A highly skilled criminal lawyer for Penal Code section 273.5, David Pflaum has over 30 years of experience effectively defending clients accused of inflicting corporal injury on a spouse in violation of PC 273.5
Just because a person was arrested for a violation of PC 273.5, commonly referred to as corporal injury to a spouse or domestic violence, does not mean he or she is guilty. The person has rights and remedies.
INFORMATION ABOUT A VIOLATION OF PENAL CODE 273.5
An accusation of inflicting corporal injury on a spouse, cohabitant, partner, girlfriend, boyfriend or significant other involves the allegation of willful use of force that results in a traumatic condition. A traumatic condition may be a bruise, cut or something more serious.
A violation of PC 273.5 may be charged as a felony or a misdemeanor depending upon the seriousness of the injury and the circumstances surrounding the incident giving rise to an arrest.
The most common related accusations include the following.
- Assault (Penal Code sections 240)
- Battery (Penal Code sections 242)
- Offensive touching (Penal Code section 243(e)
- 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)
When the police are called to investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor.
When a client has been arrested for an accusation of inflicting corporal injury on a spouse, the lawyer helps get the person out of jail as soon as possible.
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.
To learn more client here: get out of jail asap.
HOW THE CRIMINAL LAWYER FOR PENAL CODE SECTION 273.5 REPRESENTS HIS CLIENT
Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, the criminal defense lawyer gets vital information about the case as soon as possible.
Mr. Pflaum then delivers the most important information to the prosecutor’s office as soon as possible 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 right defense depends upon the state of the alleged evidence and the believability of the witnesses.
Typical defenses include the following.
- Provocation
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration
- Insufficiency of the evidence
- No proof in injury
- Motive of the alleged victim to fabricate
- Bias of the witnesses
- Improper police investigation
- Violation of constitutional rights
Statistics show that nearly 95% of cases filed in criminal court are resolved prior to trial 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 and an agreement for no time in prison or jail.
A client is under no obligation to accept a plea bargain offer but it is the first stage in every prosecution.
A successful resolution of a case depends on many factors such as the evidence in the case, the client’s current status and history, photographs of damaged property, photographs of injuries, medical reports, 911 tapes, the credibility of the alleged victim, statements made by the accused, statements made by the alleged victim, motive to lie, third party witness statements, and more.
Attorney Pflaum finds the strengths of his client’s case, and weaknesses of the prosecution’s case, in order to achieve an excellent plea bargain in the case.
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.
Some cases, depending upon the circumstances, the evidence, and the client’s desires, may proceed to jury trial where lawyer Pflaum has extensive experience and success. The best defense at trial depends upon whether the client will testify, the credibility of the alleged victim, 911 calls, photographs of injuries, and the police investigation.
THE SAN DIEGO CRIMINAL ATTORNEY DEDICATED TO SERVING HIS CLIENTS
Mr. Pflaum has the compassion and experience to make the difference for his clients.
Contact us today for a legal consultation
(760) 806-4333
MORE INFORMATION 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 for a felony. Bail will generally be set at an amount between $10,000 and $50,000 according to the San Diego County Bail Schedule.
The police 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 defending the charges.
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