how would my lawyer defend me in pleading not guilty for simple assault

Pros and Cons of Pleading Not Guilty to Simple Assault Charges By pleading not guilty, you make the prosecutor prove its case beyond a reasonable doubt —a high bar to reach. If the prosecution's case has any potential weaknesses in it, your attorney can attempt to poke holes in the case and argue to the judge or jury to acquit.

Full Answer

Can I plead guilty to assault without a lawyer?

Harming another person for no reason is never acceptable; however, assault is an extremely complex charge. As we will see in this case study, an experienced legal team can help have your charges completely thrown out, so never plead guilty without consulting a lawyer first.

How can I defend myself against assault charges?

As with the witnesses for the prosecution, the prosecutor also has the opportunity to cross-examine your witnesses. Testify on your own behalf. If necessary, take the stand yourself and tell the story of the incident from your point of view. Sometimes, with assault charges, you may be your greatest defense.

What are the plea options for a simple assault charge?

Another plea option for a defendant charged with simple assault is a plea to a lesser charge. A prosecutor may agree to dismiss an assault charge if the defendant pleads guilty to a charge such as disorderly conduct or public affray, especially if the incident was a shouting or shoving match or a scuffle between two equally-matched people.

Can a lawyer defend someone they know is guilty?

- The Defenders Can a Lawyer Defend Someone They Know is Guilty? Many people that are charged with a crime worry that, if they admit guilt or involvement to their lawyer, their lawyer will abandon them or not try to get an acquittal. Even if the defendant remains silent, they are worried that their lawyers will believe they are guilty.

How do you beat a simple assault charge in NJ?

Expunge Simple Assault Simple assault charged as a disorderly persons offense or petty disorderly persons offense can be expunged 4 years after completing sentencing and satisfying any fines or other conditions.

Can you go to jail for simple assault in PA?

Most cases of simple assault are charged as a 2nd-degree misdemeanor, with penalties including 1 to 2 years in prison and a fine of up to $5,000.

What is the primary benefit of a plea for a defendant?

A lesser charge, lighter sentence, and getting everything over with quickly are some of the benefits of negotiating a plea. For most defendants, the principal benefit to plea bargaining is receiving a lighter sentence for a less severe charge than might result from a conviction at trial.

Can a simple assault charge be expunged in PA?

Simple assault in Pennsylvania is a misdemeanor, whether first, second, or third-degree, and you can't expunge these convictions.

Can you get probation for simple assault in PA?

Simple assault carries a maximum penalty of two years incarceration. Typically, a simple assault conviction will result in a sentence of two years probation unless any aggravating circumstances are present or the defendant has a lengthy criminal record.

What grade is simple assault in PA?

--Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first ...

What are the three possible outcomes of a case involving a plea bargain?

These might involve a reduction in the level of the charge, a recommendation for a lenient sentence, or a reduction in the number of charges if the defendant is facing multiple charges.

What are the 5 types of pleas?

Types of PleasInnocent Until Proven Guilty. All persons are presumed innocent until proven guilty. ... Plea of Not Guilty. A plea of not guilty means you are informing the Court that you deny guilt or that you have a good defense in your case. ... Plea of Guilty. ... Plea of Nolo Contendere (No Contest)

What are the 3 types of plea bargains?

– Discusses the three main areas of negotiations involving plea bargains:charge bargaining,sentence bargaining, and fact bargaining.

Does your criminal record clear after 7 years?

The Seven Year Rule Under federal law, the consumer reporting agencies cannot report an arrest that is over seven years old. However, they may report a conviction no matter how old it is.

Do misdemeanors go away?

A misdemeanor might be considered a minor criminal offense compared to a felony charge, but it is a criminal offense. If you are convicted of a misdemeanor, the misdemeanor remains on your criminal record for the rest of your life, unless the court expunges the offense.

Can you own a gun with a simple assault charge in PA?

A simple assault conviction renders you ineligible to possess a firearm under federal law. Actually, any offense graded as a second-degree misdemeanor or higher would render you ineliglbe.

Assault as a threat

Under this classification, a person can be accused of simple assault even if there was no physical contact. Words alone are not enough to classify a threat as an assault unless the offender also has the ability to carry out the threat and causes the victim to fear for their safety.

