Assault & Battery
In New York, assault cases can run from assault in the first degree, which carries a sentence of up to 25 years in prison to the less serious (but still very serious) assault in the third degree, which carries a sentence of up to one year in jail. While these cases are serious, they are often hard to prove, and a White Plains criminal defense lawyer can often utilize multiple avenues from which to attack these cases.
These cases usually rely on eye-witness testimony, which is recognized by most experts as imperfect. In addition, self-defense is a common defense that applies in many cases. Unlike affirmative defenses, self-defense requires that the prosecutor prove beyond a reasonable doubt that the accused was not acting in self-defense. That is to say that the prosecutor has the burden of disproving self-defense.Orders of Protection in Assault Cases
Many, if not most, assault cases result in the issuance of an order of protection. This has its own substantial consequences to an accused person who is still presumed innocent until he or she is convicted. As a result of this order, however, the accused can be forced out of his home, school or place of business and be forced to turn in any firearms that he has, whether or not he needs those firearms for work.Serious Charges Require a Serious Defense
The seriousness of the injury that the victim sustained is one of the most important factors that will be considered in determining the level of assault with which a person will be charged and any plea offers that your criminal defense attorney will be able to negotiate. The level of injury itself can be difficult to prove, and there is substantial case law about the level of proof to sustain various levels of injury.
When fighting an assault case, a skilled lawyer will often utilize the expertise of doctors or other experts to attack the prosecution’s case. The defense doctor can be utilized not only for his testimony, but also to review all of the victim’s medical records and help prepare the cross-examination of the prosecutor’s witnesses and doctors. Involving a lawyer early on can improve your chances of walking free.Call Now for the Help You Need
If you or a loved one has been accused of an assault, you should contact a White Plains criminal attorney as early as possible. Tilem & Associates, PC is ready to hear your side of the story. We can be reached by phone at (877) 377-8666.