An assault attorney in Falls Church can defend a client from assault charges by effectively poking holes in the prosecutor’s case, and by finding ways to undermine the prosecution’s theory and witnesses. A defense attorney can often present evidence on their client’s behalf to help show that the individual should not be convicted of assault. However, it can also be done by pointing out other weaknesses that they find throughout the story put forth by the prosecution
The evidence that is gathered by attorneys in assault cases will vary. Usually, the evidence includes witnesses’ statements and sometimes it can include a video, if this happened in a public place or was taped by others. Other typical forms of evidence in assault cases are messages sent, perhaps one where there is an admission of some sort, and information posted on social media. Any reports from the police officer and other information surrounding the incident would be gathered by the attorney as well.
Self defense is a way to defend against an assault and battery case. That is an affirmative defense to the charge of assault and battery. In that case, an attorney is establishing that the elements of assault and battery are not met because the person was reacting to defend themselves or someone else.
In cases where an attorney is arguing that there was not any intent to give the victim reasonable apprehension, the attorney must argue that the defendant did not know and should not have known that their conduct would be likely to result in imminent bodily injury or unwanted contact
It is important to work with an experienced assault lawyer in these types of cases because assault and battery is not defined under statute, there is room for interpretation based on Virginia law, which is always changing. An attorney that works with assault and battery cases can really push the case decision to the furthest extent since no two cases are exactly alike.
Chances are an individual’s case does not fit exactly into one rule or case decided by the Virginia courts, so an individual needs an attorney that is going to be able to pick apart past decisions and interpret the existing law to your case in a way that will help you be found not guilty. Attorneys that work on these types of cases all the time are going to know what type of evidence is or is not going to be helpful in doing that, what questions they need to ask the complaining witnesses or the people that are accusing their, and what questions they are going to need to ask the police officer. Only someone that works on these cases on a regular basis is going to be able to adequately prepare for these types of things.