Getting an Aggravated Assault Charge Reduced in DetroitSep 09, 2019, by Assault, Criminal Defense in
If you have been charged with aggravated assault, you may be facing serious time in prison, particularly if a weapon was involved in the alleged crime.
In many cases, an attorney can examine the evidence in your case and negotiate with the prosecuting attorney to get charges reduced. In some cases, we may even be able to get your case dismissed when there is insufficient evidence to prove your guilt. Our attorneys at Davis Law Group have handled many violent crime cases and have the experience necessary to assist with your defense. Schedule a consultation by calling (313) 818-3238 or use our online contact form.
Aggravated Assault Definitions
A person commits assault without a weapon with the intent to murder or cause great bodily injury and who causes serious or aggravated injury is guilty of misdemeanor assault. Misdemeanor assault resulting in injury is punishable by up to one year in jail and up to a $1,000 fine.
A person who commits assault on a family member such as a spouse or person they are in a dating relationship with may be charged with felony assault. Felony assault on a household member is punishable by up to five years in prison and a $5,000 fine. A “dating relationship” means more than casual friendship or acquaintance.
Defenses to Aggravated Assault
If you have been charged with aggravated assault, you may have a defense to the crime. Following are some of the most common defenses raised an aggravated assault case:
- Insufficient evidence – In some cases, there is insufficient evidence to prove your case. For example, if the victim is unlikely to make a credible witness or refuses to cooperate with the prosecution, the state may be unable to prove its case.
- Lack of intent – The state must prove that you had the intent to cause great bodily injury or to commit murder. If serious injuries were caused by an accident, you lacked the intent to commit aggravated assault.
- Self-defense – If you reasonably believed that you or another person were in danger of death or great bodily injury and used only the force necessary to protect yourself or another person, you may be able to raise an affirmative defense that you were acting in self-defense.
- Lack of capacity – If you were unable to understand right from wrong or conform your conduct to the requirements of law because of a mental disease or defect, you may be found not guilty by reason of insanity. The insanity defense is risky because it is unpopular with juries, difficult to prove, and may even result in a longer time in confinement than a sentence rendered after a guilty verdict.
Many cases are resolved with a guilty plea. An attorney may be able to help you get charges reduced by pointing out mitigating factors in your case to the prosecuting attorney. If you had no criminal history, you may be able to receive a lesser sentence than a defendant who has prior convictions for violent felonies.
A common misconception about assault and battery cases is that if the victim does not want to press charges then the case will be dismissed. It is actually up to the prosecuting attorney to decide whether or not to go forward with the case. The prosecutor in a criminal case represents the interests of the state, not the victim. Sometimes prosecutors will move forward with a case against the wishes of the victim, especially if serious injuries are involved. Usually, prosecutors take the victim’s wishes into account and often will agree to dismiss charges or agree to allow a defendant to plead guilty to a lesser charge if an alleged victim does not want to testify against the defendant.
If you have been charged with aggravated assault, you have a right to request a jury trial, even if you are charged with misdemeanor assault. The decision to proceed to trial or to plead guilty is one you should make after reviewing the evidence with an aggravated assault attorney. In many cases, the prosecution makes an offer that he or she believes is less than the defendant may receive if the case proceeded at trial. However, sometimes a skilled defense lawyer can obtain a better result by convincing a jury that there is reasonable doubt about the defendant’s guilt.
Reach Out to A Detroit Assault and Battery Lawyer
If you have been accused of aggravated assault, contact Davis Law Group right away, even if a warrant has not been issued for your arrest. If police ask to speak with you, don’t give up your rights and speak to them without an attorney. Call our office today at (313) 818-3238 to schedule a consultation with a Detroit defense attorney at Davis Law Group.