How to have assault charges dropped

Assault charges are frequently laid by police. In fact, they are arguably some of the most frequently charges offences. Assault charges are often the result of a “he said/she said” situation, where there are two competing versions of events.

There are steps that can be taken by a criminal defence lawyer to have your assault charges dropped.

First, receiving and reviewing the prosecution’s case against you is paramount in determining if there is any merit to the allegations, which often there is not. Oftentimes people think that a complainant’s allegation alone, that is, without any other “evidence” means that there will be an automatic withdrawal or dropping of the charges. Unfortunately, that is not necessarily the case. That said, with a criminal defence lawyer’s skilled review of the file, and negotiations with the prosecution, it very well can lead to the assault charge being dropped.

Second, obtaining the client’s version of events, and comparing it to the allegation the complainant is making, and obtaining any corroborating evidence from the client will assist in being able to mount a viable defence to the assault charge.

Third, determining if negotiations with the prosecution would work to have them drop the charge. Strategically, it may not be the best approach in all cases to approach the prosecution with the client’s version of events. In some cases, it is the best approach. This assessment can be made by an experienced criminal defence lawyer. If the lawyer provides advice to the client to proceed to trial, then the defence can be put forward at trial. The trial Judge would then make a determination if the prosecution has proven the assault charge “beyond a reasonable doubt”. If they have not, then the charge against the client will be dropped (dismissed). That is, the client will be found “not guilty”.

There are several strategies and approaches to criminal assault charges that a skilled criminal defence lawyer can use to lead to the best possible outcome of the assault charge being dropped.

It is important to have the best possible legal representation when dealing with assault charges. A large component of my criminal law practice is defending clients who have been charged with assault. The majority of the assault cases I have dealt with have resulted in the charges being dropped. Contact me today for a free initial consultation for your assault charge.

How to have assault charges dropped
Getting assault charges dismissed isn’t exactly easy, but it can be done under the right conditions.

The courts must consider not only the fact that an assault occurred, but

  • how it occurred,
  • the reliability of the individual alleging assault, and
  • what the circumstances behind the assault were.

Getting assault charges dismissed can be complicated so contact an skilled assault attorney today.

In cases of domestic violence, it is even more complicated. When there is one individual who is very clearly beaten to a pulp then it may not be so difficult to parse out what happened, but more often than not there are no clear physical markers of the assault or both parties appear to have sustained minor injuries.

In that case, the police will always (always!) remove the man from the situation. Even when it is clear that the man has been bruised or bloodied by the woman. Why? The police don’t make a determination as to the guilt or innocence of either party. Their job is to protect those who might be vulnerable. In most cases, the woman is more vulnerable than the man.

So what can you do? Well, with the help of an attorney, getting the charges dropped may be easier than you think. Police will charge individuals with crimes for any number of reasons. In some cases, if they don’t like someone’s candor, they may slap them with several charges including assault, battery, and making threats. A charge is not the same as a conviction.

If you’ve been charged with assault or domestic violence for any reason, the attorneys at the office of Miller Leonard, P.C. can help. Contact us to set up an appointment today.

How to Get Assault Charges Dropped

The prosecution has wide discretion when it comes to charges of domestic violence. In cases where there was a fight outside a bar or one individual attacks another individual, it may be very difficult for the prosecution to press charges without a willing complainant or witnesses.

That is not necessarily the case with domestic violence. Prosecutors can and will prosecute cases where the alleged victim of the assault refuses to testify against her boyfriend, lover, or husband. It’s more difficult, but it’s still possible.

The following information can be helpful to those charged with assault:

Evaluate What Evidence They Have

In many cases, the police and the prosecution don’t have much evidence at all. They think they can leverage a cheap conviction by offering a plea. You should consult with an attorney before accepting a plea agreement.

Plea agreements are the same as convictions. You will have the assault on your criminal record for the rest of your life. It will show up in background checks unless it is somehow sealed. Your first order of business will be to determine what sort of evidence they have against you.

