If you were assaulted by another person, but somehow you and the assailant were charged, you are likely confused and upset. It can be terrifying to be charged with assault when you were only defending yourself from harm. However, with proper legal guidance, you may be able to have your case dismissed without a trial.
Police are usually not present to witness an assault, and when they are called to investigate, they hear both sides of the story. Instead of attempting to determine who initiated the fight, they let the courts sort it out. This may seem unfair and a waste of time and money, but police rather a judge determine who is guilty rather than play the role of the judiciary.
If you are not the one who initiated the fight, you still must appear on your court date. If you do not appear, the other case could be dismissed and the court may issue a warrant for your arrest. When you do appear, you will have the burden to convince the ADA that you were not the initial aggressor, but rather you acted in self-defense. This can be difficult to do. Therefore, it is best you hire an attorney to assist you with your case.
If you are convicted of assault, you could face repercussions for years to come. You might face jail time. Additionally, this conviction will show up on background checks for jobs and housing. However, if your case is dismissed, you can immediately apply for an expungement to have the charge removed from your state record so it does not show to the general public.
The criminal defense attorneys at Guirguis Law in Durham and Wake can help you fight your case. Contact us at (919) 832-0500 for more information.