How a Felony Assault Attorney Can Help
A person may be charged with assault in Washington, DC if they cause an injury…
A person may be charged with assault in Washington, DC if they cause an injury that creates risk of death, loss of consciousness, extreme pain, or prolonged and obvious disfigurement. A felony assault case usually is heard in Superior Court.
An experienced felony assault attorney can help you build your defense. They can bring about reduced charges, or possibly have the case dismissed or won at trial.
Table of Contents
Self-Defense
Assault charges in Washington, DC can carry hefty penalties, especially when a weapon is involved. A skilled DC criminal defense attorney could work with you to build a strong assault case defense that can bring about reduced or dismissed charges.
Self-defense is a valid argument in an assault case, but it has to meet certain requirements. First, the use of force must be proportional to the danger that is feared. That means that it must be necessary to prevent death or serious bodily injury. In addition, the force must be immediate; that is, it must be immediately necessary to protect oneself from the threat of death or serious bodily injury.
A felony assault lawyer may help to present this defense to the jury by assembling medical records and any other evidence that supports the case. It is also possible to use character witnesses to tell the client’s side of the story. Many people who are arrested for assault are found not guilty, and this is because of the strength of the self-defense defense.
Defense of Others
If a person is facing aggravated assault charges, it is important to seek the help of an experienced DC lawyer. This is because a conviction of this type of felony crime can result in significant penalties including fines, prison, and a criminal record.
A skilled attorney could also argue that the individual acted in self-defense. This is an argument that requires demonstrating that they used the minimum amount of force necessary to protect themselves from the imminent threat of bodily harm, or that they did not intend to hurt someone else but that their actions were so reckless that it was inevitable that someone would be seriously injured.
This defense may include examining evidence like whether the accused was under the influence of drugs or alcohol at the time of the supposed assault, or assessing their relationship with the accuser to determine how credible they are as a witness. A DC felony assault lawyer could use these and other defense strategies to build an effective case for their client.
Defense of Property
There are several defenses to assault type offenses, including self-defense, defense of others, and defense of property. A lawyer that specializes in these cases will carefully examine all of the evidence presented by prosecutors. They will request anything that they believe is relevant and necessary to defend their client. They will also carefully inspect the evidence to see if it meets the standard of reasonableness for their client’s actions.
A felony conviction can result in serious penalties, including fines and jail time. A DC Felony Assault Attorney could work to reduce these penalties by getting the case reduced to a misdemeanor assault charge. They may also be able to get the charges dismissed altogether. Having an experienced criminal defense attorney that understands the DC legal system, the prosecutors, and the judges is crucial to a successful defense. They will know the arguments, negotiation strategies, and trial tactics to put an individual in the best position possible to win their case.
Defense of Alibi
An air-tight alibi is a strong defense in a felony assault case. An attorney can use phone records, surveillance videos, time stamped documents, and testimony to create reasonable doubt that a person could have committed the crime.
In many cases, a defendant’s alibi involves their claim that they were not present when the offense was committed. For this type of defense, the prosecutor must be given advance notice and a list of witnesses the defendant intends to call in support of their alibi. The state must also provide their own witnesses to be called in rebuttal.
Other defenses to assault type offenses include self-defense, defense of others, and mistake or accident. A DC felony assault attorney can review the facts of your case to determine what type of defense is appropriate. A skilled attorney can also help ensure you comply with the necessary deadlines and procedural requirements for alibis in the court where your case is being heard.
