Building a Defense for First Degree Assault in Chester County

In Chester County, Pennsylvania, aggravated assault felony of the first degree is taken very seriously by both the courts and the prosecutions because of the potential harms that an individual accused with such could possibly have done or have the capacity to do in the future against society and others. Therefore, obtaining the services of an experienced Chester County assault lawyer is essential to building a defense for first-degree assault charges.

Types of Strategies

Preparing for the right defense and mitigation is the only way to combat the thousands of resources available to the prosecution and the police when charging an individual with such a crime. Common defenses include the alibi defense, self-defense, which is the most prevalent, and defenses which reduce the charge from an aggravated assault felony of the first degree, perhaps, to a lesser charge of a felony of the second degree or even misdemeanor simple assault.

In all cases, it is essential to work as hard as possible to fight an aggravated assault felony charge of the first degree. The legislature of Pennsylvania has levied significant incarceration periods when dealing with such a crime and various civil and supervision penalties that can affect the entire future of the accused.

Role of Evidence

In many cases, the police officers are responding to a very serious scene with very serious injuries. Thus, it often occurs that the first person to speak to the police or the person most seriously injured is often determined to be the victim  and any other individuals involved are often named as possible or potential defendants.

However, this assumption is often unfair and untrue. The only way to circumvent this evidence is to prepare positive evidence on behalf of the defendant as soon as possible. With today’s medical technology and with any other witness means, evidence can be refuted and charges in some cases can even be dropped.

One of the most impactful approaches and one of the most effective ways to build a strong defense for these assault charges in Chester County can be to work from the outset to gather and preserve evidence such as:

• Physical evidence
• Video evidence
• Medical records
• Weapons which may or may not have been used
• Eye witnesses

In the case of an eye witness, they may be able to testify to the accused utilizing self-defense or being mentally incapacitated at the time of the alleged incident. Evidence can  easily be disputed when video tapes are obtained showing how events actually took place. Witnesses are questioned, affidavits and statements are taken, which often can portray an encounter in a far different way than the prosecuting counsel may want to present it.

Other than the charges being refuted thanks to key evidence being brought to light, mitigation is the only other way that a case can be reduced when someone has been charged with aggravated assault.

An attorney experienced in mitigating assault charges can start from the very outset in attempting to explain to prosecutors, to the court, and to the police the facts of the case, as well as the  condition of the accused at the time, both physical and mental. Mitigating or attempting to reduce the possible incarceration and other serious consequences is at the heart of defeating such a charge.

How An Attorney Can Help

It is important that you take a proactive approach when defending against an aggravated assault felony of first degree. Otherwise, the consequences of a conviction will most likely have long-lasting and severe consequences for the rest of your life. Having an attorney by your side is the most effective way to defend yourself against a prosecution intent on seeking a conviction ruling from the court. The arguments you put forward and the details of the alleged incident have to be presented to the judge in the best light possible. A qualified attorney can be an invaluable asset in that endeavor.

An experienced assault lawyer can work from the outset with you in preparing all the most crucial elements of the defense,  with an eye toward refuting any type of evidence that the prosecution may put forward in attempting to prove their case. When aggravated assault felony of the first degree comes into play, serious penalties are in play and significant resources are used by the government to prove their case.

Thus, should you find yourself facing charges, having the right lawyer at the earliest possible time only increases the chances that you will be able to build the best defense available and possibly reduce the severity of the offenses of which you are being accused.