Evaluate Their Interpretation of That Evidence

Chances are, if you are a man who is living with a woman, you will be charged with assault even if you retaliate or defend yourself against the woman’s attacks. That doesn’t mean you are guilty. You can claim self-defense as a defense against an assault charge. This is especially true when the woman is brandishing a weapon.

The problem with many assault cases in which a woman attacks a man is that the man responds with a completely unnecessary level of force. In that case, it can be difficult to prove self-defense. If the threat was neutralized and you continued to assault someone, that will still be considered assault.

Evaluate The Credibility of The Complainant

The complainant (the individual claiming that they have been assaulted) is the core of the prosecution’s case against you. If they are not credible or they have a history of filing false charges in similar situations, then your attorney can attack the credibility of the witness.

Getting Assault Charges Dropped: How Charges Work

Police charge suspects with crimes. It is up to the prosecutor to evaluate the case and determine whether or not they will pursue a jury trial. In most cases, they will offer a plea, but if you and your attorney maintain your innocence, they may not believe that taking the case to trial will be worth the cost or effort. In some cases, they will allow you to plea the charges down to disorderly conduct.

How to have assault charges droppedIf you are charged with assault and this is your first or second offence, you may be eligible for a diversion program that will result in the charges against you being withdrawn. These programs will require that you to accept responsibility for your actions and that you complete a program designed for you by a probation officer. The programs that you will be required to complete typically last a few months and may involve things like mandatory counselling or community service. Once the Crown receives proof that you have completed the program, the charges against you will be withdrawn.

Alternatively, you could have your lawyer negotiate with the Crown and seek to resolve the matter with a peace bond. A peace bond will require that you comply with a set of conditions for the period of a year, but once you have signed a peace bond, the charges against you will be withdrawn. The conditions that will typically be accompany a peace bond include staying away from the residence or place of work of the victim, reporting to probation and attending court as required, and keeping the peace and being of good behaviour for a year.

If you have been charged with assault with a weapon, the likelihood that you will be admitted to AMP or that you will receive a peace bond will be reduced due to the increased seriousness of the offence. If you hope to have your charges withdrawn, it is in your best interest to pursue anger management counselling or perhaps volunteer in the community immediately following the offence. Taking the initiative to engage in these types of activities is instrumental when trying to obtain a favourable resolution from the Crown. Enrolling in counselling and volunteering, or doing other activities like writing apology letters can show that you are motivated to rehabilitate yourself, and will lend support to the position that you may be a good candidate for AMP or for a peace bond.

Unfortunately, if you have been charged with aggravated assault, due to the extremely serious nature of this offence you will not be eligible for a diversion program.

Avoid a Criminal Record with a Discharge:

If you are not a suitable candidate for a diversion program, your defence lawyer can also try to persuade the prosecutor to join them in an application for a discharge. A discharge is a sentencing option that will allow you to avoid a criminal after you have plead guilty to the offence. If a discharge is successfully obtained, you will not be criminally convicted of the offence notwithstanding the fact that you have pled guilty. Rather, if you receive an absolute discharge, you will be immediately and permanently discharged from the offence. If you receive a conditional discharge, you will be required to comply with conditions stipulated by the court for a specified period of time. If you successfully comply with the conditions, you will be permanently discharged of the offence.

Other Sentencing Options:

If you are facing a conviction for aggravated assault, due to the extremely serious nature of the offence you will not be eligible for any resolutions that will allow you to avoid a criminal record, like peace bonds, diversion, or a discharge. It could also be the case that you are not eligible for diversion, or are an unlikely candidate for a discharge due to a pre-existing criminal record or the presence of aggravating factors in your case. In such a circumstance, it may still be worthwhile canvassing possible pre-trial resolutions with the Crown, particularly when the evidence against you is very strong. By reaching a pre-trial agreement with the Crown and by entering an early guilty plea, you might be able to secure a more favourable sentence than if you run a full trial and are found guilty of the offence. If you are likely facing jail time in the event of conviction, it may be particularly beneficial to have your lawyer negotiate a proposed sentence with the Crown prior to trial as this may help you avoid time spent in jail.

