Could Someone Face Probation For An Assault Charge?
Probation is possible for misdemeanor assaults and for some felony assaults depending on whether it is charged to the dangerous offense, in which case it is charged to the dangerous offense of the felony and aggravated assault. There would be no possibility for probation if someone was convicted with that dangerous element, and that means mandatory prison time.
What Can A Person Face During Probation?
They might make the person take some classes, pay a fine or maybe pay restitution to the victim if it is a misdemeanor, however in case of a felony, they might put the person on supervised probation, assign a probation officer, and make the person do drug or alcohol counseling. They could make the person do anger counseling and might send them to jail. The person might go to prison and then get out on parole, but there are a lot of different variables.
How Does The Court Treat Repeat Offenders And What Could Someone Be Facing In That Case?
For the first offense of any misdemeanor a person could face possible jail time depending on the charge. He might be able to get a probation offer, pay a fine, go for classes and might even get a diversion offer where he could take classes so it would be erased, however with second offenses, the diversion offers are usually no longer available and then the person is then potentially looking at some real jail time because a prosecutor might feel that the person should go to jail, and that is possible even on a first offense.
It is a very realistic possibility that a person would be looking at possible jail time in case of felonies. These cases are serious, and whenever someone is charged with a violent offense, they would really need to talk to an experienced defense lawyer who can help and guide through the process and defend the case.
Could An Assault Charge Be Put Aside In Arizona, What Would The Process Be Like And Would It Be Worth Doing?
Yes. The misdemeanor courts have forms that someone can ask to fill out in case of a misdemeanor to try to have a judge grant a motion to set aside judgment or the vacate guilt. The court will require that the person have completed all the terms of their sentence, and at their discretion the court will decide whether or not they should grant it.
It is possible to get certain things set aside for felonies. If the offense is considered dangerous then case law might prevent the judge from doing that so there are some more legal issues with that. Before anyone with an assault or violent conviction wants to get it set aside, they should call a lawyer to have someone go over the legal nuances of those issues.
What Is The Most Common Situation You Hear From A Client?
The disorderly conduct and domestic violence cases are the most common. Husband and wife situations where they argue about her parental issues, money issues and maybe infidelity issues cause an argument and then police show up and say that someone was arguing a little too loudly.
Is There Any Sort Of Empathy Because The Courts Are Biased Against Assault, Especially Domestic Assault Cases?
If the court, the judge or the jury take their oaths seriously, then the person is innocent till proven guilty and if someone goes to trial, they will get a fair shake in putting on the evidence, but it is up to a judge or a jury to decide how that evidence turns out.
A person always needs to be aware that if they are convicted of violent offenses that the court might not like, then they might sentence the person according to how they feel about it, but in terms of fighting the case, a person can only be hopeful that their trial will be fair.
What Would Help Someone’s Case?
The first thing that would help the case would be to call a defense lawyer and have a confidential consultation. The first thing the attorney will ask a person for an assault case would be regarding who else was there as a witness and they would then start devising a strategy for how the person could be defended. After the facts are gathered, they try to put together an investigation that shows what really happened in the case and not necessarily the narrative of one side over the other.
For more information on Probation, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (480) 447-1100 today.