When people get charged with a criminal offence, the first thing they ask their lawyer is, “What are the chances of outcome A or outcome B?” While a lawyer can guide and protect you through your legal case, it may be challenging to determine what the outcome is going to be. Various factors influence the result of a legal matter, and these factors can vary.
The law is not an exact science, and it is not possible for your attorney to put a percentage on a specific outcome. What a Rochester criminal defence attorney can do is use their knowledge and skills to speed up the process and increase the odds of a preferred result.
Factors that can impact your assault charges
The facts of your case.
It goes without saying that the evidence against you will significantly affect your case’s outcome. Things such as witnesses, photographs or videos, and any admissions of guilt you made will substantially determine how the Judge will handle your case. Further, how the other party or the State obtained this evidence is also a critical factor.
Previous criminal history.
The Judge and the jury are more likely to go lenient on a person if it is their first conviction. A person with a history of arrests, convictions, and similar charges is more likely to receive harsher punishment from the State. A repetition of the same mistake is not looked at favorably by the Judge.
Characteristics of the victim.
If you have been charged with assault, who the victim is will determine the outcome significantly. For example, assaulting someone of around the same age and gender might have lesser punishment than assaulting a child. Moreover, attacking a person belonging to a minority class may also invite hate crime charges.
Prosecutor assigned to your case.
Different prosecutors handle cases differently, even if they work in the same office. Their experience, philosophy, and personality make them look at matters differently. Some prosecutors are more forgiving than others. Some may try their best to resolve a case without going to trial, while others may not. Ultimately, not the Judge but the prosecutor who decides the outcome of your case.
The presence or threat of serious harm.
The degree of harm involved in the case can affect its outcome. If your criminal case consists of the presence or threat of a severe type of harm, the State may impose a stricter punishment. However, this only happens when you are found or plead guilty to the crime.
Nobody wants to face false assault charges. Criminal charges do not only ruin your reputation but damage your future and personal relationships with your friends and family. Contact an attorney in Rochester for help today.