For example, some potential sentences that may be more desirable than a period of incarceration include a fine and probation, allowing you to serve your time in prison intermittently (i.e. on the weekend), or allowing you to avoid prison with a suspended sentence. A suspended sentence is very much like a conditional discharge in the sense that you will be required to obey conditions set by the court for a period of time, but unlike a conditional discharge you will be convicted of the offence.

No matter what type of assault charges you are currently facing, you should contact one of our criminal defence lawyers immediately. We have ample experience dealing with a range of assault charges and have been able to secure our clients favourable resolutions in some extremely serious cases. After reviewing the evidence with you in detail, we will speak to the Crown Prosecutor on your behalf and canvass all potential resolution options. This way, we will be able to ensure that you are aware of all your options and able to make an informed decision with respect to how you can best proceed with your charges.

Consider this common domestic violence scenario: your spouse has assaulted you by threatening to hurt you, and battered you by kicking, choking, or punching you. Either you or someone you know calls the police, who arrive and collect evidence.

This situation scares you. You don’t wish to be abused but also don’t want your spouse to fall on the wrong side of the law. Many abuse victims get themselves in such situations and frequently ask Virginia criminal defense attorneys if they can drop an assault and battery charge against their spouse.

Whether a victim can drop an assault charge is a question that comes up all the time. It is more common in domestic assault and battery cases. But even if you are the one who took out charges against someone, it can be complicated if you want to drop those assault charges.

What is the Penalty for Assault and Battery in VA?

A simple assault charge and an assault and battery charge bear the same penalty and are classified as Class 1 misdemeanor. The penalty will generally be 0-12 months in jail, a fine of up to $2,500, and full restitution to the victim.

How to have assault charges dropped

A first offender will, in most cases, not receive the maximum punishment unless the acts were egregious. An assault and battery charge against law enforcers, healthcare workers, judges, DOC prison officers, and certain teachers can bear more severe consequences.

How Do I Drop My Assault Charges in Virginia?

In Virginia, the police or the victim can initially take out an assault charge. It would technically be up to the judge or the prosecutor to drop the charge. The police or victim, who initially brought in the charge, is then treated as witnesses.

If the case was a simple assault and not a domestic assault, it could be dropped with an “Accord and Satisfaction” contract. This is a signed agreement between both parties. Once the judge accepts it, the case is declared dismissed.

Can I Drop a Domestic Assault Charge?

Domestic assault cases are treated differently than simple assault cases. Here, it is the police, under the Commonwealth of Virginia, that bring a charge against the aggressor, and a charge cannot be dismissed with an “accord and satisfaction” contract.

How to have assault charges dropped

Only the prosecutor or judge can drop a domestic violence charge, but they rarely do. Such cases are often taken seriously because the prosecutor or judge doesn’t want to let a guilty offender go without punishment simply because the victim “changed their mind.”

Notably, there are two different types of domestic violence allegations: civil and criminal domestic violence action. Both have different outcomes, if the victim wishes to drop the charges.

Dropping a Criminal Charge

This is an act of accusing someone of violating the law. It is a charge issued by the state, and only the state can drop it. The Commonwealth is considered to be acting in the best interests of everyone and will consider all options before deciding whether or not to move forward with a domestic violence criminal charge.

Sometimes, however, the prosecutor can dismiss the case, if they cannot prove it. One instance is if the alleged victim outright refuses to cooperate or alleges they cannot remember, and their testimony was the only evidence of the assault.

Dropping a Domestic Civil Case

Such a case aims at someone getting monetary damages related to the abuse. A civil suit against an abuser is much easier to win than a criminal charge.

How to have assault charges dropped

In a civil case, the victim can drop the charges anytime they wish to for a number of reasons, with or without prejudice. However, the district attorney can sometimes force and subpoena the victim to participate in the criminal case. Some victims actually plead the Fifth, but some may not have this protection and, therefore, have to testify.

