An assault conviction brings many potential problems: up to a $4,000 fine and up to 1 year in jail, including a conviction on your record for life! It is also possible that your ability to own a weapon may be taken away.
Just because the victim either wants to or has dropped the charges, that does NOT mean the State cannot prosecute you! They can prosecute you even without the victim coming to court.
If you plead guilty to assault family violence and are ever charged again, it can be enhanced to a 3rd Degree Felony which carries 2-10 years in prison.
What Steve Dennis can do for you
- Get the charges dismissed – The best result to an assault case is a complete dismissal of all charges. This usually only occurs when the DA feels he will lose in a trial. If the DA knows the defense lawyer is a skilled & experienced trial lawyer, he may dismiss the case rather than lose at trial. I have been trying cases longer than any of the assistant DA’s currently prosecuting misdemeanor assault cases in Montgomery County Courts at Law. It is also possible to get a dismissal if the victim wants to drop the charges or the client is willing to go to anger management classes or other counseling.
- Get a “Not Guilty” verdict – If the DA won’t dismiss your case, you may have to take the case to trial. It is the DA’s job to prove your guilt “beyond a reasonable doubt” to a judge or jury. Having the wrong lawyer in an assault trial can be disastrous. A jury trial is the most difficult part of a lawyer’s job and a proper defense and case evaluation before trial should be done only by a skilled trial attorney.
- Get the assault dismissed and plea to a lesser offense – If the DA won’t completely let the case go, it is possible to have the assault dismissed if the client pleas to disturbing the peace, public intoxication or class C assault (punishable by up to $500 fine only).
- Get the best deal possible – If after a complete review of your case it is determined that your case cannot be dismissed or won at trial, it may be necessary to try and work out a deal for the least punishment possible. DA’s usually don’t give good plea bargain offers to lawyers they know don’t try assault cases. You may be eligible for a special type of probation called Deferred Adjudication that will result in the case being DISMISSED after the probation is over and no conviction being on your record.
No lawyer can tell a client exactly what can be done on their case without knowing all the facts from the client, victim and the police. Every assault case is different, but here are a few recent examples of how I have helped beat assault cases here in Montgomery County:
|Assault Jury Trial||NOT GUILTY||Client admitted he assaulted girlfriend|
|Assault Jury Trial||NOT GUILTY||Client was adult, victim was teenager|
|Attempted Murder||REDUCED||Reduced to misdemeanor assault|
|Aggravated Assault||DISMISSED||Client tried to hit two people with car|
|Assault, Family Violence||DISMISSED||Client took four anger management classes|
|Assault, Family Violence||DISMISSED||Client hit wife and her female friend|
|Assault, Family Violence||DISMISSED||Client hit wife in front their kids|
|Assault, Family Violence||DISMISSED||Client had prior assault arrests|
with Deadly Weapon
|DISMISSED||Client broke into victim’s home, shot victim in stomach|
with Deadly Weapon
|DISMISSED||Client, who had been in prison multiples times, shot victim twice|
* Many more assault cases were dismissed prior to trial.
** Every case is difference and there is no guarantee made for any specific result.
Do not go into court without an experienced trial attorney.