How Can an Assault Case Get Dismissed?

By  | 

Assault cases vary widely depending on several factors, including the relationship between parties involved, how severe an injury was sustained, and who initiated it. Charges for assaulting are considered violent crimes with severe stigma attached to them.

Reducing charges against you requires considerable work on behalf of both yourself and your attorney.

1. Get a Free Case Assessment

Many believe that if an alleged victim doesn’t wish to press charges against someone, their case will automatically be dropped. Unfortunately, however, prosecutors represent the state and must continue with any case, even if an alleged victim wishes for its dismissal.

Prosecution must provide evidence beyond any reasonable doubt to prove its case and if they cannot, the judge will dismiss it.

Our Long Island criminal defense attorney is not afraid to explore factors like insufficient evidence and Fourth Amendment violations when arguing to have your case dismissed, having helped multiple clients get their charges dropped or dismissed without even going through trial.

As soon as you call our firm, we will arrange a free case assessment with one of our Nassau County assault lawyers. At this meeting, you can describe your circumstances and what happened, before discussing ways we could possibly dismiss your domestic violence case altogether.

2. Get Rid of an Assault Charge

If you’re facing an assault charge, taking swift action by contacting a criminal lawyer іs essential tо safeguard yourself against potential consequences like imprisonment, fines, probation, and the lasting stigma оf a criminal record.

Your NYC assault lawyer may employ various defenses tailored tо the specifics оf your case, including arguments оf self-defense оr lack оf intent.

Assault іn the first degree involves causing physical harm using a deadly weapon оr dangerous instrument, such as knives оr guns, which can result іn severe penalties. Similarly, assault іn the second degree carries significant repercussions, including imprisonment, fines, and post-release supervision, along with the enduring mark оn your criminal record. Seeking legal counsel promptly іs crucial tо navigate the complexities оf the legal system and work towards achieving the best possible outcome tо Get Rid оf an Assault Charge.

3. Sign an Affidavit of Non-Prosecution

An Affidavit of Non-Prosecution is a document which the alleged victim signs and notarizes to indicate they do not wish for charges against an accused to be pursued against them. This tool can create uncertainty within court proceedings and make it harder for prosecutors to prove their case against these individuals.

An Affidavit of Non-Prosecution must include specific dates and times as well as supporting evidence such as text messages and emails in order to enhance its credibility and reliability. This ensures that it can withstand scrutiny.

The affidavit should clearly state that the alleged victim wishes for charges to be dropped against them and does not wish to testify in this case. They must also be free from any outside influence or pressure when making this decision.

Criminal trials hold to an even higher standard of proof than civil ones; to convict someone for assault charges they must believe beyond a reasonable doubt that you were indeed guilty. If an alleged victim changes their mind due to reconciliation, misunderstandings or other factors then your charges could be dropped as a result of this change of heart.

4. Hire an Attorney

Assault cases can be complex, requiring extensive research and legal knowledge for a successful defense. You will require an attorney with experience in criminal defense for assault and domestic violence cases.

Your attorney can use video footage or DNA evidence from weapons used for assault to demonstrate that you were not guilty. These pieces of evidence could strengthen your case.

If the prosecutor lacks sufficient evidence for conviction, they may opt to drop all charges instead of spending unnecessary time and resources pursuing them. When faced with this circumstance, they usually agree to drop them altogether.

Your lawyer can also assert that the alleged victim did not provide an accurate account to police and may also show how the police violated your rights during their investigation or that the prosecution’s case is weak enough. Therefore, hiring an attorney as soon as possible to review your facts of case will benefit immensely.