Battery Defense Lawyers Seek Misdemeanor Status And A Quick Settlement In The Arraignment

by | Jan 6, 2016 | Lawyers

A battery case could escalate quickly. Battery defense lawyers want to see it as a misdemeanor or something less, and the battery case often provides an opportune position to do exactly that. A battery case is often very subjective, even more subjective than other cases, and it forces a number of necessary questions such as: was the defendant provoked? Was there something else going on behind the scenes?

A battery may seem one-sided on the surface: a person hits another person, case closed. But, the reality is often far more revealing. Battery defense lawyers seek to reduce any charge of battery from a felony to a misdemeanor. If they can get more for their client after the police report surfaces, they will seek to build a strong narrative.

That may begin with a not guilty plea. In a misdemeanor case, the not guilty plea may work as follows. The prosecution and the defense will trade information to come up with a reasonable agreement. If that is possible (and the wishes of the prosecution and defense client), it may be the most practical choice. This agreement can often end the case immediately and allow everyone to continue on their way in a direction that is realistic and manageable.

This is also the opportunity to waive pretrial motions, which are sweeping requests that have some type of logical backing. If, for example, the case will carry on, a pretrial motion could incite the dismissal of evidence. The attorney provides a report that states certain evidence is unjustified.

A pretrial motion could be small, such as the example above, or it could make the entire case. Some pretrial motions may lead to the dismissal of the case. Everything will revert to as it was before the battery occurred. That is the case, at least from a legal standpoint.

In reality, most prefer to avoid trial. A meeting may be established to avoid trial if at all possible. Trials are expensive and they can get dragged on. will take a case to trial if it is strong and the team believes there are unjust practices in it, but it is often preferable to make it quick. It may ultimately benefit the defendant more than anyone. You can also like them on Facebook!

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