After dipping significantly for many years, the number of assaults has increased since the end of the pandemic. Today, about three-fourths of Americans will be an assault victim at some time in their lives.
A generation ago, a lawyer could quickly resolve most assault cases. Most victims could choose to “press charges.” Since most assault victims know most assailants, and in many cases the relationship is close and personal, these victims usually elected not to move forward.
But the law is different now. In most cases, prosecutors can subpoena witnesses, even alleged victims, and force them to testify against their will. This legal change gave prosecutors, as opposed to defense attorneys, the advantage during plea negotiations.
The three levels of assault, like all other criminal cases, have significant direct and collateral consequences. Only a Marietta criminal defense lawyer can reduce or eliminate these consequences.
Assault by Contact
ABC, which is a harmful or offensive touch, is a low-level misdemeanor that, for most purposes, is like a traffic ticket. This infraction is usually a plea-bargaining tool. If prosecutors press ABC charges, it’s usually to placate an alleged victim who insists that the police “do something.”
Almost anything, from a line-jumping shove to first-degree murder, could be a harmful or offensive touch. So, unlike the higher assault degrees, this one isn’t too hard to prove in court. That’s if a competent witness supports the charges and if that witness promptly appears in court. Those are two pretty big “ifs.”
Witness problems affect all three levels of assault cases. These problems aren’t quite as severe in ABC cases. Witnesses usually only tell their stories twice, once to responding officers and again in court. That court date usually isn’t too far away from the offense date. But ABC alleged victims often have credibility problems. For example, the alleged victim often has a grudge against the defendant.
But as mentioned, this offense is usually a bargaining chip. ABC is an attractive plea bargain option for both sides. It doesn’t have the same effects as a misdemeanor or felony conviction, and prosecutors at least convict the defendant of something that goes into the computer.
Ordinary Assault
Misdemeanor assault is assault with bodily injury. That injury could be anything. The seriousness of the injury affects the probability of a guilty verdict. Although alleged victims sometimes do run into doors, serious injuries are usually intentional injuries.
Special rules often apply in domestic assault cases. Most police departments have mandatory arrest policies. The aggressor, which is usually the man, must go to jail and, in most cases, stay there for at least twenty-four hours. Furthermore, emergency responders must inform alleged victims of their right to obtain a protective order.
Violation of a protective order is an independent domestic abuse charge. False imprisonment is another one. Prosecutors often file these charges if the defendant allegedly blocked a doorway or stole the alleged victim’s car keys.
Domestic violence cases often involve parallel family court proceedings. In fact, a Marietta criminal defense lawyer could convince a criminal judge to surrender jurisdiction over the matter to a civil judge that’s already presiding over the matter.
We touched on witness problems in assault cases above. These problems are worse in these cases. Frequently, alleged victims must formally tell their stories at least three or four times. They might informally tell their stories on Facebook three or four times a day. All these retellings often cause the details to blur together. Any inconsistency, especially inconsistency in sworn statements, adversely affects witness credibility.
Recollection might be an issue as well. Legally, before trial, witnesses can review documents, like a police report, to refresh their memories. However, unless they have some independent recollection, like how the fight started or how long the police took to respond, witnesses are incompetent to testify.
Incidentally, alleged victims cannot “drop” assault charges. If they refuse to cooperate, prosecutors have basically two options. They can drop charges themselves, reasoning that if the alleged victim doesn’t care about the case, they shouldn’t care about it either. Or they can subpoena the alleged victim and force him/her to testify.
Aggravated Assault
SBI (Serious Bodily Injury) aggravated assault is the most common felony assault charge. It’s also the hardest one to prove. In case you’re wondering, the other two are an assault against a public servant or someone else in a protected class, like an elderly or disabled person, and assault with a deadly weapon.
SBI assault usually hinges on the alleged victim’s medical bills. Frequently, such records are unavailable or inadmissible.
Basically, SBI is an injury that sends someone to the hospital. Busy ER doctors often treat and release alleged assault victims. That treatment level might not be enough to support felony charges. Other alleged victims don’t even make it inside the ER. They get tired of waiting and go home. When the case goes to court, there’s insufficient evidence to establish the extent of injury.
An ABC plea probably isn’t an option in an aggravated assault case, even if the evidence is weak. Deferred disposition, however, is a viable option in these cases. If the defendant successfully completes probation, the matter doesn’t go on the defendant’s permanent record. A reduction to ordinary assault might be available as well. Misdemeanors don’t have the same direct and collateral consequences as felonies.
Assault charges are defensible in court. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. We routinely handle matters in Cobb County and nearby jurisdictions.