Assault as a physical attack

Under this classification, a person can be accused of simple assault if there is physical contact or even attempted physical contact. In the state of Nevada, the physical action must not include a dangerous weapon or it will be classified as a felony.

Plea agreement

Going to trial can be long, costly and unpredictable for both parties, which is why prosecutors offer plea agreements. Under the majority of these agreements, the defendant will plead either guilty or no contest to at least one charge and both parties will then decide on a sentencing agreement.

Plea to lesser charge

Depending on the circumstances of the specific incident, a prosecutor may agree to dismiss the initial charge if the defendant pleads guilty to a lesser charge such as disorderly conduct. Prosecutors will consider this if the incident didn’t involve serious violence, domestic violence or an attack on a weaker individual.

Diversion programs

Some states offer defendants the opportunity to complete a diversion program and have charges dismissed. These programs could include counseling, gaining employment or reporting to a probation officer and are available to defendants who plead not guilty and don’t go to trial.

How to testify against an assault charge?

Testify on your own behalf. If necessary, take the stand yourself and tell the story of the incident from your point of view. Sometimes, with assault charges, you may be your greatest defense. Intent is a major element of assault, and it deals with thoughts in your own head.

What does it mean to be guilty of assault?

In any jurisdiction, to be guilty of assault, the prosecutor must show that you were acting in a deliberately threatening manner that gave the other person a reasonable fear of immediate bodily harm. That fear cannot be a result of your general reputation, or because of a past event.

What happens after the prosecutor presents the case?

After the prosecutor presents the state's case, you will have the opportunity to present your case and have witnesses speak about your side of the story. As with the witnesses for the prosecution, the prosecutor also has the opportunity to cross-examine your witnesses.

What is the burden of proof of a prosecutor?

Understand the prosecutor's burden of proof. The prosecutor must prove that you are guilty beyond a reasonable doubt, which is a very high standard. You do not have to prove that you didn't do anything.

What is the biggest issue in assault?

The biggest issue is intent: You must intend to cause someone harm to be guilty of assault. Your defenses fall into two major groups: either you argue you didn't commit the offense at all, or you argue that you did commit the offense, but it was for a good reason. Steps.

What is affirmative defense?

Affirmative defenses have their own elements. For example, if you're claiming self defense, you must show that it is more likely true than not true (called a preponderance of the evidence standard) that there was a threat of force or harm against you, that you feared you were about to be harmed.

What happens if a man charges you with assault?

The man refuses to back off and you nearly have to punch him, but security intervenes and drags him out. If that man later charges you with assault, you have several possible defenses. If his assault charges include the drink being spilled, you obviously do not have the requisite intent because that was an accident.

Why do people plead not guilty?

Reasons to Pleading Not Guilty. The first court appearance anyone who has been arrested will face is an arraignment, or initial appearance. Most states have laws against holding suspects indefinitely, or for unusually long periods of time, without being allowed to go before a judge.

Can you change your pleas at arraignment?

It is simpler to change your pleas in the event of a plea bargain being offered to you by the prosecution – from “not guilty” to “guilty” than the other way around. For this reason, it makes the most sense to enter an initial “not guilty” plea at your arraignment.

Did Nassar assault a girl?

Nassar had also been previously charged with sexually abusing a young girl at his home. In January, four more of his alleged victims joined a lawsuit against him, adding to the 18 original complainants who have alleged he’d sexually assaulted them under the guise of administering sports medicine.

Do you have to have a lawyer when you are arraigned?

You might not have a lawyer yet when you are arraigned. This is probably not the case for either Nassar or Sandusky, but if you find yourself in arraignment without any legal representation, entering a plea of not guilty is the smartest thing to do.

Does the media assume a defendant's guilt before trial?

Here is where we want to point out that, although media coverage often puts a spin on high-profile cases and the public assumes a defendant’s guilt before the trial, the judicial system still tries to uphold the idea that everyone is innocent until proven guilty.

Can you plead not guilty if you are acquitted?

If you don’t know the strength of the case against you, it makes sense to plead not guilty.

What happens if Randy pleads guilty to assault?

One day, Randy's lawyer phones him to say that he's worked out a good deal with the prosecutor: If Randy pleads guilty (or nolo contendere) to simple assault, the prosecutor will recommend that Randy be given a sentence of time served (the jail time he already served while waiting to make bail), and a small fine.

