The right lawyer for domestic violence charges in Encinitas has the expertise that makes the difference for his client. Just because someone was arrested for domestic violence does not mean they are guilty. Attorney Pflaum aggressively defends his client to deliver the right results.
Domestic violence charges range from felonies to misdemeanors and include the following.
- Assault (Penal Code section 240)
- Battery (Penal Code section 242)
- Offensive touching (Penal Code section 243e)
- Assault with force/bodily injury (Penal Code section 245)
- Corporal injury on a spouse (Penal Code section 273.5)
- Criminal threats (Penal Code section 422)
- Damaging a telephone (Penal Code section 591)
- Vandalism (Penal Code section 594)
These are strategic defenses.
- Self defense
- Defense of another
- The alleged victim has a motive to fabricate
- Lack of corroboration
- Insufficiency of the evidence
- No proof of injury
- Biased police investigation
- Violation of rights
Depending upon the circumstances, such as cooperation from the alleged victim and interviews with witnesses, attorney Pflaum may deliver information to the prosecutor’s office as soon as possible with the goal of persuading the prosecution not to file charges. Click no charges filed.
The effective defense begins with a consultation to learn the details of the investigation. The police reports, witness statements, 911 calls, body worn camera video, photographs, and medical records (if any) must be thoroughly examined.
Successful resolution of the case depends on presenting critical information to the judge and prosecutor about the strengths of the defense.
A request to the prosecutor to dismiss the charges based on new evidence may be effective. Diversion is a strategic court process in which a client agrees to follow certain instructions from the judge like counseling or community service that upon completion results in a dismissal of the case. The plea bargain is an agreement between the defense, the prosecution and the judge to dismiss or lower the charges, reduce the fines and penalties, and avoid time in custody.
THE RIGHT LAWYER
FOR DOMESTIC VIOLENCE CHARGES IN ENCINITAS
Call 760-806-4333
MORE 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 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.
DEFINITIONS OF 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.
Criminal Threats, Penal Code section 422
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety.
