A highly recommended criminal lawyer for domestic violence in San Marcos is David Pflaum.
Just because a person was arrested for domestic violence, also known as spousal abuse, does mean he or she is guilty.
The person has constitutional rights and remedies.
Lawyer Pflaum aggressively asserts those rights and works skillfully to get the best possible results.
Call on him today. He is the right defender to help you.
Click here 760-806-4333
CRIMINAL LAWYER FOR DOMESTIC VIOLENCE IN SAN MARCOS SERVICES
An effective domestic violence lawyer has extensive knowledge regarding the laws and statutes that apply to the prosecution and defense of domestic violence charges.
The most common accusations related to domestic violence range from felonies to misdemeanors and include following.
- Assault (Penal Code sections 240)
- Battery (Penal Code section 243)
- 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 allegations of domestic violence involve the unlawful 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, assuming the accused has no prior convictions and the alleged victim did not suffer great bodily injury.
Jail. When the police investigate an accusation of domestic violence, the police will arrest and take to jail the person who they believe was the primary aggressor. Bail will be set according to the booking charges and the San Diego County Bail Schedule.
The procedures to get a person out of custody depend on the circumstances of the alleged crime, ties to the community, employment, ownership of property, age, health, prior criminal record, military experience and character references. To learn more click here: get out of jail.
Contact the Prosecutor. Depending upon the circumstances, such as assistance from the victim and witnesses Mr. Pflaum gathers vital information about the case.
He then delivers the information to the prosecutor’s office to not to file any criminal charges.
DOMESTIC VIOLENCE LAWYER IN SAN MARCOS STRATEGIES
There are many effective ways in which Mr. Pflaum successfully defends an accusation of domestic violence.
He meets with his client to learn the details of the detention and arrest, and the client’s general background. He then analyzes the criminal file presented by the prosecution including forensic evidence, the identity and background of the alleged victim, the police investigation and reports, witness statements, 911 calls, video recordings from police body cameras, and medical records if any, in order to apply the best defense strategy.
Jury Trial. Many cases, depending upon the client’s preference and the state of the evidence, may proceed to jury trial where Mr. Pflaum has substantial experience and success.
The best trial defense depends upon statements and admissions, if any, made by the client during the investigation, the credibility of the alleged victim, photographs of alleged injuries, medical records if any, evidence recovered at the scene, witness testimony, and the police investigation.
The most compelling defenses that may be successfully invoked include the following.
- Provocation
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration by a third party
- Insufficiency of the evidence to prove the charge
- Motive of a witness to fabricate
- Bias of the witness to tell a story
- Improper police investigation
- Violation of constitutional rights
- Coerced confession
- Motive of the alleged victim to lie
Plea Bargain. A plea bargain is an agreement between the defense lawyer, his client, the prosecutor and the judge to eliminate or reduce the charges, avoid or minimize the amount of time in jail, and reduce the fines.,
Good plea bargains come about because attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, the medical records, 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.
By the same process Mr. Pflaum 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, and missing or inconclusive evidence.
THE CRIMINAL LAWYER FOR DOMESTIC VIOLENCE IN SAN MARCOS
MAKES A DIFFERENCE FOR PEOPLE
760-806-4333
Google, Avvo, Yelp, Testimonials
MORE ABOUT DOMESTIC VIOLENCE
The term domestic violence applies to a wide range of supposedly criminal actions between husband and wife, girlfriend and boyfriend, gay and lesbian partners, or people who live together in a romantic relationship.
These types of cases often start with a call to 911 from either a person involved in a dispute or from a neighbor or witness, and always end up in an arrest of the person considered to be the primary aggressor.
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 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.
THE MOST COMMON 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.