Have you been charged with assault? Wondering what to do next? Sometimes these charges can seem unfair. Assault charges are a traumatic experience, particularly if they happen when you feel they’re not warranted.
You’ll need someone who can negotiate on your behalf to possibly have your charges withdrawn or reduced to something less serious, and a Fort Worth assault lawyer who has successfully dealt with countless cases like yours can do that. We’ll provide a thorough consultation, outlining the steps we’ll take in defending your case and what rights you have throughout the process.
First Step: Getting Your Side of the Story
Your lawyer will need to know your side of the story, and we will ask many questions about what led up to the alleged incident and whether or not you believe you acted in self-defense. This will allow us to determine which aspects of the case to focus on and where your story may need bolstering because it doesn’t quite stand up under scrutiny.
Though it may seem otherwise, assault cases are not usually cut-and-dry. They’re often very nuanced, especially when alcohol is involved.
Step Two: Sorting Out the Details of What Really Happened
It’s important to understand that assault charges and your defense are not always as straightforward as you might think, so the first thing your lawyer is going to want to know is exactly what went down when the alleged incident occurred. To find out, your assault lawyer will use certain pieces of evidence, including:
- Videos, usually taken on a phone
- Surveillance footage from any nearby cameras
- Statements from neighbors who may have heard something
- Witness testimony
Even if there were witnesses, it’s likely that they’ll have different accounts of what happened. This means that you need to be extremely clear about all the facts of what went on and be willing to recount them in detail repeatedly, as frustrating as this may be.
Your assault lawyer in Fort Worth may also be able to use physical evidence of any injuries to show that you acted in self-defense. If you have cuts on your body, for example, this could be a sign that you were injured during an altercation and had to fight back. If you have bruises or scratches on your arms or hands, it could show that you were trying to push someone away.
Step Three: Negotiating with Prosecutors
These types of cases are tough to negotiate, but your assault lawyer can use different methods when dealing with prosecutors, such as:
- Arguing there was faulty evidence
- Throwing out unreliable or illegally obtained witness testimony
- Plea bargaining, if and when the situation calls for it
Plea bargains are very common, particularly if you have been charged with a serious crime like assault. A plea bargain is typically when you plead guilty to a lesser charge and agree to a lighter sentence than what you would have received if convicted at trial.
Your lawyer may be able to work with the prosecutor to get your case dismissed in exchange for agreeing to do certain things like participating in community service or attending rehabilitation classes. Or, depending on the circumstances, your assault lawyer may be able to get your sentence reduced if the prosecution agrees not to demand jail time.
The last and final option your lawyer may try is getting your sentence reduced by agreeing not to appeal the decision after the trial is over and done with. All of these options may work well together or separately, depending on what makes sense for your specific case and what’s available to you in terms of resources and support.
Get a Free Consultation for Your Case
You have rights. Helping you fight back is what a good assault lawyer does. We’ll walk you through the entire process step by step. From your first minutes in custody to your final day in court, we’ll be with you every step of the way, working to protect your rights and defend you from charges.
Don’t make a move without an experienced attorney by your side. Please call Hoeller McLaughlin PLLC to speak with a Fort Worth assault lawyer now. Don’t wait another minute in this stressful situation. Reach us by phone at 817-334-7900, or fill out our online form below to get a call back.