What Possible Defenses Are Used In Assault Cases?
Self-defense is a common defense in these cases. It depends on who started the fight, the level of force used (bringing a gun to a fistfight is still a crime even if the person with fists started it), and any attempt to disengage from the fight once attacked, if doing so was possible. Other common defenses may include identity (the witness thinks they saw you but actually saw someone else), an alibi, or proof that the witness has a motive to lie.
If The Alleged Victim Retracts A Statement Or No Longer Wants Charges Pressed Against The Defendant; Does That Mean The Case Is Automatically Dropped?
No. Typically the case will be scheduled for trial even if the alleged victim retracts their statement or doesn’t cooperate. They may change their mind any time up to the time of trial. If, on the trial date, they do not show up, and their failure to appear is not the result of threats or bribery or similar from the defendant, then the case will usually be dismissed. But even this depends. In some cases, the commonwealth will ask the judge for permission to use a transcript of testimony the witness gave at a restraining order hearing or a dangerousness hearing, and they will be able to go forward with trial if they are able to do that. A retraction, on the other hand, can always be used to weaken testimony, live or recorded, because it shows they had to be lying at some point.
Won’t Hiring An Attorney Just Make Me Look Guilty?
No. You have a constitutional right to have an attorney and the vast majority of criminal defendants have one.
Can’t I Just Handle It On My Own And Tell The Truth?
Generally no. You have a right to remain silent, and should use that right unless you have talked to an attorney and been advised to talk. Anything you say can be used against you. Gave the police an interview at the beginning of the case and testify to something slightly different two years later at trial because you forgot some details? Guess what: they’re going to use it to make you look like a liar. Sometimes, where there is solid proof you didn’t commit the crime, such as evidence of an airtight alibi, it is worth sitting down with the police and trying to resolve it by giving a statement. And at trial it may be a good idea to testify. But usually, the less you say, the better, and sometimes using your right to remain silent can keep them from getting the key evidence they need before they can take the case to trial at all.
Why Do I Need Your Firm To Represent Me In My Case?
A lot of my clients wound up as my clients because they thought they could talk their way out of a problem. But with the police, you can’t; you can only talk yourself into a bigger problem. You need an experienced criminal defense attorney to advise you on your rights and on the appropriate strategy for your case. The law is complicated, the elements of the crime and any defenses are complicated, and legal procedures are complicated. Knowing what to do, what not to do, and when can usually get you a better result than blindly guessing your way through the system.
For more information on Possible Defenses Used In Assault Cases In MA, an initial case evaluation is your next best step. Get the information and legal answers you are seeking by calling (617) 718-5550 today.
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