Defenses Against Assault Charges in San Leandro
Being accused of committing an assault could be extremely stressful. This crime holds serious penalties and could have long-term implications on your personal and professional life.
Fortunately, there are numerous potential defenses against assault charges in San Leandro. Therefore, it is important to work with a seasoned defense attorney who could protect your rights and ensure your best interests are represented throughout the litigation process.
How Could a San Leandro Lawyer Defend Against Assault Charges?
A well-practiced local defense attorney would approach a case differently depending on the type of assault charge someone is facing. Some common assault charges include:
- Simple assault
- Assault with a deadly weapon
- Sexual assault
- Domestic Assault
This charge covers a wide range of conduct, and the different defenses that exist are fact-dependent on the specific assault charge the person is accused of engaging in. For example, with a simple assault, or even an assault with a deadly weapon, a local lawyer could argue that the defendant was acting in self-defense.
Another common defense is misidentification. In other words, the person accused of committing an assault may not be the actual perpetrator involved. In this case, legal counsel may accept that the assault took place but prove it was not the defendant who committed the act.
Evidence to Improve a Defense
Different defenses require different evidence to establish. If the defense is claiming there was flawed and subjective eyewitness testimony, the investigator would want to talk to anybody else that might have been in the area who saw the incident, who may describe or identify somebody other than the accused as the assailant. He or she may also wish to work with an expert witness who could further prove the witness testimony is unreliable.
For both misidentification and self-defense arguments, a San Leandro attorney would likely investigate the crime scene to determine if there is any surveillance footage of the assault. This footage could be used to either prove the defendant was not the assailant or demonstrate that he or she was protecting his or herself or others from harm.
Alternative Sentencing for First-Time Offenders
A defense attorney can help secure offers that could help a defendant avoid jail time, take a case to trial to aim for an acquittal, or even work out resolutions that result in a dismissal. For example, the district attorney may agree to either defer prosecution or agree to a deferred entry of judgment provided the person complies with certain terms and then dismiss a case after an agreed upon period of time. This may involve enrolling in an anger management course, alcohol and drug rehab, or some type of in-house residential or outpatient treatment and staying out of trouble. After the agreed upon time, he or she can show of proof of completion, then the district attorney would move to dismiss.
There are also instances where the evidence is insufficient to support a conviction and the defense attorney can secure an outright dismissal.
Seek Guidance from an Assault Defense Attorney in San Leandro
If you have been accused of committing an assault, it is imperative that you obtain a legal representative who could build a strong defense against these claims and discuss the various alternative resolutions available. An accomplished attorney familiar with the different defenses against assault charges in San Leandro could provide trustworthy guidance throughout the process. Call us today to schedule your initial case consultation.