Following Greenwich Third-Degree Assault Cases
After a third-degree assault case, the accused or convicted may have options to appeal the outcome of their case. In the event the accuser asks for charges to be dropped following Greenwich third-degree assault cases, the prosecution has the option of complying with the request. Once the police report is made and an arrest happens, the matter is out of the alleged victim’s hands and they no longer can control what happens. It can be critical to speak to an established assault attorney regarding your options.
Sentencing Process for a Third-Degree Assault Conviction
The general process for sentencing in a third-degree assault conviction in Greenwich generally is that a guilty verdict or a guilty plea and sentencing typically will be held on the same day. The maximum sentence on a third-degree assault conviction is up to a year in jail, probation for a period of up to two years, and a fine of up to $2,000.
Having a permanent record following Greenwich third-degree assault cases is a possibility in most cases. While those are the maximum, the person does not necessarily have to get any of it; they could just have a conviction on their record and that itself is the punishment.
What is the No-Drop Policy?
The no-drop policy in correlation to a domestic violence assault case means that in some courts, the case will not be dropped under any circumstances. No-drop applies even if the complainant wants it dropped or the prosecution is able to prove its case.
Third-Degree Assault Appeal Eligibility
Sometimes, following Greenwich third-degree assault cases, the accused’s conviction is eligible for appeal. If they pleaded guilty, however, they can appeal the sentence only if they have legal grounds for doing so. Typically, when a person enters into a guilty plea or after a plea negotiation, it is not eligible for appeal in the same way as it would be after a trial.
Expectations Following an Appeal Case
Typically, an appeal of a third-degree assault conviction can be made only once in Greenwich, once to each of the higher courts. If an appeal of a Greenwich court conviction is won, the likely scenario is that the case would be remanded back to the trial court and the person would have to go through the trial again. That court would be mindful not to repeat whatever mistakes were made in the first case that was grounds for the appeal.
What is a Motion to Suppress Evidence?
A motion to suppress evidence is a motion filed by the defense attorney to try to get rid of some piece of evidence. Sometimes, it is a statement made by a party to the case. If the defendant’s statement by the police in violation of their Miranda rights, there is a chance that could be suppressed.
If there was an illegal search that did not follow the constitutional mandate, they can file a motion to suppress anything found during the search. If the motion is made at the time of trial, there also might be a motion to suppress evidence presented at trial, perhaps a past incident between the two people that was never reported or an arrest made.