Assaults

Assault – or, assault and battery – is one of the most frequently charged crimes in state court. This offense can occur in lots of ways, but it happens most commonly when ordinary disputes get out of hand. Arguments at parties or in bars, or over denting someone’s car by accident when trying to park – these are just two common examples of scenarios that lead to physical altercations, and then to criminal cases. For many, assault charges arise when minor issues spiral out of control.

Assault cases require a broad range of skills to defend. Some cases call for subtlety – the incident might be minor, or somehow understandable. In those circumstances, the right approach may be to avoid confrontational litigation. Other cases call for more – prosecutors can overcharge these cases, and witnesses and victims can give accounts that do not square with the facts. Each case has to be considered carefully on its own, with serious thought given to how the best outcome can be obtained.

IredaleRoth has substantial experience handling these cases in all their different forms. The Firm frequently receives requests to assess assault matters, and has had substantial success persuading prosecutors not to bring charges, or to agree to favorable outcomes. In other instances, we have been able to substantially reduce and overcome more serious charges, such as by exposing weaknesses in the cases at preliminary hearings. In all these matters, we harness all the facts to make powerful and effective presentations, often reframing these cases and delivering great results for our clients.

If facing an assault case, you may be thinking about these issues, which often arise:

• Assault is almost exclusively a state-court offense; limited examples of federal offenses are for matters like assaulting federal elected officials, judges, or law enforcement.

• At the state level, prosecutors can charge the alleged conduct in a variety of ways. At one end, the charge can be a misdemeanor, generally carrying modest consequences. At the other end, the offense can be charged as an aggravated felony, which can carry years in custody.

• Challenging these cases in court requires striking a careful balance. The prosecution’s case can often be a sympathetic one – alleged victims will sometimes testify, and even witnesses can make a defendant look aggressive. It takes significant skill and experience to attack these narratives while also maintaining credibility.