Rockville Assault Defense Strategies
Each and every assault case in Rockville is different and therefore it is important to know the options for defending your case. Whether you or someone you know has been charged with assault, you should always seek advice from a Rockville assault attorney who understands the inter workings of the legal system and can adequately prepare you for the courtroom.
Mitigating Factors in Rockville Assault Cases
The most common defenses are whether or not an individual can actually be proven to have committed the assault. An alibi is always something that is necessary to see whether the individual was even at the scene of the event. Additionally, whether or not there is a motive to fabricate events on the part of the complaining witness to the assault. There might be other motivations for an individual not being truthful to police officers when filing an assault case, such as custody issues, alimony issues or other disputes during the course of a relationship.
Those disputes could now be translated to criminal charges for some purpose other than to actually prosecute somebody for a violent act. Other defenses that we look for are things like mutual affray, which is where both parties were willing participants in the fight. Mutual affray proves that because the touching was consensual, the fight is not an assault. And finally, self-defense is another defense that we look for, which is acting in a violent manner but only for the purpose of protecting oneself from a violent act that was either started or escalated by the other party.
Advantages of Having an Experienced Lawyer
The most important thing in a Rockville assault lawyer is the attorney having experience in the Rockville system before, and knowing the prosecutors and the decision makers; the judges in particular. It is important to find an attorney who actually has handled a number of assault cases in the Rockville area. Assault cases are unique because they are crimes of violence which are less common in the District Court. Typical cases in the District Court involve non-violent and misdemeanor level cases.
Violent criminal acts are treated much more seriously than a misdemeanor assault. The defenses associated with this kind of violent criminal act are unique, as is the case law and as are the methods of the prosecution. There are many felony criminal acts that are non-violent in nature such as theft of large amounts of money, large scale prescription fraud, or burglaries.
First degree assault charges are considered very serious, felony level as well. Having somebody who has handled these kinds of cases before and really understands what it is the prosecution is required to prove and where defenses can be found is extremely important. Defenses can come from the bias of one of the witnesses or the lack of credibility of the individual who filed the complaint. Also, evidence might show it was self-defense as opposed to assault. That individual will be able to assist you in identifying those defenses and presenting your best strategy to the court to keep your record clear of the event.