Assault/Battery & Domestic Violence

Crimes of violence may be charged as a misdemeanor or a felony.  A misdemeanor conviction can result in a sentence of up to one year in the county jail.  A felony conviction can result in a sentence to state prison for a specified period of time.  Regardless, an arrestee should speak to an attorney about the events that led to the arrest or citation in great detail.  An attorney can make sure the prosecutor is aware of mitigating or exonerating the audience.  He can explain to the prosecutor, if the alleged act was done in self-defense or if the alleged victim has a history of exaggeration or deceit. Sometimes cases involving crimes of violence must go to trial; in other cases, if the evidence is produced early on, it can result in the case not being filed, being dismissed, or a far better “offer” being made by the prosecutor.

There have been times where I have requested a pre-filing meeting with the prosecutor’s office to discuss the clients’ case.  The benefit to this type of meeting is that it may cause the case to be rejected and therefore, never result in a charges being filed saving time and stress for the client.  Like with many types of criminal cases, it is very important to realize that going to jail is not the necessary result for an arrest involving an alleged act of violence.  Moreover, even if there is personal responsibility involved, appropriate counseling classes and/or public work service may be available, in lieu of going to jail.