What is the role of a defense attorney in communicating plea bargains?

To enforce this right, defense attorneys are ethically required to: relay the prosecutor's offer to accept a particular plea to their client.

What did the defendant object to the lawyer telling the jury?

The defendant objected to the lawyer telling the jury that he committed the acts in question and, when testifying, claimed that he was innocent. At the trial's penalty phase, the lawyer again acknowledged his client's guilt but asked for mercy in light of the man's mental and emotional issues.

What is the right to know before making a decision?

Before making an important decision, a defendant is entitled to know what alternatives are reasonably available and, as far as can be predicted, the likely consequences of each. For example, assume that the defendant is charged with assault with a deadly weapon. The defense attorney tells the defendant, "The prosecutor is willing to accept a guilty plea to simple assault and recommend a sentence of six months in county jail and a fine of $500. The decision is yours—what do you want to do?"

What does "relay the prosecutor's offer" mean?

relay the prosecutor's offer to accept a particular plea to their client. It doesn't matter if the defense attorney believes that the defendant's offer won't be accepted or the prosecutor's offer is unacceptable.

Can Denise get a fair trial?

Unless attorney-client communications have broken down to such an extent that Denise cannot get a fair trial, the judge will probably refuse to appoint a new attorney. Talk to a Lawyer. Start here to find criminal defense lawyers near you. Practice Area.

Can a lawyer go along with a client's refusal to admit guilt?

The U.S. Supreme Court said that a lawyer has to go along with a client's refusal to admit guilt, even when the lawyer reasonably thinks admitting guilt is in the client's best interests . (Note, however, that defense lawyers generally have a duty to avoid suborning perjury .)

What happens after a defendant pleads guilty?

After pleading guilty, a defendant can negotiate a plea deal with the judge. Plea deals aim to minimize the sentence for the defendant, usually based on no prior criminal history, good behavior, or other factors of the case. A Glendale criminal defense lawyer can help negotiate a satisfactory plea deal after pleading guilty.

What does it mean to plead guilty?

Pleading guilty during your first hearing generally means the courts will find you guilty of the crime in question and issue a sentence. An important thing to note, however, is that a judge cannot automatically accept a guilty plea. There must be enough facts and evidence supporting the allegation that the defendant actually committed the crime before a judge can rule the defendant guilty, even if he or she is admitting guilt in the plea. This is to prevent innocent defendants from pleading guilty to crimes they didn’t commit.

What happens if you plead no contest?

If you plead no contest, the courts will convict you of the crime and give you a sentence, as would be the case if you pled not guilty. You give up your right to contest the charges or prove your innocence during a criminal trial, and the case moves directly to sentencing. Not all defendants have the option of pleading no contest, ...

What is a no contest plea?

A no-contest plea is similar to a guilty plea in that the defendant is accepting punishment for his or her actions. However, “no contest” does not mean the defendant admits guilt. Instead, the defendant is not contending the charge either way.

How to go to trial if you are not guilty?

First, you’ll go to a pre-trial conference, where all parties involved can discuss which legal issues are in dispute and how to proceed. If parties cannot resolve the matter during the pre-trial conference, the case will go to trial. Hire an experienced criminal defense attorney if you plan on pleading not guilty.

Can you plead not guilty to a crime?

You may plead not guilty and argue your case even if you committed the crime. In the American justice system, you are innocent until someone proves you guilty. The lawyer you choose to represent your case can make all the difference in its outcome, no matter what you plead. Contact us to speak with a lawyer today!

Assessing Your Defenses

The state has the burden of proof in a criminal case. So, a lack of evidence, by itself, could be an effective defense. Prosecutors cannot afford even one weak link in a chain of evidence.

Non-Plea Bargain Options

Usually, guilty pleas involve arranged plea bargains. The prosecutor and defense attorney agree as to the charges and punishment. Unarranged plea bargains are also available in some cases.

Assault as A Threat

Assault as A Physical Attack

Plea Agreement

Plea to Lesser Charge

• Depending on the circumstances of the specific incident, a prosecutor may agree to dismiss the initial charge if the defendant pleads guilty to a lesser charge such as disorderly conduct. Prosecutors will consider this if the incident didn’t involve serious violence, domestic violence or an attack on a weaker individual.

See more on bjsmithcriminaldefense.com

Diversion Programs