Criminal law is a nuanced field to traverse. Even for the most common criminal acts, there will be variations of the same crime. Understanding the intricacies of criminal law can be tricky for many people.
Assault is one of the most complex criminal acts to comprehend. Compared to first-degree assault, second-degree assault requires more factors to play a role. That is especially true for those looking to get a good enough defence to drop the charges against them. Assault can be divvied up into its respective variations. While the first degree assault is a direct, intended act of harm against another, the second degree could be different. For example, there may not be a direct form of consent involved.
The differences between first-degree and second-degree assault becomes increasingly important when fighting your charges. While all of the other factors could play a role, it is crucial to know the primary influences. By doing this, you are taking an important step forward in forming a counter-strategy.
Let’s learn how to get second degree assault charges dropped.
How to beat second degree assault charges
As the adage goes, a good defence is a good offence. The same can be said for trying to drop your second-degree assault charges. In some cases, all you need to do in court is trying to reduce the seriousness of how the assault played out. If your lawyer can somehow make the charges look trivial, it goes a long way for your needs.
In addition, second-degree assault charges can be made out to be an accident if proven correctly. Should the circumstances turn out to be in your favour, you will be able to form a great strategy in court. If you can, this will be the easiest way to get yourself out of what could be a serious charge.
When faced with a second degree assault charge, you should always take the opportunity to seek out a criminal defence lawyer. These professionals will be able to advise you on the best course of action to take so that you are not left hanging.
Moreover, they will be able to argue in your defence in the trial if it goes that route. No matter how your second-degree charges turn out, having a competent lawyer is always encouraged. Do not be afraid to speak to them and ask questions; they are here to ensure you get off!
In some drastic situations, you may be able to convince the court that there is another viable way out. Case in point, this has to do with what is known as a peace bond. A peace bond manifests when the second-degree assault charge is withdrawn. Or, it could be stayed, meaning the charge is not pursued.
If you are advised to take a peace bond, there could be some very important reasons for doing so. For instance, it prevents the issue from moving ahead to a trial. It also stops you from having a criminal record, as long as conditions in the peace bond are followed. As long as you follow these criteria, you can get the charge dropped.
Sometimes, all it takes is a great defence to stop a charge from being proven true in court. When it comes to second-degree assault, there are a few defences that are better than others. One of the best ones involves the namesake itself; self-defence can be easy to prove in some situations.
If your life is in danger, using self-defence to protect it can be a viable way to get your charges dropped. Moreover, there are other viable defences that your lawyer may advise you to use in your case. Depending on how the circumstances play out, each of these could work heavily in your favour.
Withdrawal of Charges
Second-degree assault charges are serious in themselves and not without good reason. However, not everything is as black-and-white as the law dictates. There are many good reasons for your charges to be dropped if the circumstances play out correctly. In this regard, it may be best to simply seek out a withdrawal of the charges altogether.
Whether it was a minor form of harm or a first offence, these reasons could stop the charges from being proven true. Of course, various factors must play into your benefit if this option is to go through without a big hitch.