Depending on your case and the specifics of the situation, assault charges in Charlotte, North Carolina, could be felony charges or misdemeanors. Some examples of factors that will impact your charge include whether or not there was a serious injury, whether or not you used a deadly weapon, what kind of assault took place, and who was assaulted. There are also several different defenses that your criminal defense attorney may use to get the charges dropped, dismissed, or reduced. If your case goes to trial, then there are different defenses that your attorney may use to achieve a not guilty verdict. This article will discuss a few of those possible arguments and how you can go about choosing the best criminal defense attorney for your case.
Self Defense is One Possible Defense for Assault in Charlotte, North Carolina
Self-defense is among the most commonly used arguments for charges related to an assault in Charlotte, North Carolina. The aim of this kind of defense is to establish that you were not the initial attacker, but that the alleged victim was the one who attacked you. Your response to that attack was, therefore, self-defense. In many cases, people are arrested on assault charges because they have physically harmed someone in self-defense, but the original attacker is the only one with visible injuries. It can be difficult to argue that you were acting in self-defense when you do not have injuries. However, if you do have injuries or if there were witnesses to the initial attack, then it will be much easier to prove that you were indeed acting in self-defense. Having said that, you need to cooperate with the police if you are arrested. It can be difficult to go along with being arrested when you know that you are falsely accused. Many people feel outraged at such a situation and insist on arguing and fighting with the police who are trying to arrest them. It is better to cooperate and argue your case of self-defense later than to make the situation worse by refusing to cooperate. Refusing to work with the police could lead to more charges and make it difficult to make a claim of self-defense later.
Having an Alibi is Another Commonly Used Defense to Assault Charges in Charlotte, North Carolina
Imagine that you have just gotten home from work, and suddenly the police are at your door to arrest you for assaulting someone an hour ago. What the officers are talking about has you clueless. You couldn’t have attacked anyone an hour ago because you were at work. Again, it is best to cooperate with the police and avoid making your situation worse. Yet, you can certainly fight the charges by providing evidence of your alibi. An alibi is a defense that states that you were somewhere else entirely when the alleged assault occurred. It could be that someone is framing you for assault, out of anger or revenge, or it could be that you are the victim of a case of mistaken identity. In any event, if you can provide evidence that you were someone else when the alleged crime took place, this should be more than enough to fight assault charges in Charlotte, N.C.
Consent is a Possible Defense to Charges Related to Assault in Charlotte, North Carolina
While it is a bit harder to understand at first glance, consent is also a common defense to assault charges. Consent applies to situations where you and the alleged victim were engaged in activities that were consensual on both sides, and that would be expected to lead to possible injuries. For instance, if you were wrestling with someone else, and you happen to cause serious injury to the other person, then they may decide to press charges for assault. You can then defend yourself with by proving that you and the alleged victim were both engaged in a potentially dangerous activity.
Questions to Ask a Criminal Defense Attorney Before Hiring One to Represent You
When you are facing assault charges, you need a skilled Charlotte, North Carolina, criminal defense attorney to represent and defend you. It is a good idea to seek consultations with more than one Charlotte Criminal lawyer to ensure that you work with someone who is going to be efficient and successful in your case. You will want to provide as much information about your case as you can, and then ask the following important questions to get an idea of how the attorney can help you:
- What are my options and what do you recommend as a defense for assault charges?
- What kind of outcomes do you think are likely in a case involving assault charges?
- What can I expect from the criminal justice system?
- Will there be anyone else from your office representing me?
- Who do I call if I have questions?
- How long will it take to get a call back if I leave a message for you?
- Do you charge a flat fee or an hourly fee?
- What is that fee?
- What does that fee include?
- Is the fee refundable if we part ways?
- Is the fee required up front or can I pay in installments?
- What forms of payment do you accept?
- What other legal expenses should I know about for an assault charges defense?
It is a good idea to write down the answers that you get to these questions so that you can compare attorneys and be fully informed before making any decisions. While it is important to hire an attorney rather quickly before you have to face any legal processes or criminal investigations alone, it is equally important to make sure that you are working with a skilled attorney who has time for your case and who is also affordable. Contact an experienced assault defense lawyer at Remington & Dixon to schedule a free consultation on your case and learn more about how we can defend you against assault charges in Charlotte, North Carolina.
Brandon double-majored in Political Science and Criminal Justice at the University of North Carolina at Charlotte. He earned his Juris Doctor from Barry University School of Law in Orlando, Florida. Throughout his career, Brandon has received numerous awards and recognition from his peers and agencies that rate attorneys. A few of these awards are from The National Trial Lawyers: Top 100 Trial Lawyer in 2014, The National Trial Lawyers: Top 40 Under 40 in 2014, Nation’s Top One Percent: National Association of Distinguished Counsel in 2015, Super Lawyers: Rising Stars in 2018 and 2019, and North Carolina Business Magazine: Legal Elite in 2019, among others.