Since the victim’s interests’ conflict with the prosecutor’s interests, it would be best to consult with a private Fairfax assault and battery charges attorney to advise you on your rights and legal options.

What is My Role as a Victim?

A victim has several roles as a domestic violence case proceeds. You may be invited to appear and testify in court. You may also be required to retrieve evidence or give your opinions to the court.

If the case is a criminal action, the victim cannot ask for anything and is only treated as a witness. The victim does not need to be cooperative but needs to participate.

You can try to get a restraining order to offer you protection against your abuser. If you are afraid that your abuser may retaliate, this is an option you should consider.

Can I Change My Statement?

Since most assault and battery victims cannot drop these charges, many decide to change or take back what they told the police or investigators. This is probably not the best of ideas because, unless you lied, the state could still rely on other pieces of evidence, like police reports and pictures. Additionally, you potentially face criminal charges for providing false information.

Get Legal Advice Before Acting

Dropping an assault and battery charge in Virginia might be difficult. However, there are things you can do to protect yourself and your family. It doesn’t make a good impression when you refuse to cooperate with the prosecutor and look like the alleged offender is coercing you.

How to have assault charges dropped

The outcome of an assault case will depend on the skill of your legal representation. Get a domestic violence attorney in Fairfax who has a relationship with the prosecutor and is experienced in getting such charges dismissed or negative outcomes minimized.

How to have assault charges dropped

July 23, 2020 . 5 min read

If you’re wondering how to beat a simple assault charge, there are certain things you can do and steps you can take.

First things first: remain calm and, no matter what you do, avoid further contact with the accuser. A first time simple assault charge can be overcome, but you need to understand what to do if you’re accused with assault — including curbing your desire to clear things up on your own. Trust us, that almost always only makes the situation worse.

In the meantime, contact a Houston assault attorney and educate yourself on how to beat a simple assault charge. If you’ve been charged with assault, it’s wise to seek legal representation ASAP.

Now, let’s take a few minutes to cover the basics of simple assault.

What is a simple assault?

The first thing you need to know about how to beat a simple assault charge is the actual definition of simple assault. We know — this is pretty basic stuff — but it’s important.

Generally speaking, simple assault means you’ve threatened someone, but you have not physically harmed that person. It can expand to include physical touch, but it would not involve any serious physical injuries.

Of course, if someone recklessly causes bodily injury to another person, then they could be accused of aggravated assault charge (and then they will be looking for aggravated assault lawyers in Houston, instead) or, if the person involved was a family member, accused of domestic abuse.

Simple assaults usually involve threats without a weapon present or the failed attempt to physically harm someone. Convictions will show up on your criminal record.

In order to be considered a simple assault, your accuser will have to prove that:

  1. Intent: You intended to harm them or threaten to harm them
  2. Reasonable apprehension: The victim perceived your intention
  3. Harm: The victim was harmed (but did not sustain serious bodily harm) or afraid of being harmed because of threats

How to beat a simple assault charge: getting simple assault charges dropped

There are a variety of possible defenses you can leverage to have your assault charges dropped. Again, this will depend on your particular situation, as well as the skill and experience of your Houston assault attorney.

Failure to prove one of the 3 elements:

If your accuser is unable to prove that you intended to harm them/threaten them, that they understood your intentions, or that they actually were harmed or afraid of being harmed, then (technically) their case doesn’t have legs to stand on. Unfortunately, it is possible to be convicted even if the prosecutor fails to demonstrate these three tenets of a simple assault charge.

Self-dense

One of the most common defenses against simple assault charges is to claim that you were defending yourself, others, or property. It is legal to defend all three of these things, as long as the violence is not extreme, disproportionate, or initiated by you.

Mistaken identity

Another common defense is that of mistaken identity. In the confusion of a fight or an imminent fight, it’s possible that the plaintiff mixed you up with someone else, especially if you don’t know one another. In other cases, someone else committed the simple assault but, for whatever reason, the person is placing the blame on your shoulders.

