A Criminal Defense Attorney in Hillsboro, MO Strategizes a Simple Assault Out of a Battery Case

Posted By : Aubrey Mead , on Nov, 2015

 

An assault and battery charge is serious business. A savvy and fast-minded criminal defense attorney in Hillsboro, MO can often downgrade an assault and battery to a simple assault. There are two fundamental strategies for accomplishing this type of downgrade in the court of law. It is worth remembering (and worth hiring the best local criminal defense attorney) because it reduces any potential jail time out of the equation. A simple assault may only result in probation- a far more acceptable consequence.

Bringing the Burden to the Prosecution

The prosecution will use the testimony of their client to paint the event. The most viable strategy for tackling any kind of charge is to invalidate and refute how they perceive the event to have happened. For example, the prosecution states that they were hit first. The defense can claim the opposite. The prosecution will generally have no choice but to approach the duration of the case as if their word is correct.

The defense could potentially respond by saying those storied events are true. The defense will then have to be on the defensive in a deliberate way, and that can be a disaster. Evidence to refute the prosecution will be invaluable in bringing to them the burden of proof. They will use this evidence to build the fact that the prosecution is wrong.

Painting the Situation With Evidence

Of course, it is the evidence that will make or break a case. A criminal defense attorney in Hillsboro, MO has the capacity to find evidence, such as video footage or a witness. These are the two most powerful forms of modern evidence (next to DNA) because they are almost irrefutable. A witness should have no position in the event. Their indifference is essential because it means they will not take sides.

A simple assault is quite a manageable charge and a major downgrade from an assault and battery. An attorney will use the burden of proof and serious substantial evidence to bring that charge down- and often dismiss it entirely. Click here to speak with a legal representative in the local community.

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