Any violent crime charge in Pennsylvania is serious. Charges like assault and battery, resisting a police officer, domestic violence, robbery and sex crimes tend to result in long jail sentences. You also face future limitations on employment and the lifelong stigma of a violent crime conviction. However, you can fight the charges against you. You need to know what defenses apply and how to go about responding to the charges. Here are some defenses to violent crimes from our Pennsylvania criminal defense attorney Richard R. Fink:
1. Factual disagreements
Violent crimes often come down to the testimony of witnesses. Sometimes, witnesses can be mistaken. Other times, witnesses choose not to tell the truth. Even law enforcement officers can make mistakes or falsify their testimony. You can defend against charges of violent crime by challenging witness testimony.
Successfully pointing out problems in witness testimony takes careful preparation. You might cautiously use cross-examination to point of discrepancies in testimony. In other cases, you might use a more aggressive approach. Your criminal defense attorney can help you prepare to successfully challenge factual disagreements in witness testimony.
You are not guilty of a violent crimes charge if you act in self-defense. You have the right to act in self-defense in response to an attack. Unfortunately, police offers don’t always thoroughly investigate before they make an arrest or request criminal charges. You may use witness testimony, the nature and location of injuries, video evidence and conflicting statements in order to make the case for self-defense.
3. Constitutional rights violations
When the police investigate violent crime, they must honor your constitutional rights. If they interview you under arrest without telling you about your legal rights, what you say may not be admissible. If the police enter your property or search your vehicle without constitutional authority, the evidence they gather may not be admissible at a trial against you. In order to assert a violation of constitutional rights, you must raise the issue by filing a motion in advance of your trial.
Fighting violent crimes charges in Pennsylvania
Fighting back against a violent crimes charge in Pennsylvania takes careful planning and strategizing. You must determine what witnesses to approach ahead of trial and whether to file motions based on constitutional violations. At trial, you need a plan to tell your story to the jury. You may also fight against your violent crimes charges by convincing the state’s attorney that it’s in their best interest to offer you a favorable plea bargain. The defense to violent crime charges in Pennsylvania is very personal and specific to your case.
Contact our Newtown and Doyleston criminal defense attorney team
Are you facing a violent crimes charge in Pennsylvania? How you fight back can impact the rest of your life. Our Newtown and Doylestown criminal defense lawyers can help you determine the best defenses for your case. We offer aggressive, professional legal services that don’t stop until you receive justice. Time is of the essence when you’re facing criminal charges. Call us today so that we can begin fighting for you.