Assault trials- How to win them in Virginia?

Assault trials (ATs) can be roller coasters in Virginia. As a Fairfax criminal lawyer, my view is that plenty of alleged victims prevaricate to police and on the witness stand, which also happens too often with many other Virginia misdemeanor and felony prosecutions. How should a Virginia criminal defendant handle ATs? A critical starting point is obtaining a qualified attorney who knows how to fully defend such a case, including excellently preparing the defendant and all other defense witnesses to testify, to dismantle the prosecutor’s witnesses and case as best as possible, to advise the defendant whether to testify or not, and to effectively negotiate the best possible resolution for you, ideally with the settlement being for the best possible dismissal.

Assault trials threaten damning consequences to your reputation and liberty. Start defending without unreasonable delay.

Winning assault trials (also known as A&B proceedings) means not having Virginia criminal defendants treat them like deer caught in the headlights;  not expecting judge, jurors, prosecutors nor law enforcement officers (LEOs) to recognize what really happened; and not to simply wish for the best. These are damning charges, and call for being lawfully and effectively aggressive for your benefit and merciless about any untruths and exaggerations levelled against you. Too many of my clients have told me about having their careers and reputations harmed by even pending A&B proceedings, let alone convictions for that.

Do not expect your accuser to come clean about the truth

Why do so many alleged victims in assault trials lie to police and on the witness stand? The word is out among many people on the street that if you are in a fight, that you may be able to reduce your risk of being successfully prosecuted if you are the first to report the incident. Be careful, though. What happens if you are the first to call the police, the police arrest you instead, and you learn that but for your call to the police, you would not have been prosecuted in the first place? One thing is clear, which is not to make a false claim to any police officer, judicial officer, judge, nor on the witness stand, which is a crime in itself. Plenty of judges understand that many alleged victims in ATs lie on the witness stand. It is important that police, prosecutors, and jurors know the same.

What are my chances of beating my A&B proceeding?

Talk with your potential and hired Virginia criminal defense lawyer about how you will beat your A&B proceeding. Often (but not always) assault trials can only be won by your waiving your Fifth Amendment Constitutional right to remain silent (and for your silence not to be held against you by your judge and jurors) and to testify. Even if you are innocent, you may have material weaknesses in your testimony, for instance, if you had intentionally or unintentionally omitted key facts when speaking with the police (if you talked with the police without your lawyer present, in the first place, or if you are nervous speaking in public (which characterizes a wide universe of the general population), or easily get flustered, distracted or intimidated (which also describes a large population of Virginia criminal defendants). Facing the cross examination of an effective prosecutor can be daunting even for the most innocent person. The good news is that the truth can set you free. Whereas it is hard to cover up a lie with the truth (and telling multiple lies in an effort to cover up one lie ends up mushrooming into a field of lies and not being able to keep track of each lie), telling the truth in the face of a barked accusing question from the prosecutor may (but not always) turn the scales towards your favor. A lot of all this has to do with where the truth actually lies, how well your Virginia criminal defense lawyer advises you, and how well your attorney helps you prepare for testifying.

What do I do if I did in fact commit A&B?

Numerous defendants in Virginia assault trials are in fact culpable. That by itself does not assure a conviction. The prosecutor still needs to prove the prosecution beyond a reasonable doubt, which starts with needing to have the necessary witness(es) and any other necessary evidence to present to your judge and jury. Those necessary witnesses and evidence do not always materialize for your trial date. Sometimes prosecution witnesses and prosecutors themselves blunder and otherwise falter in court. Sometimes prosecution witnesses unintentionally impeach each other. Sometimes if not most times, a great Virginia criminal defense lawyer can still present arguments to bring you towards a finding of reasonable doubt and acquittal.

Do not get cocky on the witness stand nor in the courtroom for assault trials nor any other trials

Do not get cocky on the witness nor in the courtroom. Non-lawyers trying to get cocky in assault trials can be like neophyte basketball players getting cocky to Michael Jordan, which is a prelude to possibly being handed your proverbial head on a plate. Put the faith in your Virginia criminal defense lawyer to successfully present your case. When you are on the witness stand, obey your oath by answering each question and only the question. If you dare to advocate for yourself on the witness stand rather than letting your attorney do so, be ready to have the wrath of your judge and jury slam down on you in ways more uncomfortable and devastating than you ever may have imagined. Do not let the saying ring true to avoid seizing defeat out of the jaws of possible victory.

Fairfax criminal lawyer Jonathan Katz has successfully taken hundreds of cases to trial against Virginia felony, misdemeanor and DUI prosecutions, and has successfully negotiated against hundreds of such prosecutions. To schedule your free in-person confidential consultation with Jon Katz about your court-pending prosecution, call us at 703-383-1100, Info@KatzJustice.com and (text) 571-406-7268.