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What Are The Potential Defense Strategies Employed In Assault Cases?

Self-defense, depending on the kind of charge; for example, gang assaults, some reckless assaults, Self-defense is absolutely a viable defense. Self-defense is a justification, as it were! I’ve had assault cases where intoxication was a defense. I’ve had assault cases where the technical reasons were used as a defense such as it’s not the proper charge, there is no intent, there is no reckless conduct or the alleged injury doesn’t make the threshold of what the law requires. So there is not just one but it is imperative for a client to contact a criminal defense attorney like myself who has the expertise in this area to look through and find defenses and to utilize the defense for a successful outcome.

The Potential Penalties Faced In The Event Of An Assault Conviction

Beginning with the easiest one, the simple assault or the assault in the third degree that Class A misdemeanor, a sentence possibility can range from a conditional discharge, which is an admonishment from the court; “Don’t do this again” to payment of a fine, to probation, to jail time, or a combination of those all the way up through and as the charges become more and more serious all the way up through up to 25 years in jail.

The Long Term Impact Of Having Assault Charges On Someone’s Life

Once you’re involved in the criminal justice system, rightfully, wrongfully or anyway, you run into the social stigma of being accused of this. Even if the client’s case is dismissed, which we’ve been successful in doing, or at the trial getting not guilty, people are still looking at them as if they actually did this. There is the bias or the prejudice, as it were, to people having a hard time getting a job. So, sometimes that becomes an issue. If there is any kind of a fighting, there could be a criminal record that’s involved, criminal records lead to all sorts of issues for employment.

Misdemeanor and felony alike, you can lose your right to vote, you can lose your right to hold certain licenses, everywhere from a job license and up through a driver’s license, through a gun license or any other professional license at all. So there can be astronomical consequences to being in the criminal system, an assault charge again specifically and again the need and the necessity to have an experienced criminal defense attorney in this field. A lot of clients don’t appreciate that and the mistake they can make in hiring the wrong attorney or hiring the cheap attorney.

The Need For A Dedicated And Highly Experienced Criminal Defense Attorney

I spent 4 years as a prosecutor, as an assistant district attorney and prosecuted assault cases and attempted murder cases and violent crime cases, the difference being that I am aware of a lot of the finer details, I’m aware of some of the nuances in the law, some of the defenses available and mistakes that are made by both sides. I use my experience to help a client by looking for some of the mistakes that I know are common that the police make, that the prosecutors make, that the investigators make and somebody who has less experience than I do doesn’t necessarily know what to look for and how to utilize and capitalize upon those particular problems. It can be, many times, used for the successful defense of this particular action.

For more information on Defense Strategies In Assault Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 679-0400 today.