If you have been charged with assault and battery, it’s very important that you take action immediately. If you’re convicted of this crime, it could mean time in prison, a hefty fine and other penalties that will affect your life significantly. However, there are certain steps you can take to make sure your defense goes smoothly and your charges are reduced or even dropped entirely. This article will lay out several steps to take if you’ve been accused of 3rd degree assault and want to fight the charges successfully.
If you or someone you know has been charged with 3rd degree assault, it can feel like the entire world is against you. If you were wrongfully accused, you may feel that no one believes your side of the story—but, with the right representation, there’s hope. You should have an attorney fighting on your behalf before your court date in order to secure the best possible outcome. Here’s how to beat 3rd degree assault charges with your attorney by your side every step of the way
What is Assault?
Assault can be defined as the threat of bodily harm or use of physical force against another person. Assault charges are categorized as either aggravated or non-aggravated, depending on the severity and whether it was premeditated. The punishment for a conviction can vary from fines and jail time to prison sentences, depending on the severity of the crime. In order to avoid being charged with this serious offense, here’s how you can protect yourself – Don’t get drunk in public places
- Avoid arguments
- Make sure you’re sober before driving
- Keep your hands to yourself – If someone is bothering you, call the police immediately
- Stay away from people who have been drinking alcohol heavily
- Seek medical attention if assaulted
Jury Nullification
All you need is one juror who refuses to vote guilty, and you’ve got yourself an acquittal. This means that it’s not just your lawyer’s job, but yours too; you should do your best not just to get out of prison but also make sure nobody else gets stuck in there with you. Remember, the system was created by people for the people, so if it’s broken then we have every right to fix it. It’s up to us, not them. We’re the ones who need freedom from oppression, from fear. They will never be free as long as we are behind bars. Don’t let them scare you into thinking this is about revenge or anger or anything like that- this is about justice for everyone. If they haven’t hurt anyone yet, they won’t start now. If they don’t hurt anyone while on trial either, then nothing will happen to them after trial either. And if you don’t want to waste the taxpayer’s money because the person charged isn’t guilty, refuse to vote guilty even when all evidence points towards guilt- together we can change everything. In case anyone thinks otherwise, I am neither a criminal nor an activist- I’m just someone with the privilege of being able to see what’s going on around me and making my own choices based on what I see. So I encourage everyone reading this blog post today: take whatever privilege you might have and use it to help others. You know what needs changing, but keep fighting until something changes, or starts changing at least. Together we can make a difference.
Plea Bargaining
Plea bargains typically occur when the prosecutors want a conviction and the defendant doesn’t want jail time. The defendant and prosecutor would negotiate a deal with lowered charges or reduced jail time, which would then be accepted by both sides. This can also occur with reduced sentence for an amount of time served if probation is denied. For example, you may have been convicted on 2nd degree manslaughter but plead guilty to misdemeanor negligent homicide as part of your plea bargain. In this scenario, the defendant must serve five years in prison, but it’s possible that they’ll serve only one year if they qualify for early release. They might even spend less than a year in jail. If they don’t complete their probation requirements successfully, their felony conviction will be reinstated and they will go back to serving five years in prison. Sentence reductions are sometimes offered to inmates who participate in drug rehabilitation programs or mental health therapy. Drug treatment courts and intensive probation programs are often designed for low-level offenders with addiction problems. A typical sentence reduction under these conditions might involve trading a criminal record for sobriety through attendance at mandatory AA meetings or drug counseling sessions. One should always get professional help when deciding how best to proceed.
Going to trial
If you’re facing a 3rd degree assault charge, it is possible that the charges could be reduced or dropped altogether. This will depend on your state’s laws. In some states, a person can be convicted of 1st or 2nd degree assault if they either cause serious bodily injury or use deadly force. A conviction for this type of crime is punishable by anywhere from 2 years in prison and up to 25 years in prison. At trial, there are two primary defenses available: self-defense and defense of others. These defenses are often considered affirmative defenses which means that you have to prove these elements in order for them to apply. The burden shifts onto the prosecution once you put on evidence that raises questions about what happened, but remember – raising questions is not enough! You also have to prove why this happened. For example, did someone attack you with an object? Did someone try to take something from you? Did someone threaten to harm another person?
If your story meets the criteria for one of these defenses, then the case against you might be dismissed.
Conclusion
To be found guilty of aggravated assault, the prosecutor must show that you acted with intent and had either intent to cause bodily injury or knew that an act would likely cause bodily injury. There are defenses available when these two requirements are not met. For example, if you were acting in self-defense or in defense of another person then this may be considered a defense. The punishment for aggravated assault varies depending on the severity of the injuries inflicted. Although it is important to consult with an attorney before deciding on any course of action, understanding some of the legal terminology can help you decide how best to proceed with your case. A plea bargain is often one option where you plead guilty to a lesser offense in exchange for reduced penalties; however, this decision should not be made without consulting with an experienced criminal lawyer. If convicted of aggravated assault, there will also be various collateral consequences that could impact your life forever such as: being barred from public housing or military bases; having restrictions placed on voting rights; having difficulty finding employment; and even being deported. Read more for these type of blogs.
