Prosecution of Assault in the Third-Degree in Ridgefield
If you have been charged with domestic violence assault in the third-degree, contact a determined and capable assault attorney. An experienced lawyer may have worked on the prosecution of assault in the third-degree in Ridgefield before and can have insight into how to dismantle the prosecution’s argument. Furthermore, your attorney may have established relationships with the prosecution and the judges, which can help when making your case. Contact a legal advocate today and know that you are in good hands.
What the Prosecution Must Prove
For successful prosecution of assault in the third-degree in Ridgefield, the prosecutor has to prove that that person intended to cause physical injury to the alleged victim and that they actually did cause that injury. The kind of nuanced language in that statute is that the intent has to cause physical injury to the person who was injured.
Positives and Negatives of Putting an Alleged Victim on the Stand
Some potential benefits of a prosecutor putting an alleged victim on the stand are that the Ridgefield domestic violence attorney has a chance to question that victim on the stand to see if the story is contradictory or conflicts with the story that the alleged victim gave to the police, which gives the defense a chance to discredit the alleged victim.
The challenge of a prosecutor putting an alleged victim on the stand is that the victim typically tends to be very credible to a jury. If a victim is on the stand and is talking about how they were abused or injured, typically, the jury is going to sympathize with that person and will not like the defendant based on what the victim is saying. It is also difficult to question the alleged victim because the attorney does not want to come across as insensitive to the jury.
Addressing a First-Time Domestic Violence Accusation
A Ridgefield domestic violence attorney would handle a first-time domestic violence accusation by first reviewing the police report and focusing on what evidence the state has to prove that the defendant was guilty of domestic violence. Once the domestic violence lawyer has an understanding of the prosecution of assault in the third-degree in Ridgefield, they can develop a game plan for the domestic violence case.
Typically in a first-time domestic case, a Ridgefield domestic violence lawyer will make an application for the family violence education program and will discuss that with their client. This is the program that, if a judge allows the person into it, will result in a dismissal of the case.
Presenting the Defendant in a More Positive Light
It is important for a domestic violence lawyer to present the defendant in a positive light to the judge and get the person in that program if at all possible. That is how an attorney would handle a first-time domestic violence accusation. However, sometimes a defendant is not eligible for this program, or it is not the best option for the defendant’s case.
If the attorney does not think that the case is as serious as the state does, they can try to negotiate with the prosecutor to find a way to have the case dismissed without having the client complete the family violence education program. Sometimes, if the allegations are not very serious, the prosecutor will be more inclined to allow a defendant to complete some form of counseling or therapy in exchange for a nolle of the case.
How a Ridgefield Attorney Defends Someone Who Has Been Accused
An experienced assault attorney can defend a person who has been accused of first-time domestic violence assault in the third-degree by initially assessing the case and determining whether or not the person’s actions leading up to the arrest rise to the level of an assault in the third-degree.
Sometimes, they are not as serious as the prosecutor will have made them seem and they can be subbed down to a lesser charge. Again, a domestic violence attorney can try to gather evidence that would dispute an assault in the third degree from even occurring. The other main thing that they can do is try to get the defendant into the family violence education program and ultimately have the case dismissed.
If an individual wants to learn more about the prosecution of assault in the third-degree in Ridgefield and how it may impact their case, they should consult a capable Ridgefield lawyer that can help.