When a person feels threatened by another individual, he or she may choose to file assault charges. This is true even when no actual violence occurs. In the event the threat is carried out, the person who is accused of the crime may find he or she is charged with assault and battery.
However, the person does not actually have to be physically harmed to accuse someone of assault. The person charged must simply be found guilty of intending to harm another. Any person who is accused of this crime should visit www.brianzeiger.com to learn more about crafting a defense against this charge.
Understand the Charges
First and foremost, the accused must know what charges are being brought against him or her. What is the victim saying happened, and how does the defendant’s recollection of the incident differ from the victim’s account? The alleged victim may have an ulterior motive when filing these charges, and this needs to be known before moving forward with a defense. Furthermore, why has the defendant been charged with aggravated assault as opposed to simple assault?
Consult with an Attorney
Any person charged with aggravated assault should consult with an attorney. In the event the defendant cannot afford to hire legal representation, the court will appoint a public defender. The defendant should not speak to authorities unless the attorney is present.
Gather Paperwork Related to the Case
Every person accused of a crime has the legal right to see any and all evidence against them. The attorney can be of great help in obtaining this evidence, which should include any documents and witness statements pertaining to the case. The evidence can then be examined to find holes in the prosecution’s case that will be of help in defending the accused.
Determine the Proper Defense
Numerous defenses may be used when a person is accused of aggravated assault. The most important thing to remember is this time is the plaintiff and his or her legal representative must prove the defendant’s guilt beyond a reasonable doubt. The defendant does not have to prove he or she is innocent. The burden falls solely on the prosecution.
Stay Out of Trouble
If the defendant is released on bail, he or she needs to stay out of trouble until all court appearances have been completed and a verdict rendered. Another arrest at this time could be very detrimental to the case. If the alleged victim has an ulterior motive for making the assault claim, he or she may find a way to get the defendant in trouble again to weaken his or her defense. Don’t let this happen.
The defendant must appear at every court appearance and be on time. Wear neat clothing and appear calm throughout the proceedings. Take care of your tone of voice during these appearances. A soft-spoken person appears less threatening in court than someone who is loud and belligerent. Never interrupt when someone is speaking, and always answer any questions with short and precise answers. Furthermore, don’t volunteer information during a court proceeding.
When the verdict is handed down, the defendant should not react. Even when the court determines the defendant is guilty, he or she should not panic. Remember there is always the option of appealing when this is the case.
Follow these seven simple steps when charged with aggravated assault. Doing so helps to minimize the chances of a guilty conviction. The goal is to obtain the best possible outcome possible and you’ll find you are more likely to obtain this by using this plan.