Proving Assault on an Officer in Ocean City
When someone is arrested for making offensive or potentially harmful unwanted contact or threatens to do so, they are usually facing misdemeanor charges. However, this offense becomes a felony if these actions were directed at an officer. Assaulting an officer is a serious charge and prosecutors work hard at proving assault on an officer in Ocean City. Therefore, it may be in your best interests to reach out to a seasoned assault on an officer attorney if you are facing charges. Call today to schedule a consultation and learn more about how a lawyer could help you.
Main Types of Evidence in Assault Cases
There are several different types of evidence that may be used for proving assault on an officer in Ocean City. Most of the time in assault cases, there is the testimony of the person who was assaulted. Witness testimony could also be used. Sometimes in assault cases, there is physical evidence by the way of photographs if the injured person had their injuries photographed. Hospital records can also be introduced as evidence.
Policy Body Cameras Impact on the Case
A police officer’s body camera footage can be a huge piece of evidence that the prosecution relies on, especially if it clarifies whether or not the officer was in uniform. A body camera would also clarify who threw the first punch in the incident. Body cameras are fantastic tools, and it would be ideal if every police officer had to wear one and keep it running the entire duration of their shift. Not only can body cameras help with proving assault on an officer in Ocean City, but it can also exonerate a defendant. Over the years, police officers have been shown to be capable of lying and breaking the law. Unfortunately, the problem with body cameras is that there are too many departments that have a protocol that allows the officer to turn the camera on and off or turn the audio on and off. Body camera footage can be very helpful if it corroborates what the defendant says happened.
Mitigating Factors for Assaulting an Officer
Most of the time in Ocean City, the individual is intoxicated when they assault someone. People usually come to Ocean City to go on vacation. When someone goes on vacation, they disregard their inhibitions. They may have a tendency to behave differently and that may include consuming far more alcohol than they typically would. For the most part, judges are able to distinguish between the way someone would have acted if they were sober versus the way they acted after consuming too much alcohol.
Alcohol is usually a mitigating factor for a defendant facing penalties for assaulting an officer. When someone’s behavior was fueled because of too much alcohol, the court could require them to take some sort of class to see if they are having an alcohol abuse problem. If the individual has previous offenses on their record, then the leniencies start to disappear. If it is the defendant’s first offense, there will be more leniency given to them.
Felony Assault Charges in Ocean City
Felony assault charges are heard in circuit court. Whenever something gets moved to circuit court, the types of trials that are heard are much more serious and the penalties handed down from the judges are usually more severe. The prosecution will work tirelessly at proving assault on an officer in Ocean City and ensure that the defendant faces the severe penalties. This is why if you are facing felony charges, you should contact an accomplished defense lawyer as soon as possible.