Facing an Aggravated Assault Charge? You are Not Alone.
Being accused of assault can be a terrifying and overwhelming experience. The consequences of a conviction can be severe, including a criminal record, fines, probation, and even imprisonment.
If you or someone you love is facing assault charges, hiring a skilled and experienced defense attorney who can help protect your rights and build a strong defense is essential.
According to a recent study by the Bureau of Justice Statistics, approximately 70% of criminal defendants charged with violent felonies in the United States cannot afford an attorney, which means that they are often forced to navigate the complex legal system on their own.
Rest assured that the Shah Law Firm is here and can help defend you and your rights.
This article will cover the following topics:
- What to Look For When Searching for a Defense Attorney
- Why Hire a Defense Attorney for Assault Charges: Benefits and Examples
- Life-long Consequences of an Assault Conviction on Your Record
- Possibilities of Set-Aside or Seal Record After an Assault Conviction
When Accused of Assualt, Hiring a Defense Attorney is Essential
What to Look For When Searching for a Defense Attorney
When you are facing assault charges, it is crucial to find a criminal defense attorney who has the skills, experience, and knowledge needed to build a strong defense.
Here are some things to look for when searching for a defense attorney:
- Experience: Look for an attorney with experience defending clients against assault charges. An experienced attorney will have a thorough understanding of the law and will be able to anticipate the prosecution’s arguments.
- Knowledge: Look for an attorney with a deep knowledge of criminal law and procedure. The law is complex and ever-changing, so it is crucial to hire an attorney who is up-to-date on the latest legal developments.
- Reputation: Look for an attorney who has a strong reputation in the legal community. A respected attorney will have a track record of success and will be well-regarded by judges, prosecutors, and other attorneys.
- Communication: Look for an attorney who is a good communicator. Your attorney should be able to explain complex legal concepts in a way that you can understand and should be responsive to your questions and concerns.
- Availability: Look for an attorney available to you when you need them. You should be able to reach your attorney when you have questions or concerns, and they should be able to keep you informed about the status of your case.
What are the Expectations for a Defense Attorney?
The expectations for an experienced criminal defense lawyer are high, and for a good reason.
When someone is facing assault charges, they are putting their freedom, their reputation, and their future on the line. Therefore, it is essential to have a defense attorney who is skilled, experienced, and dedicated to their client’s best interests.
The expectations for a defense attorney include protecting their client’s rights, building a strong defense, negotiating with prosecutors, representing their client in court, and providing emotional support throughout the legal process.
A defense attorney should also have a deep knowledge of criminal law and procedure, be able to communicate effectively with their client and be available to answer questions and address concerns.
Ultimately, the goal of a defense attorney is to secure the best possible outcome for their client, whether that means negotiating a plea bargain or fighting for an acquittal at trial.
Why Hire a Defense Attorney for Assault Charges: Benefits and Examples
- Protect Your Rights: A defense attorney will protect your rights throughout the legal process.
- Example: If the police obtained evidence without a warrant, a defense attorney can file a motion to suppress the evidence, arguing that it was obtained illegally.
- Build a Strong Defense: A defense attorney will investigate the facts of your case, interview witnesses, and gather evidence to build a strong defense.
- Example: If you were accused of assault after an altercation at a bar, a defense attorney may interview witnesses who can testify that you were acting in self-defense.
- Negotiate a Plea Bargain: In some cases, it may be best to negotiate a plea bargain with the prosecution. A defense attorney can negotiate for a more favorable outcome on your behalf.
- Example: If you were accused of assault and battery, a defense attorney may be able to negotiate a plea deal for a lesser charge, such as disorderly conduct, which carries less severe penalties.
- Represent You in Court: If your case goes to trial, a defense attorney will represent you. They will argue on your behalf, cross-examine witnesses, and present evidence to the jury.
- Example: If you were accused of assault, a defense attorney may argue that your actions did not cause the alleged victim’s injuries or that there is insufficient evidence to support the prosecution’s case.
- Provide Emotional Support: Being accused of a crime can be a traumatic experience. A defense attorney can provide emotional support and guidance throughout the legal process.
- Example: A defense attorney can help explain the legal process, answer your questions and concerns, and help you cope with the stress and anxiety of facing criminal charges.
