Evidence in Darien Third Degree Assault Cases
The physical injury in an assault claim does not need to be considered serious harm for them to legally accuse someone of assault. However, any kind of evidence in Darien third degree assault cases could be influential in the outcome of one’s case. Therefore, for anyone being accused of assault who has questions regarding how to proceed, seeking legal aid could be beneficial. An established third-degree assault attorney could help you prepare for trial.
Measuring the Severity of Injuries in Assault Cases
The presence of physical injuries on the accused party will definitely influence the case because it shows there was aggression on the part of the accuser. This could speak to the notion that a defendant was defending themselves in the situation, or trying to de-escalate the situation, and that the alleged victim was the true aggressor.
If no physical injuries were sustained or visible, a person can still be charged with third-degree assault. It is helpful to the defense because it makes the state’s attorney a bit more lenient when prosecuting the case, even if there is just a scratch or a very small bruise.
Why it is Critical to Challenge a Prosecutor’s Case
The prosecution typically uses evidence in Darien third degree assault cases include paperwork or photographs from the accuser that shows the injury they sustained. Sometimes the police will review videos or a photograph of the accuser after the incident or even videos of the incident itself if it is in public and there is surveillance or security footage, or if the alleged victim recorded the incident, and testimony.
A benefit of a prosecutor putting an alleged victim on the stand is that they can show the jury and judge first-hand what was alleged in the police report. It also gives the prosecutor and defense attorney the opportunity to clarify anything the accuser claimed in the report that may be unclear.
Why is it Important to Try Establishing Accused’s Credibility?
Some helpful steps the accused can take to help establish credibility in Darien court is to recognize any underlying issue that might have contributed to the cause of arrest. For example, a defendant might choose to visit a therapist or seek treatment for any underlying condition such as anger management or substance abuse issues. A lawyer is often able to leverage up-front treatment for a more lenient sentence or better disposition in a criminal case.
It is important to establish and maintain credibility throughout the entire case process because when someone loses credibility in the court they have a lower likelihood of winning at trial. That is especially true if a jury or judge believes they are lying about something in the case. It is always important to make sure the defendant tells the truth to maintain their credibility.
Defining the Role of Attorney-Client Privilege
Attorney-client privilege exists in all cases, but there is a specific Connecticut rule of practice that allows attorneys and accused to discuss their case and makes those discussions not disclosable to opposing parties. That means a prosecutor cannot ask a defendant what the defendant discussed with their attorney. For the same reason, they cannot ask the defendant what their plan of strategy is for the case.
Attorney-client privilege can have an impact on a case for third-degree assault in Darien in that it gives the accused the ability to be completely honest with the attorney without the fear the court will find out what they told the attorney or confided in their attorney. It also gives the attorney the ability to come up with strong evidence in Darien third degree assault cases to present.