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Written by AskTheLawyers.com™
If you have been accused with assault and battery charges, you should always assertively challenge these accusations. Rules and regulations, if applied properly, do protect defendants in criminal cases but that doesn’t mean that the charges brought against you are valid in the first place. The justice system of the United States requires that a case against you be proven, thereby, giving you the opportunity to defend yourself. If you seek proper legal representation, you have the opportunity to challenge the charges against you, possibly winning your case. Hiring an expert criminal defense attorney to represent you will work to ensure your civil rights are protected and ensure that you have the best opportunity of being successful in your case.
Innocent or not, you have the right to fight for your civil rights and ask for a jury trial if you feel you have been wrongfully charged. The justice system of this country allows you to challenge your charges even if you know you are unsure about your guilt under federal and local laws. The fundamental design of the justice system will allow you to stand up for your rights and fight for the entire truth behind your case and situation. You have a basic legal right to have an opportunity to be heard, and importantly the right to counsel to aid you in your defense before the courts.
What is Aggravated Battery?
Aggravated battery is a charge filed that declares that a defendant maliciously caused harm to another person by making a limb useless or disfigured. This is a felony charge and the conviction of this charge can lead between one to twenty years in prison depending on the jurisdiction, the circumstances of the incident as well as the defendant’s prior criminal history.
What is Aggravated Assault?
Aggravated assault is a charge filed when an assault has been committed with the intent to commit murder, rob, or even rape with a deadly weapon or instrument that when utilized against another individual, it is likely to result in a serious or deadly injury.
There is a wide range of severe penalties for aggravated assault. This will depend on the specifics of the crime as well as jurisdiction and more. For example, if the assault is against a peace officer, the defendant could face between five to twenty years in prison. In the event that the victim was over the age of 65 the range is between three to twenty years in prison. In an event that involves assault with the theft of a commercial vehicle, the defendant could face between five and twenty years of prison and imposed a fine between $50,000 to $200,000.This illustrates quickly that each case and set of circumstances are different and one-size fits all charges and punishments may not be specific to your case and there a criminal defense attorney can better understand and protect your rights.
Challenging Your Charges
While you may have taken certain actions that could constitute assault and battery, you might still have an opportunity to win your case due to the written laws of the state. In many cases, a criminal defendant will be charged with a case that ultimately violated his or her constitutional rights. If this is the case for you, you have the opportunity to contest the charges due to the violations committed against your rights as a United States citizen. An attorney who is qualified in assault and battery charges can represent you and will fight for your civil rights as well as going so far as having the originally filed charges dismissed or dropped.
Another common example that can help your case is if you were charged with a crime that did not fit your action. Unfortunately, it is common that the state and county district attorneys present over inflated charges to defendants in an effort to get the defendant to plead guilty to a lesser charge. This is known as plea bargaining. Plea bargaining is very controversial for this reason. Often, a defendant will accept the charges filed against him or her, even if the charges filed did not represent the crime. The defendant is seemingly forced to take the plea deal because he or she will be promised a lesser sentence rather than potentially facing a longer one if he or she went to trial. In the event a plea bargain is offered, experienced criminal defense attorneys can still help fight for your rights and the best possible agreement for charges sought.
Challenging the witnesses can be another way that you may have the opportunity to win a case. If a witness is unable to be present at your case for personal reasons or is proven unreliable can help your case. Often, eyewitness accounts are the sole incriminating factor in a criminal case. An expert attorney can drastically help your case by refuting eyewitness testimony if the case is to make it to a jury trial phase.
The justice system of the United States accounts for countless of rules and regulations. This is a tremendous challenge if you see to represent yourself. It may also seem so hopeless that it is easier to give in and take lesser charges offered. Hiring a qualified attorney can benefit your case tremendously as criminal defense attorneys are familiar with the specifics that would apply to your case as well as how to best use the law in your defense. Further, an expert attorney will know of the time restrictions of certain documents, requirements and filings that can hurt your case if not done in accordance with regulation. A qualified attorney is most beneficial when he or she sees that you do not accept misleading plea deals. If a plea bargain is the best option in your case, they will fight for your rights and make sure that you get the deal that best represents your case. Further, the attorney will be sure that no plea deal is made until all the evidence has been properly researched and investigated to see how they would potentially scope within a trial decision.