Consent

Did the person accusing you of simple assault consent to your actions? If so, it’s possible to argue that, in following through with those actions, you did not actually commit a crime.

Accident

Depending on the particulars of your case, your defense attorney may also put forward the defense that what is being labeled a simple assault was truly just an accident. With this defense, you admit to having injured someone or that your actions may have been perceived as a threat, but that doing so was accidental, not malicious, and/or unintended.

Keep in mind that, unless there are witnesses or footage of the incident, it is possible that any of these defenses will come down to a he-said-she-said situation. Once again, that often means that the outcome of your case frequently boils down to your attorney and how successfully he or she is able to defend you.

What are the simple assault penalties?

A simple assault charge is typically considered a misdemeanor; however, in very extreme cases, it could be charged as a felony. If convicted of a Class A misdemeanor (the highest level of misdemeanors), you could be facing up to $4,000 in fines and up to one year in prison, depending on the situation. You would also be responsible for any payments the victim makes towards property damage or counseling.

If you are given jail time, you may have the opportunity to negotiate your sentence to that of probation. Rather than spending any time in jail, you would be required to follow a strict set of rules under the supervision of a probation officer for a predetermined amount of time. Probation includes both one-time and monthly fees.

Work with a top lawyer who knows how to beat a simple assault charge

If you’re trying to find out how to beat a simple assault charge, chances are you’ve discovered that simple assault charges aren’t anything close to “simple.” It’s important to have a skilled defense lawyer in your corner. A skilled attorney can help you prove innocence or, at the very least, advocate to reduce sentencing to probation over jail time.

You need a criminal law specialist! Mark Thiessen of Thiessen Law Firm is one of the most experienced and top-rated Houston assault attorneys. Mark specializes in Criminal Law and is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Thiessen Law Firm is available to fight for you 24/7 and to help you understand how to beat a simple assault charge.

Give Thiessen Law Firm a call at 713-864-9000 or request a case evaluation today.

More Helpful Articles by Thiessen Law Firm:

Consider this common domestic violence scenario: your spouse has assaulted you by threatening to hurt you, and battered you by kicking, choking, or punching you. Either you or someone you know calls the police, who arrive and collect evidence.

This situation scares you. You don’t wish to be abused but also don’t want your spouse to fall on the wrong side of the law. Many abuse victims get themselves in such situations and frequently ask Virginia criminal defense attorneys if they can drop an assault and battery charge against their spouse.

Whether a victim can drop an assault charge is a question that comes up all the time. It is more common in domestic assault and battery cases. But even if you are the one who took out charges against someone, it can be complicated if you want to drop those assault charges.

What is the Penalty for Assault and Battery in VA?

A simple assault charge and an assault and battery charge bear the same penalty and are classified as Class 1 misdemeanor. The penalty will generally be 0-12 months in jail, a fine of up to $2,500, and full restitution to the victim.

How to have assault charges dropped

A first offender will, in most cases, not receive the maximum punishment unless the acts were egregious. An assault and battery charge against law enforcers, healthcare workers, judges, DOC prison officers, and certain teachers can bear more severe consequences.

How Do I Drop My Assault Charges in Virginia?

In Virginia, the police or the victim can initially take out an assault charge. It would technically be up to the judge or the prosecutor to drop the charge. The police or victim, who initially brought in the charge, is then treated as witnesses.

If the case was a simple assault and not a domestic assault, it could be dropped with an “Accord and Satisfaction” contract. This is a signed agreement between both parties. Once the judge accepts it, the case is declared dismissed.

Can I Drop a Domestic Assault Charge?

Domestic assault cases are treated differently than simple assault cases. Here, it is the police, under the Commonwealth of Virginia, that bring a charge against the aggressor, and a charge cannot be dismissed with an “accord and satisfaction” contract.

How to have assault charges dropped

Only the prosecutor or judge can drop a domestic violence charge, but they rarely do. Such cases are often taken seriously because the prosecutor or judge doesn’t want to let a guilty offender go without punishment simply because the victim “changed their mind.”

