Although every case is different, there is always some level of defense that can be crafted for those charged. Regarding assault specifically, there are a number of different defenses that may be available depending on the specific facts and circumstances surrounding the case. Some of the most common defenses include self defense, mutual combat, premeditation where someone is fending off what they believe to be coming, or other similar duress types of defenses. To discuss what defense may be applicable to your case, call and schedule a consultation with a Fauquier County assault lawyer today.
In order to build the strongest possible defense for each assault case an attorney will typically begin with a background investigation of the accused and the victim and of the circumstances surrounding the case. This may take place through the defense attorney themselves doing research and discovery or through the use of private investigators. Either way the defendant will want to discuss all potential investigatory options available when they talk to their defense attorney.
Another important step to building a defense is going through the chain of potential witnesses, including both the Commonwealth’s witnesses and defense witnesses and understanding what they may say in advance to the trial. Also it is also important to talk to the accused about who was there if that kind of information is possible and use private investigatory services when appropriate to talk to those witnesses. We do not have to trust the police investigation as the only source of fact witnesses.
‘He said’ ‘She said’ cases are very prevalent in the assault context. In order to combat this, the defense attorney will need to know who the alleged perpetrator is and who is actually the alleged victim. This also involves looking at more information such as what the relationship is between the two parties, what their background is with each other, and whether they had any prior involvement with law enforcement.
Potential witnesses are also important in this regard, as an attorney will need to track down who was at the scene, who took the report, and whether there was any other information that may be available. This could include pictures or videos from a cell phone, social media posts, or anything else that could potentially demonstrate what took place.
An attorney will also want to examine who potentially has incentives, either monetary or other consequent incentives, to bring about these charges. For example, is it a case that involves brothers? Is it two co-employees fighting for the same promotion? There are all sorts of different circumstances. So it is very fact specific but certainly some of the cases are going to be only ‘He said’ ‘She said’. The attorney has a very specific individualized game plan for that case.
Northern Virginia Criminal Defense Group
