The Court process for misdemeanor assault cases, or assault and battery, is going to involve an initial hearing, which is often called the first call where a person will be advised of their right to counsel and at that time, the matter will be set over for trial.
If the individual has engaged counsel at that point they don’t typically appear, since their Culpeper assault attorney takes care of having the case being set. In terms of the process in anticipation of trial, there will be a significant investigation by their counsel into all of the witness evidence, physical evidence, and other evidence of every kind of which can be helpful. The case will be tried before the General District Court judge.
In a simple assault case, Culpeper County prosecutors have to show a number of elements. They have to show that there was either an attempt or an offer with force or violence to do some kind of harm to another person and that that offer or attempt was done by a means that could actually accomplish that offer or attempt if it was actually carried out.
There is a number of different types of evidence that are important to the prosecution of the case. Usually, the centerpiece of their evidence will be the testimony of the person who is the alleged victim who will testify their version of events. They will also bring forward any other witnesses as well as:
Another very important piece that often finds its way into many cases are statements that were made by the accused either at the time of the events or subsequent to the events.
Out of these types of evidence the most frequent kinds used, which make the biggest difference in a case, are the statements of the victim and the accused themselves. These kinds of cases are very often “he said she said” types of cases and because of that the credibility and the consistency of the statements of both the accused and the victim are very, very important. This is why it is imperative that, number one, a person who’s accused of a crime like this does not make any statements to the police or make any statements to anyone other than their attorney about the case because those statements can be used as evidence against them later.
The second thing that is imperative is that an effective cross-examination should be done of the victim to make sure to point out any inconsistencies in their testimony, any ways in which what they’re testifying to doesn’t make sense, or any personal animosity or bias that they might have against the accused. Who the judge believes under these circumstances is often the dispositive factor in the case.
The way that we deal with the “he said, she said” scenario is by gathering as much evidence as we possibly can and providing as much context as we possibly can to the Court. In an assault case, it is frequently true that there are multiple versions of events and that they are mutually exclusive of each other, or in other words, not everybody can be telling the truth.
In order to show the events and the facts in the light most favorable to the defendant, and to point out any inconsistencies in the testimony of the victim, or any personal animosity or bias advice that they might have against the accused, it’s important to have every fact available and it’s important for the attorney and the accused to spend as much time together as necessary to go over the facts with a fine-toothed comb. Even seemingly small inconsistencies, or inconsistent statements, or part of the narrative told by the victim that doesn’t make sense, have the ability to introduce reasonable doubt into the case. And, if there is reasonable doubt in the case, then the person should be found not guilty. The answer is preparation, preparation, preparation. That is the only way to deal with the scenario like that.
Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.