Hi. I am Jay Cohen attorney from Blass Law and I wanna talk about how an assault case can be dismissed. Now, this applies when you have a good lawyer who’s really working with you.
Self-defense is an affirmative defense to assault. What that means is that if you commit an assault, but you were acting in self-defense and that was reasonable, the defendant can show that and they should not be found guilty of the crime.
It’s important to note that the defendant has to show this. So when the police come out, it’s best not to give any statements, because they’re not the judge, they’re not the jury.
Chances are, they’re gonna take you to jail and let us explain it. It didn’t happen.
Assault cases happen in emotional situations like breakups, divorces, custody battles and often times the complaining witness will embellish or completely make up a story.
We’ve seen situations where the police come out and the defendant isn’t even there. And so, the complaining witness tells a story of what happened and the police are gonna believe it. It all comes down to credibility.
When that complaining witness gives a statement to the police, gives a statement to the 911 operator, later gives a statement to the DA investigator, these are all different times. So, while an officer may have found them credible at the time, later, we find out that the story is a bunch of baloney, and you can’t be convicted of baloney.
If you’re charged with assault or any other crime, call Blass Law at 832-430-7739 and we can help.
Categorized: Assault Charge Defense