Defending Assault Charges
It is important to contact an experienced assault lawyer in Alabama when facing an assault charge of any degree. An experienced assault lawyer can help weigh the ethical ramifications of doing this and make sure it is done in the appropriate manner.
An experienced assault lawyer can also work hard defending a client charged with assault in Alabama by developing defenses to the charge, such as self-defense, defense of others, defense of property, or any other statutorily approved context, such as from a medical provider or from a parent. There are a variety of ways of defending assault charges in Alabama.Defense Strategies
In Alabama, there are numerous defenses to an assault charge, such as self-defense. When a person feels in imminent danger of bodily injury or death, they do have a right to defend themselves and be barred and protected from any type of prosecution, even if they perpetrated an injury or serious physical injury upon another person. Should they deem it necessary, medical providers also have immunity in touching and dealing with patients, even if they cause some level of injury in the furtherance of their scope of duties.
Of course, the level of injury must always be examined because that is usually what dictates whether an assault is brought as a misdemeanor or felony. Therefore, medical records and expert medical opinions must be sought to challenge whether the injury falls or rises to the standard for a felony.
Cooperation with the victim’s council, if a parallel civil prosecution has begun, does lend itself to a favorable hand in the criminal context. The person charged with assault has a right to stay under the Fifth Amendment in a pending civil trial or litigation and therefore does put pressure on the civil side of the case to cooperate in the positive resolution of the criminal side of the case so as to expedite the settlement and allow for payment or restitution or payment of injuries.Gathering Evidence
An assault lawyer can begin a detailed investigation of the facts and evidence and can begin gathering witness statements and evaluate the strengths and weaknesses of the state or municipality’s prosecution. To challenge the prosecution’s case, a defense attorney can gather medical opinions and expert reports, collect medical evidence concerning the level of injury, accident reconstruction, and causation evidence if any type of a vehicular accident was involved, and obtain eyewitness statements and accounts for the scene of the assault.
To challenge the prosecution’s case, a defense attorney can gather medical opinions and expert reports, collect medical evidence concerning the level of injury, accident reconstruction, and causation evidence if any type of a vehicular accident was involved, and obtain eyewitness statements and accounts for the scene of the assault.Benefits of an Assault Attorney
It is important when someone faces an assault charge in Alabama to contact and retain the most experienced assault attorney possible. Assault charges are complex. They involve medical testimony, causation issues, and many times accident reconstructions when involving a DUI. A person charged with assault wants to make sure to hire an attorney who will go the distance and has handled the complexities of these types of cases and will be able to mitigate any assault charges in Alabama with a proper defense.