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Assault and Robbery

The prosecution usually will overcharge an assault or robbery to pressure a defendant into pleading guilty to a lesser offense.  All lawyers know this classic strategy, yet too many defendants will act on fast advice from busy lawyers and will accept quick guilty pleas.

A personal lawyer will investigate carefully the exact circumstances of an accusation and an arrest. Too often, angry lovers or exes will exaggerate an incident, or a bar fight will be blown out of proportion. Often, the facts will not match the charges, and if a lawyer takes the time to argue the proper motions, the judge will dismiss improvable charges (no proof of a weapon, no serious injury). Similarly, in a robbery case, the prosecution may overcharge a defendant with a higher degree of robbery if the accuser fell to the ground or felt threatened by a “deadly instrument” (I have seen prosecutors argue that any object from a pointy comb to a flashlight to a hiking boot counted as a “deadly instrument”).  These charges often will be reduced or dismissed if the defense lawyer enacts an effective legal strategy. 

Remember, the prosecutor must prove every element of a charge beyond a reasonable doubt. If the judge or the jury does not believe any part of the charge, it will be dismissed. Often, the judge will reduce an overcharged assault or robbery to a lesser charge, which puts the defendant in a better position to negotiate or to beat the case.

In many assault cases, the defendant will have acted in self-defense. If the lawyer carefully investigates the case and proves the underlying facts, a claim of self-defense will keep the client out of jail.  In cases where the accuser threw the first punch or committed an illegal act, the defendant may have acted legally when responding with physical contact.

The different degrees of assaults and robberies allow for widely varying sentences, making the reduction of an offense level an important strategy. A quick guilty plea by a rushed lawyer almost always leads to a prison sentence. The reduction of an offense level can knock a decade off of a sentence, and an effective defense strategy can keep a defendant out of prison entirely.

The sentences for so-called violent offenses, especially when a defendant has an arrest record, require an effective personal lawyer to protect a defendant from aggressive prosecutors and harsh laws.  Do not trust a second-rate defense — the stakes are too high!

Strategy is Everything

An effective lawyer will not cut a quick deal for a guilty plea to the top charges.  Frankly, the defendant receives little benefit from pleading to a top count because the defendant would end up receiving the same approximate sentence after a trial.  A trial, at least, gives the defendant a chance to dismiss at least some of the charges.

Everyone knows that at a car dealership, only suckers pay sticker price. Busy lawyers may convince a client to pay sticker price for a criminal charge to get rid of a time-consuming case—but it is the client who must do the time!  A personal lawyer, on the other hand, will take the time to build an effective defense and to reduce or dismiss the main charges.

An effective lawyer will attack incredible witnesses and argue against the weaknesses of the prosecution case, including the lack of evidence of injury, force, dangerous instruments, or eyewitness testimony. An effective lawyer will expose an accuser’s lack of credibility, including a violent past, a dishonest character, or a crime record.  For more detailed information about general strategy, see the criminal cases section.

The Law Office of Adam Bevelacqua will follow the tried and true strategies for keeping a client out of jail or prison. Contact the Law Office of Adam Bevelacqua at (917) 656 - 7076 or bevelacqualaw@gmail.com and speak to a criminal defense lawyer immediately.