criminal Threats, Penal Code section 422
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety.