Assaults can range from a Class C verbal threat to assault someone to a first-degree felony aggravated assault if a weapon is used and serious bodily injury occurs. We have handled cases at both ends of the spectrum and everything in between. We have gotten Not Guilty verdicts in assault trials, prevented indictments on felony assaults, and had other assault cases completely dismissed. The most complicated kinds of assaults are those with family violence designations. These assaults usually occur between married couples or couples who live together but also include people who have children together and other adults living in the same household. These cases require extra attention because they are fraught with extra dangers. If you plea to an assault with an affirmative finding of family violence, you will lose more rights than someone pleading to the same offense without the family violence designation. For example, you cannot carry a weapon during your probation period, even if you have a license to do so, and you can never seal the record related to that offense. Furthermore, if you have a conviction with an affirmative finding of family violence, you will never be able to be the primary guardian of your children.
Many assault cases, no matter what level of assault, come down to he said-she said (or he said-he said, etc.). The prosecutors feel compelled to support their officer’s version of events, and convincing them of anything else is an uphill battle. However, we have had great success with these cases by doing a little extra investigation to track down witnesses, obtain medical reports, run criminal histories on the State’s witnesses, etc. It is extremely important to fight assault cases all the way to trial if necessary.