St Paul Assault Defense Lawyer
Assault and battery criminal convictions are often based on a he-said/she-said case. Often the alleged victim will press charges without any evidence. However, this does not mean that the charge will be handled lightly.
Instances of Assault
There are a number of different assault charges, many of which are considered felonies. In addition to first degree, second degree, third degree, fourth degree and fifth degree assault, you may also be facing sexual assault charges, motor vehicle assault charges or domestic battery charges.
Furthermore, there are also several different types of non-physical assault charges including verbal or emotional abuse, intimidation through threats, knowingly transmitting a disease or putting something in someone’s drink. Any assault charge, however, can come with serious consequences which is why it is important to speak to a qualified criminal defense attorney about your legal options.
Common Defense Strategies
Every assault case will be handled on an individual basis and the judge will listen to the evidence and both sides of the story. When arrested for assault, it is imperative that you go into the court with a sound defense strategy. Below are three of the most common strategies used in assault cases:
Self Defense – in an assault case, you may be able to claim self defense. If you were afraid for your own safety and were protecting yourself, then you may be found not-guilty. For example, if you are accused of first degree assault but are found to have only been protecting your family from an intruder, then you may be able to avoid a criminal conviction.
Alibi Defense- the alibi defense is used in many cases and acts as a way to prove that you were somewhere else during the time the crime was committed and thus couldn’t possibly have committed the crime. Alibi’s often need witnesses to prove that you were where you claim to be. For example, if you are being accused of motor vehicle assault but you have three witnesses that are willing to testify that you were at the bar with them during the time of the crime, then an alibi defense will probably work in your favor.
Credibility Defense - another defense strategy often used in assault cases is the credibility defense. This defense looks at evidence pertaining to the credibility of the alleged victim. If the victim has a history of lying or problems in the past with this sort of thing, then this evidence may be used against him/her. This is especially useful when it is a he-said-she-said type of case.
The goal in any assault case is to try to minimize the usual penalty given for the type of assault. While a not-guilty verdict is the best outcome you can hope for, it is still possible to avoid a criminal conviction or serious penalties by using a number of other defense strategies as well.
If you or someone you love is facing a criminal conviction, then now is the time to step up and fight back. Contact St Paul criminal defense lawyer Michael Brandt at 763-421-6366 for a free, no obligation consultation.
