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Experience |
ASSAULT Allegations
of assault range from Attempted Murder to Misdemeanor bar fights. Prosecutors, politicians and judges have dedicated their
efforts to try to ensure severe penalties for “violent criminals.”
If you are charged with any kind of assault, they’re aiming
at you. You need an
attorney to defend your interests.
Watch out; they don’t even have to prove that you hit or hurt
anyone, just that you caused fear of bodily harm.
Prosecutors will push cases, even when the victim doesn’t
want to press charges (remember former Viking quarterback Warren
Moon?) Severe
penalties include: First
time Assault With a Gun - 3 years prison (no time off for good
behavior) Assault on a
Police Officer Causing Any Injury (possibly even a small bruise or
scratch) - It’s a Felony. Domestic
Assault - No big deal. RIGHT?
WRONG! If you plan
to plead guilty to help you “kiss and make up” you should also
cancel your future hunting trips, unless you only hunt with a bow and
arrow. It is a federal
offense for a person convicted of domestic assault (even a misdemeanor)
to possess any firearm. Even
if you don’t hunt, the penalties are more severe than you imagine
(even after you have heard the sentence and think that’s all).
Some think they can defend themselves on a domestic assault.
Unfortunately, people accused of Domestic Assault generally are
involved personally and emotionally and cannot expect to evaluate their
cases objectively. If you
are considering self-representation, first consider the following: have
you ever studied the Rules of Evidence?
Start at Rules 801, 802, 803 and 804 (hearsay not admissible
unless it isn’t hearsay and unless it is admissible under 26 specific
exceptions and two “catchall” exceptions that may or may not be very
important in litigating your case).
Then move on to the criminal statutes, the Rules of Criminal
Procedure, and then you can start reading the cases from our appellate
courts (the cases start in the 1800s). Then do you really know which judges may be more receptive to
your case (whether it is a case for victory or mercy)?
It is very unwise to go to court alone in such an intensely
personal case. You need an
objective, aggressive and knowledgeable attorney.
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