Notably, there are two different types of domestic violence allegations: civil and criminal domestic violence action. Both have different outcomes, if the victim wishes to drop the charges.

Dropping a Criminal Charge

This is an act of accusing someone of violating the law. It is a charge issued by the state, and only the state can drop it. The Commonwealth is considered to be acting in the best interests of everyone and will consider all options before deciding whether or not to move forward with a domestic violence criminal charge.

Sometimes, however, the prosecutor can dismiss the case, if they cannot prove it. One instance is if the alleged victim outright refuses to cooperate or alleges they cannot remember, and their testimony was the only evidence of the assault.

Dropping a Domestic Civil Case

Such a case aims at someone getting monetary damages related to the abuse. A civil suit against an abuser is much easier to win than a criminal charge.

How to have assault charges dropped

In a civil case, the victim can drop the charges anytime they wish to for a number of reasons, with or without prejudice. However, the district attorney can sometimes force and subpoena the victim to participate in the criminal case. Some victims actually plead the Fifth, but some may not have this protection and, therefore, have to testify.

Since the victim’s interests’ conflict with the prosecutor’s interests, it would be best to consult with a private Fairfax assault and battery charges attorney to advise you on your rights and legal options.

What is My Role as a Victim?

A victim has several roles as a domestic violence case proceeds. You may be invited to appear and testify in court. You may also be required to retrieve evidence or give your opinions to the court.

If the case is a criminal action, the victim cannot ask for anything and is only treated as a witness. The victim does not need to be cooperative but needs to participate.

You can try to get a restraining order to offer you protection against your abuser. If you are afraid that your abuser may retaliate, this is an option you should consider.

Can I Change My Statement?

Since most assault and battery victims cannot drop these charges, many decide to change or take back what they told the police or investigators. This is probably not the best of ideas because, unless you lied, the state could still rely on other pieces of evidence, like police reports and pictures. Additionally, you potentially face criminal charges for providing false information.

Get Legal Advice Before Acting

Dropping an assault and battery charge in Virginia might be difficult. However, there are things you can do to protect yourself and your family. It doesn’t make a good impression when you refuse to cooperate with the prosecutor and look like the alleged offender is coercing you.

How to have assault charges dropped

The outcome of an assault case will depend on the skill of your legal representation. Get a domestic violence attorney in Fairfax who has a relationship with the prosecutor and is experienced in getting such charges dismissed or negative outcomes minimized.

For A Free Consultation Call (215) 546-4700 or Schedule a Virtual Zoom Meeting

For A Free Consultation Call (215) 546-4700 or Schedule a Virtual Zoom Meeting

How to have assault charges dropped If you’ve been charged with a crime, all you want is for the whole thing to go away, and the truth is that there’s a real possibility that can happen. Not only is there a good chance of being found guilty at trial, but in many instances criminal charges are dropped or dismissed long before a case gets to that point. Though your primary focus is on getting back to normal and moving on without a criminal record, it is always helpful to understand the different things that can happen in a case. The more you know, the more you will be able to assist your criminal defense attorney and the more control you will feel that you have in the process. At Erik B. Jensen Attorneys at Law, we believe that an informed client can play an important role in their own defense. For more information on how we can help, contact us today.

There are a number of different reasons why criminal charges may be dropped or dismissed, but first you need to know the difference between the two, and when each happens. Criminal charges are filed by a prosecutor because they believe that they can prove their case, but the judge or jury may not agree with them. They need to gather and present evidence that is strong enough to convince others that they are correct. If at any point along the way – even before the criminal charges have officially been filed – the prosecutor determines that there is not enough basis for the charge to hold up or that they were not correct, they can drop the charges. Only the prosecutor or the arresting officer is able to drop charges. By contrast, having charges against a person dismissed is something that can be done by either the prosecutor or a judge, but it can only be done after the case has already been filed. A dismissal is usually based upon insufficient evidence for the case to continue.

