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David Pflaum
The Right Defender
Makes The Difference

760-806-4333

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Our Clients Opinions

1. Best lawyer in San Diego.
David wasn’t just a lawyer doing his job, he was a mentor along the process. I thank him for all his hard work.
No one else could have won my case like he did. (m.c)
2. David Pflaum diligently, effectively and successfully represented me and my family in a very serious TRO.
Mr. Pflaum was very generous with his time and legal expertise.
In court his legal skills stood out as he outmaneuvered the other lawyer and graciously addressed the judge.
I highly recommend him. (s.b.)
3. I have worked for the superior court for over 30 years and known David for the past 16 years.
He will shield you from failure or harm if the case is not worth risking in trial and instead work tenaciously and effectively to get you the best of deals.
He is kind, compassionate and dedicated. (s.s.).
4. Attorney David Pflaum is in fact the right defender.
I was looking at a lot of time and charges when I was arrested. Mr. Pflaum took care of that for me from the very start.
I knew I had the right lawyer due to his never ending efforts to fight for not just a good deal, but for my freedom as well.
Mr. Pflaum is the best attorney in the business.
His actions speak louder than words. (c.t)

*The descriptions of results do not provide a guarantee about the outcome of a case.  Attorney Pflaum does his very best for each client.

Assault With A Deadly Weapon

The right defense attorney for assault with a deadly weapon with 30 years expertise, David Pflaum aggressively asserts the rights of his clients.

Just because a person was accused or arrested for assault with a deadly weapon does not mean that he or she is guilty.  The person has constitutional rights and remedies.

An experienced criminal lawyer makes a difference in the outcome of an assault prosecution.

assault with a deadly weapon

Definitions.  An accusation of an assault with a deadly weapon involves the use of force upon another person that is done that is capable of causing great bodily injury (GBI) or which did in fact result in great bodily injury.

The most common accusations of assault occur by the use of force with hands, a fist, feet, an automobile, firearm, knife, bat, screwdriver, or even a beer bottle.

An assault with a deadly weapon charge may be a misdemeanor or a felony. A misdemeanor is a less serious charge than a felony.  More often than not an assault with a deadly weapon will be charged as a felony.

The determination of whether an assault with a deadly weapon will be filed by the prosecution as a misdemeanor or a felony depends on the circumstances of the case.  Some of the most common factors that the police and the prosecution will look at are the following.

  •  Was anyone injured
  •  Was there a weapon involved
  • What were the injuries to the alleged victim
  • Were there witnesses to the incident
  • Who was the alleged victim
  • Does the alleged 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

assault with a deadly weapon

Get Out Of Jail.  Every person accused of a assault with a deadly weapon or with force likely to produce great bodily injury is arrested and put in jail with bail set according to the San Diego County Jail schedule.  There are several ways attorney Pflaum helps his client get released from jail

Click on the following words to learn more: get out of jail now.

assault with a deadly weapon

ASSAULT WITH A DEADLY WEAPON DEFENSE STRATEGIES

There are many ways to successfully defend an accusation of assault with a deadly weapon.  The right resolution and the best defense will depend upon the circumstances of the case.

Every case is different.  Every client is unique.

Strategic Defense.  Attorney Pflaum meets extensively with his client in order to learn the details surrounding the investigation, detention and arrest.  It is also helpful to learn about the client’s status including but not limited to employment, ties to the community, professional licenses, education, training, military experience, and mental and physical health.

He also analyzes the criminal file presented by the prosecution including but not limited to 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 patrol units,  photographs, and medical records in order to apply the best defense strategy.

Strategies.  The most common defense strategies attorney Pflaum may invoke in order to successfully defend his client against a charge of assault with a deadly weapon include the following.

  • Self defense
  • Defense of another
  • Defense of property
  • Justification
  • Lack of criminal intent
  • Lack of corroboration by a third party
  • Insufficiency of the evidence to prove the charge
  • Witness motive to fabricate
  • Alleged victim motive to lie
  • Lack of proper identification of the accused
  • Violation of Miranda right to remain silent
  • Incomplete police investigation

Plea Bargaining.  Statistics show that nearly 95% of criminal cases are settled before trial by way of a plea agreement.