Overall, there are many benefits to hiring a criminal defense attorney. They can make a significant difference in the outcome of your assault case.
If you or someone you know has been charged with a crime, it is essential to contact a lawyer as soon as possible. They can provide legal expertise, guidance, and emotional support to help you navigate the legal system and protect your rights.
Defending Assault Charges: How a Skilled Defense Attorney Can Help
Assault cases can range from simple bar fights to more complex scenarios, each presenting unique challenges for the defense.
However, with a thorough understanding of the law and effective communication with the client, a defense attorney can help their client navigate the legal system and achieve the best possible outcome for their case.
According to the Bureau of Justice Statistics, there were approximately 778,000 cases of aggravated assault in the United States in 2019.
This staggering statistic highlights the prevalence of people charged with assault crimes and the importance of having a skilled defense attorney on your side.
When defending a client facing an assault charge, it is essential to understand the different types of assault and the defenses that can be used in each scenario.
One common scenario for assault charges is a bar fight. In this situation, the defense may argue that the client acted in self-defense. Self-defense is a legal justification for using force to defend oneself from an immediate threat of violence.
To successfully use self-defense as a defense, the defense attorney must prove that the client reasonably believed they were in danger and used force proportional to the threat.
For example, if the client was punched in the face and responded by punching the aggressor back, the defense attorney may argue that this was a reasonable response to the immediate threat.
Another common scenario for assault charges is a domestic dispute. In domestic assault cases, the defense may argue that the alleged victim is lying or exaggerating the facts.
In some cases, the alleged victim may have a motive to lie, such as to gain custody of children or to seek revenge against the accused. In these situations, the defense attorney may use evidence such as text messages or witness statements to show that the alleged victim’s story is inconsistent or unreliable.
In cases where the alleged victim is telling the truth, the defense may still be able to negotiate a plea bargain for a lesser charge or a reduced sentence.
This can be especially important in cases where the evidence against the defendant is intense, and a conviction is likely. A plea bargain can help the defendant avoid the most severe consequences of a conviction, such as lengthy prison sentences or significant fines.
It is also vital for the defense attorney to understand the potential consequences of an assault conviction.
In addition to criminal penalties such as prison time and fines, a conviction for assault can have long-term consequences, such as difficulty finding employment or housing.
A skilled defense attorney will work to minimize these consequences by negotiating plea bargains or exploring alternative sentencing options such as community service or rehabilitation programs.
Life-long Consequences of an Assault Conviction on Your Record
A criminal conviction can have long-lasting consequences that affect your life in many ways.
Here are some of the ways that an assault conviction can impact your life:
- Difficulty Finding Employment: Many employers conduct background checks on job applicants, and a criminal record can make it challenging to find employment.
- Professional License Revocation: If you hold a professional license, such as a medical or legal license, an assault conviction could lead to the revocation of your license.
- Loss of Gun Rights: In some states, a felony conviction, including assault, can result in losing your gun rights.
- Housing Difficulties: Landlords often conduct background checks on prospective tenants, and a criminal record can make it challenging to find housing.
- Personal Relationships: An assault conviction can damage personal relationships with friends and family, making it difficult to form new relationships.
Possibilities of Set-Aside or Seal Record After an Assault Conviction
If you have been convicted of assault, having your record set aside or sealed may be possible.
Here’s what you need to know:
- Set-Aside: In some states, including Arizona, a person who has been convicted of a crime may be eligible for a set-aside. A set-aside does not erase the conviction from your record but shows that the conviction has been set aside. This can make it easier to find employment and housing.
- Record Sealing: Sealing a criminal record means that the record is no longer available to the public. This can make it easier to find employment and housing, as employers and landlords will not be able to see your criminal record.
It is important to note that the process of set-aside or sealing can be complex and requires the help of an experienced defense attorney.
Your attorney can help you understand and determine if you are eligible for set-aside or sealing and can guide you through the process.
When Accused of Assualt, Hiring a Defense Attorney is Essential
An assault charge carries heavy potential penalties and lasting implications.
If you are facing an assault, it is essential to seek legal representation immediately to ensure that your rights are protected and that you have the best possible defense against the charges.
Call the Shah Law Firm today at 602-560-7408 to begin building your defense with a free consultation.