There are a number of reasons for charges to be dropped in a criminal case. Though some people believe that charges can be dropped at the request of the victim, that is not the case. Only the prosecutor’s office can make that decision. That being said, when the victim no longer is willing to cooperate it becomes much more difficult for a prosecutor to prove their case, and they may opt for dropping the charges. Other reasons for dropping charges may include insufficient evidence, new evidence or testimony that contradicts the original arrest information, evidence being deemed inadmissible, and evidence that the defendant’s constitutional rights have been violated.

If any of these reasons are present there is a very good chance that criminal charges against a defendant will be dropped, and it is the job of a defense attorney to look for these reasons and present them to both the prosecutor and the court. If you have been charged with committing a crime, you need an aggressive criminal defense attorney who knows how to leverage the information available to prove that the charges should be dropped. Call Erik B. Jensen Attorneys at Law to discuss your case and see how we can help.

How to have assault charges droppedAssault with a deadly weapon is one of the most serious crimes in California. Under California Penal Code Section 245(a)(1), if you are convicted of felony assault with a deadly weapon you face up to four years in jail, $10,000 in fines, and a strike on your criminal record under California’s Three Strikes law.

To be convicted of assault with a deadly weapon, the prosecution must prove:

  • You committed an assault on another person;
  • The assault was done willfully or with the intent to cause the person harm;
  • You committed the assault while in the possession of either a deadly weapon or firearm; and
  • The assault was done with force likely to produce serious bodily injury or death

The punishment for assault with a deadly weapon is serious, so it is critical that you hire an experienced assault lawyer if you are facing assault with a deadly weapon charges. At Wallin & Klarich, we have over 40 years of experience successfully defending clients against assault with a deadly weapon charges. Here are just a few of the valid legal arguments we have used to help our clients win assault with a deadly weapon cases.

You Acted in Self-Defense

Self-defense is one of the most common defenses to assault with a deadly weapon charges. In assault cases, the defendant often states that he or she only committed the act to protect him or herself from an attacker. However, only a skilled criminal defense attorney will understand how to use self-defense as a valid legal defense.

In order for self-defense to be an effective defense strategy in your case, your attorney must show that the force you used against the alleged victim was reasonable under the specific circumstances you faced. A major part of this is to show that you were in immediate danger of suffering bodily injury or death.

The Alibi Defense

Your attorney may use different strategies to prove that you were falsely accused of assault with a deadly weapon based on the circumstances of your case. For instance, your criminal defense lawyer may be able to show you were not at the scene of the crime when the alleged assault took place.

Factual Impossibility

Another valid legal defense to assault with a deadly weapon charges is that it is factually impossible that your act meets all of the elements of the crime. Your attorney may be able to use factual impossibility as a valid defense if:

  • You did not possess an object capable of being used as a deadly weapon
  • You did not have the ability to inflict any type of injury, or
  • You acted involuntarily or by accident

Attacking the Credibility of the Alleged Victim and Other Prosecution Witnesses

One of the most important elements of defense strategy in a PC 245 case is to attack the credibility of the witnesses for the prosecution. This can be done by calling into question their ability to accurately recall the events that led to the criminal charges being filed. Your lawyer can attack the credibility of witnesses by challenging their memory of the events. In doing so, your lawyer can explore how well the witnesses recall the surrounding events. In addition, your attorney can challenge a witness’ level of sobriety and whether or not he or she may have used any legal or illegal drugs on the day of the alleged event.

An experienced assault with a deadly weapon attorney will also explore whether any witnesses were in a position where they could accurately witness what they claim they saw. This could include questioning the eyesight of the witness and whether the area was well-lit or relatively dark when the occurrence happened.

Contact the Assault Attorneys at Wallin & Klarich Today

If you or a loved one has been charged with assault with a deadly weapon, you should speak to a skilled criminal defense attorney right away. At Wallin & Klarich, our criminal lawyers have over 40 years of experience successfully defending our clients facing assault with a deadly weapon charges. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, you can find an experienced Wallin & Klarich assault attorney available to help you no matter where you are located.

Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.