Evidence in a Westport Third-Degree Assault Case
Evidence in a Westport third-degree assault case often includes statements by witnesses, anything that was filmed or recorded on things like security cameras or people’s cellphones, medical records and past history of domestic violence.
An experienced assault attorney could try to compile evidence that shows that the person accused of assault in the third degree is innocent. There could be witness statements, third-party witnesses, it could be video recording, treatment letters from doctors and medical records, showing that there was actually no injury.
Potential for Dismissing Harmful Evidence
If a case is going to trial, an attorney can file what is called a motion in limine. This motion requests that the court throw out or exclude evidence that would hurt the individual being tried. The lawyers would write a motion, research the law, file a memo with the court before arguing to exclude that evidence in a Westport third-degree assault case.
How A Prosecutor Might Present Their Case
A prosecutor has to demonstrate beyond a reasonable doubt that a person had intent to cause physical injury to another person and caused that injury to the other person. There is also two other ways the prosecutor can prove that someone is guilty of assault in the third degree, that the person recklessly caused physical injury to another person or that the person had criminal negligence and they caused physical injury to another person with a deadly weapon, and ‘criminal negligence’ means that the person was grossly unreasonable in their conduct way beyond what normal people would be doing if they’re reasonable.
Challenges of Putting the Accuser on the Stand
The benefits of putting the alleged victim on the stand include allowing the defense attorney to cross-examine the witness. An attorney can seek out holes in their story and find inconsistencies that may impact the way the jury perceives them and their claim.
Defenses for First-Time Third-Degree Assault
Westport lawyers defend people who have been accused of first-time domestic violence for assault in the third degree by collecting all the evidence possible, making sure evidence that is important to the case is preserved, by filing motions, by getting the individuals treatment if they need it and by interviewing all possible witnesses and making sure that they understand everything that’s going on in the case before they make their defense.
Importance of Speaking with an Attorney
Speaking with a lawyer that has good relationships with local prosecutors allows the lawyer to speak candidly with the prosecutor on a familiar level and talk about the merits of the prosecution’s case in a more relaxed environment that allows the prosecutor to be more at ease when discussing the case and resolving more favorable outcomes. They can help you present beneficial evidence in a Westport third-degree assault case and speak on your behalf at appropriate moments. Contact a lawyer about your third-degree assault defense as soon as possible.