A skilled criminal defense lawyer for battery in Encinitas with over 30 years experience, David Pflaum aggressively protects the rights of his clients to get the best possible results.
Just because a person was cited or arrested for an accusation of battery does not mean that he or she is guilty. The accused has rights and remedies. An experienced criminal defense lawyer makes a difference in the outcome of a battery prosecution.
HOW THE DEFENSE LAWYER HELPS HIS CLIENT BEFORE COURT
Battery under Penal Code section 242 is defined as the use of force or violence against another person. It is classified as a misdemeanor.
Assault is a similar accusation defined under Penal Code sections 240 and 245 as the intentional attempt to cause harm or to injure another person.
Many people believe that assault and battery are accusations that arise together, but generally the accused is charged with either assault or battery.
For a misdemeanor accusation the accused is typically given a Citation or a Notice to Appear in court and is not taken to jail.
A felony accusation of assault will result in the accused being arrested and taken to jail.
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.
Click on the following words to learn more: get out of jail.
INFORMATION ABOUT BATTERY AND ASSAULT
The determination of whether a battery or 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 to determine whether the case is a misdemeanor or a felony 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 or legal defense for the battery
DEFENSE LAWYER FOR BATTERY IN ENCINITAS STRATEGIES
There are many effective ways to defend and resolve an accusation of battery. The right resolution and the best defense depends upon the state of the evidence. Every case is different. Each client is unique.
The most common defenses that Mr. Pflaum may invoke on behalf of his client include the following.
- Self defense
- Defense of another
- Defense of property
- Justification
- 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
Statistics show that nearly 95% of criminal cases are resolved or settled prior to trial by way of a plea bargain.
A plea bargain is an agreement between the defense lawyer, the client, the prosecutor and the judge about how to resolve the case which usually involves a dismissal or reduction of the original charges. A plea bargain also typically includes an agreement about punishment such as no time in prison or jail, or alternatives to custody.
A client is under no obligation to accept a plea bargain offer, but it is the first stage in every criminal case.
Attorney Pflaum has extensive experience with gathering information about his client, analyzing the facts of the case, interviewing witnesses, reviewing the police reports and the evidence, to determine the strengths of the client’s case and convincing the prosecutor and judge to eliminate or reduce the charges and avoid time in jail.
If the plea bargain offer is acceptable to the client and the defense attorney, the client is sentenced either immediately or at a later time according to the terms of the plea bargain offer.
If the plea bargain is not accepted, the case continues to additional court dates and heads towards a trial.
Some cases, depending upon the state of the evidence and the client’s preference, may proceed to trial where Mr. Pflaum has substantial experience.
The right trial defense for a battery accusation depends upon the nature and number 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.
THE CRIMINAL DEFENSE LAWYER DEDICATED TO SERVING THE NEEDS OF THE ACCUSED
Mr. Pflaum understands the needs of his clients and the stress of dealing with legal issues. He has the compassion and expertise that makes a difference for them.
For immediate help call the right defender
Call: (760) 806-4333