 A plea bargain is an agreement between the client, the defense attorney, the prosecutor and the judge to eliminate or reduce the charges, avoid time in prison or jail, and reduce the fines.

A client is under no obligation to accept a plea bargain, but plea bargaining is nearly always the first stage in a criminal prosecution.

Defense Strengths. Good plea bargains come about because criminal attorney Pflaum knows his client well, investigates the case, carefully reviews the police reports, medical records, videos, photographs, tape recordings, 911 calls, forensic evidence, and witness interviews to develop the strengths of a case.

Prosecution Weaknesses. 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, missing or inconclusive evidence, and problems in the forensic evidence.

Effective Presentation. He then makes a persuasive presentation to the judge and prosecutor about the strengths of his client’s case, and weaknesses of the prosecution’s case, to achieve an excellent plea bargain offer for his client.

If the plea bargain offer is accepted by the client and his defense attorney, the client is sentenced immediately or at a later court date.

If the plea bargain is not accepted, the case continues to additional court dates and heads towards a trial.

best felony defense attorney

Jury Trial. Some cases, depending on the client’s preference and the state of the evidence, may proceed to jury trial where Mr. Pflaum has substantial experience.

The best type of trial defense for assault with a deadly weapon depends upon many factors including but not limited to whether the client will testify, the identity and credibility of the alleged victim, the credibility of witnesses, 911 calls, medical records, photographs and  videos, and police officer investigation and testimony.

Assault With A Deadly Weapon

THE DEFENSE ATTORNEY DEDICATED TO JUSTICE

Mr. Pflaum understands the needs of his clients. He has decades of dedication and expertise that makes a difference for them.

For top skill legal representation

(760) 806-4333

Proudly representing clients in Vista – Escondido – Carlsbad – Fallbrook – Oceanside – Encinitas – Solana Beach – San Ysidro – Chula Vista – San Diego –  Carmel Valley – Pacific Beach – Del Mar – San Marcos – El Cajon – La Costa – Leucadia – La Jolla – Mission Beach – Imperial Beach – North Park – Hillcrest – Rancho Santa Fe – Poway – North County – South Bay – Coronado – Miramar – Scripps Ranch – Rancho Bernardo – Ramona – Mission Hills – Bonita – Valley Center – Bonsall – Spring Valley – Lemon Grove – La Mesa

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Recent Court Victories *

1.  Client charged with felony assault, spousal abuse and criminal threats. Bail was set at $200,000. 
Attorney Pflaum convinced the judge to reduce bail to $20,000 and to allow the client to return home. 
The case was hard fought. 
The results: dismissal of all charges but for one count of misdemeanor battery.

2.  Client charged with grand theft.  Mr. Pflaum presented substantial favorable information about the client to the district attorney. 

Charge reduced to a misdemeanor disturbing the peace.

3.  Client filed a request for a temporary restraining order (TRO) due to being humiliated and harassed by the respondent. 

Attorney Pflaum resolved the case.

Our client received attorney fees from the respondent, a written apology and an extension of the TRO.

4.  Client was charged with DUI of prescription drugs. 

The DUI was dismissed. Drivers license not suspended.

5.  Client charged with a hit and run.  We arranged to make payment of damages to the victim. 

Case dismissed.

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Premier San Diego Criminal Defense

San Diego Criminal Justice Lawyer David Pflaum serves his clients to get the best possible results.  And succeeds. Reach out to him for the service and legal representation that makes the difference from consultation to court.

The Right Defender is here.

The Law Office of David Pflaum
380 South Melrose Drive, Suite 305
Vista, CA 92081       (760) 806-4333

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Your Freedom is Our Goal

Proudly serving clients throughout San Diego County including Vista, Escondido, San Marcos, Fallbrook, Bonsall, Oceanside, Poway, Carlsbad, Leucadia, La Costa, Encinitas, Rancho Santa Fe, Solana Beach, Carmel Valley, Del Mar, La Jolla, Pacific Beach, Chula Vista, El Cajon, downtown San Diego, South Bay, East County and North County

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