If you are attending in exchange for a reduced sentence, you would have to plead guilty to any kind of plea agreement, unless the DA accepts a no contest plea. If you begin attending prior to resolution of your case; not necessarily!
Your feelings about anger management and whether or not you need it are irrelevant. If they’re part of a plea, then you don’t have a say in the classes the Court requires of you. If you don’t want to do them, then you don’t accept the plea.
Could PTSD Ever Be Used As A Defense?
Potentially! I can imagine cases in which that could be used. It would probably be more of a trial issue than really a negotiation tactic. But I haven’t had a need for its use yet. If you have a diagnosis for PTSD, but you have no record of it, then the DA may be a little bit hesitant to take this into consideration, especially if they feel like you’re trying to use this to get out of a criminal charge. If you do have a history, obviously they’re going to see it and opt for a treatment plan, rather than punishment.
Can Mental Disorders Like PTSD be Considered a Valid Reason for an Assault?
All of these disorders could play a role in the outcome of a case. The fact that they might not necessarily play a large role doesn’t mean they shouldn’t be explored.
A PTSD diagnosis might exist alongside other mental health issues. It never hurts to open up and see if you can explore that path further. If you can use it, then use it. If not, you can find another way. It never hurts to try.
Is Pleading Guilty to an Assault and Expecting Mercy From The Court Ever Advisable?
This course of action is perfectly within your rights, but it’s not your job to prove your innocence. Rather, it’s the DA’s job to prove guilt.
The DA has the responsibility of looking at the evidence and making sure that their victim or alleged victim doesn’t have any skeletons in the closet. Sometimes, situations like this could arise as a result of wrongdoing by the alleged victim. The victim is trying to get even, perhaps, and might even be setting up the defendant to make the defendant be charged for assault. If the victim has any skeletons, and the DA doesn’t look into them, the DA will look foolish
Ultimately, if a person wants to plead guilty and move on, then that’s perfectly within his or her rights. I would never recommend doing that, at least right away. I would always suggest that you speak with either a private or public attorney to discuss the report’s facts and the allegations.
It’s always a good idea to check with an attorney to see if any rights were violated during the course of the officer’s investigation, either at the time of the incident or after. You never know when things like that will lead to certain evidence being suppressed. This could further lead to other evidence that may dismiss the case.
What Are Some Things That May Help Someone’s Assault Case?
Things that help involve noting where the assault happened, checking for any video recordings, knowing if the person was with anyone, knowing if any witnesses were spoken to before or after the incident, knowing if any witnesses saw the incident, etc.
It’s essential to note if the person knew the alleged victim beforehand. If so, were there any issues between them that led to a false phone call and a false allegation stating that the defendant was engaging in certain behavior that wasn’t true? It’s essential to know why the police were called and what allegations were made.
It could be more than just: “I ran into this person, and we got into an argument.” There may be a back story. When we start building the defense, we ask many questions. We keep digging. Most of these cases require an investigator to interview other witnesses. For example, if it happened in the store or near the store, an investigator would interview its employee’s and make note of anything they may have seen.
For more information on Counseling Programs For Assault, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling [number type=”1″] today.