The right criminal attorney for domestic violence in Oceanside represents his client with the compassion and expertise that makes the difference.
Just because a person was arrested for domestic violence does not mean he or she is guilty. The person has many rights and remedies.
Criminal attorney David Pflaum successfully defends his clients to get the best possible results.
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Accusations related to domestic violence range from felonies to misdemeanors and include the following.
- Assault (Penal Code 240)
- Battery (Penal Code 243e)
- Assault with force (Penal Code 245)
- Inflicting corporal injury (Penal Code 273.5)
- Criminal threats (Penal Code 422)
- Damaging a telephone (Penal Code section 591)
- Vandalism (Penal Code section 594)
Getting the right results in the criminal justice system requires preparation and diligence in the defense of a criminal accusation.
The defense process begins with a consultation to learn about the details of the investigation, detention, and arrest.
The next step is to learn about the client’s standing in the community, background, and profession.
Finally it is essential to scrutinize the arrest reports, photographs of injuries, statements by the alleged victim, and witness declarations.
These are strategic defenses to an accusation of domestic violence.
- Victim motive to fabricate
- Self defense
- Defense of another
- Lack of corroboration
- Insufficiency of the evidence
- Improper police investigation
- Violation of the right to remain silent
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Resolution of the case comes in many forms at different times in the court process.
Before court begins, a written request to the prosecutor based on evidence the police overlooked or did not have access to at the time of the arrest, may result in dismissal of the case or a reduction of the charges.
Diversion is a court process in which a client does not plead guilty but complies with instructions from the judge that, upon successful completion, results in a dismissal of the case.
A written petition that alleges the police violated a client’s constitutional rights may at times result in a dismissal of the case or a reduction of the charges.
The plea bargain is the most common and successful way to resolve a case. The plea bargain happens when defense attorney Pflaum presents critical information orally and in writing, at the right time, to the prosecution and judge.
The jury trial may be the best way to resolve the case which requires aggressive examination of witnesses, creating reasonable doubt about the evidence, and making an outstanding presentation for a verdict of not guilty.
CALL ON THE RIGHT CRIMINAL ATTORNEY
FOR DOMESTIC VIOLENCE IN OCEANSIDE
Call 760-806-4333
MORE INFORMATION ABOUT DOMESTIC VIOLENCE CHARGES
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. 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.