A skilled criminal attorney for domestic violence with 30 years expertise, David Pflaum aggressively asserts the rights of his clients and gets the best possible results for them.
Just because a person was accused or arrested for domestic violence does not mean his or she is guilty. The person has many constitutional rights and remedies.
An aggressive criminal defense lawyer like Mr. Pflaum makes a difference in the prosecution of a case of domestic violence.
The most common accusations related to domestic violence range from felonies to misdemeanors and include the following.
- Simple Assault (Penal Code section 240)
- Simple battery (Penal Code section 242)
- Battery on spouse, lover, ex-spouse (Penal Code section 243e)
- Assault with force or bodily injury (Penal Code section 245)
- Corporal injury on a spouse (Penal Code section 273.5)
- Terrorist or criminal threats (Penal Code section 422)
- Damaging a telephone (Penal Code section 591)
- Vandalism (Penal Code section 594)
When the police get called to investigate an accusation of domestic violence, the police will arrest the person who they believe to be the primary aggressor and take him or her to jail.
Get Out of Jail. When the accused is in jail there are several ways attorney Pflaum helps him or her get released before the first court date or during the first court date at the arraignment. For more information click here: release from jail asap.
Contact the Prosecutor’s Office. Depending upon the circumstances, such as assistance from the alleged victim, interviews with witnesses, and additional facts about the arrest, Attorney Pflaum gets vital information about the case.
The lawyer 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.
HOW THE CRIMINAL ATTORNEY FOR DOMESTIC VIOLENCE SUCCESSFULLY DEFENDS HIS CLIENT
The best defense to an accusation of domestic violence depends upon the circumstances of the investigation, detention and arrest, the client’s statement as to what happened to cause an arrest, the evidence, the witnesses, physical evidence, photographs, 911 calls, medical records, the identity and background of the client, the identity and background of the alleged victim, and police officer investigation and testimony.
Jury Trial. Some cases of domestic violence, depending upon the circumstances, the evidence and the client’s desires, may proceed to jury trial where Mr. Pflaum has extensive experience. Click on the tab in blue to learn more: jury trial.
Typical strategic defenses that attorney Pflaum may invoke in order to successfully defend his client include the following.
- Provocation
- Self defense
- Defense of another
- Defense of property
- Lack of corroboration by an independent person
- Insufficiency of the evidence to prove the charges
- Motive of the alleged victim to lie
- Bias of a witness not to tell the truth
- Improper police investigation
- No medical proof of injury to the victim
- Violation of constitutional rights
Plea bargains. A plea bargain is an agreement between the judge, prosecutor, defense attorney and his client regarding the charges and the punishment. A favorable plea bargain should eliminate or reduce the original charges, avoid further time in prison or jail, and reduce the fines.
Mr. Pflaum develops the strengths of the client’s case by applying his client’s account of the arrest to the alleged evidence in the case, analyzing the arrest reports, witness statements, 911 calls, medical records if any, photographs of the scene and any alleged injuries, and other evidence that the police may rely on to try to prove the case.
By the same process attorney 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.
Attorney Pflaum is a relentless defender and legal advocate for his clients. He has decades of experience making a difference for them.
Contact us for top legal representation
WHAT IS 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 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.
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 – Julian – Bonsall – Downtown San Diego