Assault charges are taken seriously in Lubbock, whether is it a simple assault, assault with significant injury, or aggravated assault. These charges all come with varying penalties that a person should work hard to avoid if possible. In order for an individual to be convicted of assault, the prosecution will have to show that there is intent to harm, unwanted touching, or some sort of physical contact, and often in felony cases that there is pain, bodily injury, or serious bodily injury.
With these requirements in mind, it is important to begin building a defense as soon as possible in order to mitigate the damage associated with the offense. There are always two sides to a story, and what the alleged victim says is not always what actually took place. For this reason, anytime an individual is facing penalties and considering defense strategies in Lubbock assault cases, it is important to first retain the help of an experienced Lubbock assault attorney who can streamline the process and work hard to mitigate the potential penalties.
Assault can range from a Class C misdemeanor, which can carry no jail time and a $500 fine, all the way up to a first-degree felony assault which can carry with it a five to 99 years or life in prison.
Further, assault charges can be enhanced based upon the case or depending on prior criminal history. For example, if a person gets a domestic assault case, then that is a Class A misdemeanor, but if a person had a prior conviction for a domestic assault case, that ends in a third-degree felony.
There are not any set or guaranteed diversion programs for first-time offenders, but there are opportunities to negotiate for terms for dismissal, counseling, probation that is differed, in the hope that there is no conviction. There are potential diversion programs, but they are going to be determined on a case-by-case basis.
Building a Defense
Attorneys believe there are always two stories or two facts to every story when considering penalties and defenses. As such, it is important to break a case down into the facts of the case and then consider the punishments – or the mitigation of the person. This includes anything that shows that their client was not the aggressor or they were provoked or were engaging in self-defense.
Further, an experienced attorney will look at if the person accused did this before or if it was a one-time thing, whether they were provoked, or whether they have a history of acts of violence. An experienced lawyer can also help determine whether the individual needs counseling or other steps that may benefit the individual accused. Each of these may be used as mitigating factors that can be considered when building a defense to assault charges in Lubbock.
DC assault attorneys will want to uncover if their client acted intentionally, knowingly, or recklessly. Maybe the person di not intend to commit some harm, they did not know that they committed, the actions were reckless. These could be defenses in the case. However, there could be potential issues that are challenging when there is evidence showing how they committed the crime and what facts are behind it.
There is an investigation, and a defense lawyer will gather evidence to challenge the prosecution’s case by getting an investigator on board, talking to witnesses, looking at the physical evidence, looking at pictures or videotapes, any use of violence, telephone calls, and medical issues, if relevant. These are all important forms of evidence that can be gathered to try to defend the client in the case and challenge the prosecution. A person needs to get started as quickly as possible when building defenses, because the longer that the defense is not doing the investigation, then the more likely stories change, people disappear, and videotaped evidence is not fit.