Expectations in Stamford Third-Degree Assault Cases
Part of the expectations in Stamford third-degree assault cases include understanding your potential impact on the results of your case. An established third-degree assault attorney can help you build a defense that supports your credibility when faced with this violent crime. A defendant’s credibility can help reduce the charges if the prosecutor believes the defendant more than they believe the accuser and therefore that the crime is overcharged. They have the option of reducing the criminal charge.
What is the Role of Third-Degree Assault Evidence?
Evidence plays an important role in defining the expectations in Stamford third-degree assault cases. The motion to suppress evidence is the motion filed with the court saying that the evidence was obtained illegally and should not be allowed in front of a jury. If the motion to suppress is granted and the evidence is kept away from the jury, it could seriously undermine the prosecution’s ability to prove that case.
In Stamford, the prosecutors will listen to a request by an alleged victim for the case to be dropped, but often the prosecution makes it decisions independently. If the prosecution believes for some reason the witness is tampered with or the witness is involved in an abusive relationship and they are just lying to cover for the abuser, the prosecutor might not drop the charges.
What is the No-Drop Policy?
Under a no-drop policy the prosecutors will refuse to drop a domestic violence assault case no matter what the accuser says or wants. A no-drop policy might prevent the case from being dropped altogether even though under other circumstances it would be.
Negotiating with the Prosecution of an Assault Case
Leveraging credibility can be very important when negotiating with the prosecution in Stamford because the more credible a defendant is and the less credible the accuser. The more likely the defendant is able to use that to get a better deal.
It is important to understand that expectations in Stamford third-degree assault cases can also apply to how the accused is treated based on the type of offense they have been accused of. A person is likely to be treated more severely for third-degree assault in Stamford every time they commit it. The prosecutor also are less likely to negotiate with the defense and will want the defendant to go to jail.
Common Aggravating Factors of Third-Degree Assault
The implications of repeat offense are that they have a much greater likelihood of going to jail. If the person is under the influence of drugs or alcohol when they allegedly committed a third-degree assault, the case will have much more of a treatment focus, getting the accused treatment. The providers of the treatment help make resolution of the case better.
The defendant seeking counseling from a licensed drug and alcohol counselor can sometimes give the prosecutor enough peace of mind that they will drop the case. Taking the step to see counseling implies that the person facing an assault charge is taking responsibility for what is happening, not blaming anybody else, and trying to address any issues that caused the incident.
If the person charged with third-degree assault has a criminal history, they will not be eligible for any programs that could keep their record clean and it will make it less likely that the prosecutor will drop the case. To learn more about the potential expectations in Stamford third-degree assault cases, contact a skilled attorney right away.
Impact Third-Degree Assault Charges Can Have on Child Custody and Visitation
An assault in the third-degree charge could have a serious impact on someone’s custody if it is one of the losing custody of their child altogether. Visitation rights could be adversely impacted by an assault in the third-degree charge because the family court could take them away temporarily or severely restrict them.
The most important factor that the judge considers when assessing child custody and parental visitation rights is the best interests of the child. A judge determines the best interest of the child by taking into account all the circumstances revolving around the child’s life and listening to various advocates in the court. The court gives a decent amount of weight to the child’s preference to live with a certain relative or guardian, but takes into account more than that, depending on the age of the child.
Appealing the Court’s Custody and/or Visitation Decisions
A parent has the right to appeal the decision of the court in Stamford regarding child custody or visitation rights. But, appeals take years, so it is a difficult process. The appeal process for child custody and visitation involves somebody who feels they have been wronged getting a transcript, filing notice with the court about what they are appealing and then filing briefs with the appellate court. Then the appellate court makes a decision.
A criminal defense lawyer can help someone accused of third-degree assault maintain their child custody or visitation rights in Stamford by knowing that the family system and criminal system are working with the right officials and attorneys to help maintain visitation. A skilled third-degree assault attorney could also help an individual set realisitc expectations in Stamford third-degree assault cases,