Defending Victim-Oriented cases

Defending Victim-Oriented cases

Facts - The offense level of victim-oriented cases are extremely varied.

A simple assault, one that involves only bodily injury is a class A misdemeanor that carries a range of punishment of up to 365 days in the county jail and/or a fine of up to $4,000.00 up to an aggravated assault that carries the possibility of time in the penitentiary.

Is probation a possibility? - Usually, it is a possibility...but be warned. Probation (now called "community supervision") can be time consuming and expensive. Click here to learn more about probation.

The key to a good defense -

1. Call Kimberly Tucker at (972) 492-ATTY (2889) in the metro to schedule a consultation. Prior to coming in for your first consult, complete the Prospective Client Info - non-DWIs document.
2. You should also prepare a detailed written statement of what happened (detail all events leading up to your arrest) as soon as possible. Determine whether you have any witnesses that could help you should you decide to go to trial. Get their contact information and have them draft a brief statement.
3. These cases can have many suppression issues such as search and seizure issues, 5th amendment issues involving your right to remain silent, as well as, trial issues such as self-defense, defense of others, etc. We will discuss all these in order to determine whether it is best to plead or try your case.
4. Often times, the victim does not wish to pursue charges for various reasons. In these cases, I recommend exploring that issue and reviewing whether an "Affidavit of Non-Prosecution" could benefit your case.
5. There may also be federal ramifications regarding your right to carry a concealed handgun or possess a firearm.

My philosophy on these victim-oriented offenses:

If your plea offer involves a "straight probation offer", that means an automatic conviction. If this is your situation, you may have nothing to lose by trying your case.

If you are not a citizen of the United States, please be sure to let Mrs. Tucker's office know!