What Is the Criminal Process for Domestic Violence Simple Assault?

Navigating the criminal process can be intimidating, making it crucial to have an experienced attorney on your side. At Stroud, Flechas & Dalton, our defense lawyers have a deep understanding of criminal law to guide you through the legal intricacies of your case with care and precision. 

Below is a general overview of the criminal proceedings for domestic violence or simple assault:

1. Arraignment. This is typically the first court appearance where you will be formally charged, be informed of your rights, and enter a plea. If you plead guilty, the judge may set conditions for your release and schedule the next court date.
2. Discovery. During this stage, the defense and prosecution will exchange evidence and information. Depending on the information provided, your attorney may also file motions to dismiss the charges or suppress certain evidence.
3. Negotiation and plea agreements. If necessary, your attorney may negotiate with the prosecutor to reach a plea agreement, which could result in potentially reduced charges or penalties. 
4. Trial. If a plea agreement is not reached, the case will proceed to trial, where it will either be heard by a judge (bench trial) or a jury. Both sides will present evidence, question witnesses, and make their arguments. After deliberation, a verdict will be rendered.
5. Sentencing. If you are found guilty, the judge will determine an appropriate sentence based on the circumstances surrounding the offense and state guidelines. This may include fines, probation, mandatory counseling, or jail time. Your lawyer can advocate for a fair and just verdict during this phase.
6. Appeal. If you are convicted and believe there were errors in the court process, you may have the right to appeal the conviction. Your attorney can review your case with a practiced legal eye and guide you through the complexities of the appeals process, if applicable.

Navigating domestic violence simple assault charges can be stressful, but having a dedicated defense lawyer in your corner can significantly affect the final verdict. Our firm is committed to defending your rights and building the strongest possible defense for your case. 

Legal Defenses Against Domestic Violence Simple Assault Charges

If you were charged with simple assault or domestic violence, the stakes can feel incredibly high. Working with a knowledgeable defense lawyer is critical to building a strategic and tailored defense for your specific case. 

Some common legal defenses against simple assault and domestic violence include: 

Self-Defense

If you committed a crime in self-defense or defense of others, we can argue that your actions were necessary to protect against imminent harm. 

Lack of Intent

To secure a conviction for simple assault, the prosecution must prove that the act was deliberate. If there was no intent to harm, we can fight to drop the charges.

False Allegations

Unfortunately, false accusations can also lead to criminal charges. We can gather evidence to uncover inconsistencies and dispute the validity of the allegations. 

Insufficient Evidence 

The prosecution must prove your guilt beyond a reasonable doubt. If there is insufficient or unreliable evidence, we can fight for the charges to be reduced or dismissed.

What Are the Consequences of Domestic Violence/Simple Assault?

Domestic violence or simple assault can have serious and lasting consequences that extend well beyond fines and jail time. A conviction can lead to a variety of personal and professional obstacles, such as the inability to pass background checks, obtain affordable housing, and secure employment opportunities. 

In some cases, professional licenses may be suspended or revoked, barring you from continuing in your chosen career field. In addition to these immediate impacts, a criminal conviction carries a harsh social stigma that can affect personal relationships, community standing, and long-term quality of life. 

At Stroud, Flechas & Dalton, we focus on achieving the best possible outcome for every client we represent. Our firm can work diligently to identify weaknesses in the prosecution's case, advocate for a just verdict, and mitigate the potential consequences of a conviction, giving you peace of mind that your future is in trusted hands. 

What Happens if I Violate a Protective Order After Domestic Violence? 

A protective order is issued by the court to restrict contact with a specific person, such as by prohibiting communication, physical proximity, or other actions. Violating a protective order can result in additional criminal charges, including contempt of court and a separate misdemeanor or felony offense. Our lawyers are well-versed in these legal nuances to protect your liberty and fight to avoid additional penalties. 

Facing domestic violence charges can be daunting, but you don’t have to fight alone. Call (662) 371-6580 to schedule a free consultation.