Westport Assault in the Third-Degree Case Considerations
Assault in the third-degree cases are very nuanced and often have many moving parts, which is why it is important to keep certain Westport assault in the third-degree case considerations in mind. An experienced assault attorney could be an invaluable asset during the case process and could answer any questions an individual may have about their case. If someone has been charged with a third-degree offense, they should speak with a capable lawyer that can advocate for them.
Tampering With a Witness
Tampering with a witness is defined under Connecticut General Statute 53a-151, which states that a person is guilty of tampering with the witness if they induce or attempt to induce a witness to testify falsely, withhold testimony, elude a legal process summoning them to testify, or absent himself from any official proceeding. The most common examples of this are when people ask someone not to call 911.
To prove tampering with a witness, the prosecution will have some type of evidence showing that the incident occurred. This would usually include a statement from the witness claiming that someone asked them not to do something.
Communicating With the Complainant
One of the Westport assault in the third-degree case considerations to be aware of is whether or not there is a protective order in place prohibiting them from contacting the other person. If there is and they violate it, they could be facing an additional charge on top of the assault charge. An accused person should have their attorney communicate with anyone in order to avoid a tampering with a witness charge.
Importance of a Defendant’s Credibility
If a defendant has built up enough credibility with the court, that is a big negotiating point between the defense attorney and the prosecutor. The prosecutor will be willing to reduce the charges or offer some type of plea deal in exchange for something from the defendant. If the defendant has been doing counseling, for example, the prosecutor may ask that they continue in counseling for another six weeks and then they will drop the charge.
Impact of Repeat Assault Offenses on a Case
A repeated offense of third-degree assault can be more severe than a first-time offense. The person will not be eligible for any pretrial diversionary program, and the prosecutor will view them as a risk. Prosecutors will probably want them to plea to a sentence that could potentially include jail time. A secondary offense is treated more seriously in court because the accused is viewed as more of a threat and the court will typically want some type of a plea.
Role of Motions to Suppress Evidence on an Assault Case
A motion to suppress evidence is a motion that the defense can file if they feel that evidence was unconstitutionally obtained by the police. It can impact a case because the evidence is then tainted and the prosecutor cannot use it against the defendant, which makes their case a lot weaker. The prosecution will be more willing to work with the defense attorney and negotiate either a reduced charge or dropping the charges.
Speaking to a Westport Assault in the Third-Degree Attorney
Assault in the third-degree is a serious offense that could have severe consequences for those convicted. That is why it is important to retain the services of a skilled legal advocate. If an individual wants to know more about what Westport assault in the third-degree case considerations they should keep in mind, they should speak with a qualified third-degree assault attorney that could help.