4 Defenses to Assault with a Deadly Weapon Charges

Assault with a deadly weapon such as a knife or gun is a highly grievous crime that entails serious repercussions when convicted. Even if it is the first offense, you could be sentenced up to four years in jail with a hefty fine. In some cases, judges have mandated that offenders take an anger management course while under probation. The following are four defenses to an assault with deadly weapon charge that you and your attorney can review over and decide which best pertains to your case.

1. You never used a deadly weapon or caused an injury
2. You acted in self-defense or you were defending someone else
3. You were complying against your will
4. You are being falsely accused

You technically cannot be charged with assault with a deadly weapon if you did not have an object on you that could be used to cause harm. Also, if you did not cause injury to another person at the time, your  Palm Beach attorney can argue that you are not guilty of this crime. This is when the first defense would come in handy during your case. If you use the second testimony and claim that you acting in self-defense or the defense of another, you would have that the situation you were faced with would cause you great harm. You would also have to prove that you believed the force you used against the attack was necessary for your protection.

If you plead that you did not act willingly to commit the crime, you and your lawyer will have to work hard to bring the correct evidence to light that proves that you were forced against your will. This works as a great defense if you can prove it sufficiently. The last defense, false accusation, is one of the most common testimonies in an assault with a deadly weapon charge. Many times suspects get accused of a crime they did not commit simply because the witness made a mistake in the identification process.

If you find yourself facing an assault with a deadly weapon charge, contact your local Palm Beach criminal defense attorney immediately.

The Pro’s and Con’s of Fighting a Traffic Ticket

Does it Make Sense to Challenge the Court of law?

 

 

Nobody enjoys the feeling of bright blinking lights of a cop car in the rearview mirror. Aside from feeling uncomfortable and nervous, at that moment, we are well aware of the repercussions of our actions and realize that a traffic ticket will more than likely be issued. Although your initial instinct will be to panic and insist on fighting the violation, it’s important to be aware of the pros and cons of fighting a traffic ticket.

Ticket Types and Whether They are Worth Contesting

Whether you were issued a traffic ticket as a result of speeding, a rolling stop, reckless driving, DUI, or illegal lane changes, it’s advisable to consider whether they are worth fighting or not. In some circumstances, it’s best to simply pay the designated fine, learn your lesson, and not have a record of the incident. In some violations, this is the case. In other violations, though, repercussions may be heftier and require you to fight your charge in court in order to maintain your points, license, and to keep your insurance rates down. Even though you may indeed be at fault, it’s worth disputing in court in case you win and get the fines and penalties lowered or eliminated altogether.

Exploring your options and listing out the reasons why you should and shouldn’t argue your ticket will help you make a more informed decision. A West Palm Beach defense attorney can assist you in deciding the proper course of action for your unique traffic violation. There are certain times when violators falsely ‘claim’ sceneries that lean in favor of the defendant, and these will not stand in court such as: (Source)

• Blatantly ignoring the law
• Complaining that the officer singled you out
• Told a story to make you appear innocent
• Insist that the officer is lying

Consequences of a Traffic Ticket

Depending on which type of ticket issued, consequences can vary from severe to mild. Some require a simple monetary payment while others require court dates, license suspension, and further more robust penalties. A traffic citation issued to you could entail:

• Points deducted from your driving record
• Scheduled court date in which you must appear along with the officer
• Spike in car insurance rates
• Mandatory traffic classes or driving courses (Source)

Every minute in the U.S., 78 people are issued a speeding ticket. That’s 4,680 people getting a traffic ticket each and every hour, not including those who are simply stopped and given a warning (Source). Of all the types of traffic tickets one could receive, speeding tickets are the most common violation issued. In 2011, speeding was a contributing factor in 30 percent of all fatal crashes, and 9,944 lives were sacrificed due to speeding-related accidents (Source). Another shocker? Approximately $6,232,000,000 is paid in speeding tickets every year.

Ultimately, fighting your traffic violation is up to your discretion. Weighing the pros and cons will give you further insight into whether or not pursuing legal action is necessary. Prior to your court date, if one has been scheduled, be sure to educate yourself on the highway traffic acts in your area in order to have valid proof. Often times, paying the ticket and learning a life lesson is the best course of action, while other times, it’s advantageous to fight the ticket in a court hearing. Losing your driving privileges by virtue of reckless driving and poor driving habits is never worth the risk. Learn the law, stay safe, and be a responsible driver: it could save your life and the lives of those around you.