Facing assault charges in Oklahoma can be overwhelming. Whether you have been accused of a misdemeanor or a serious felony, the potential consequences of a conviction can follow you for years. Understanding your defense options and how the criminal justice process works is essential for anyone in this situation.
The variety of assault and battery crimes in Oklahoma is extensive, and the specific charge you face depends on the circumstances of your case. But regardless of what you have been charged with, you have rights. You have the right to challenge the government’s evidence, to present your own defense, and to make informed decisions about how to proceed with your case.
Hold the Government to Its Burden of Proof
In every criminal case, the government bears the burden of proving every element of the charge beyond a reasonable doubt. This is a high standard, and the prosecution must meet it for you to be convicted. Until you know for a fact that you cannot succeed in your case, it is in your interest to hold the government to this burden.
Assault charges often involve conflicting accounts of what happened. Witnesses may have different versions of events. Physical evidence may be limited or ambiguous. The alleged victim’s account may contain inconsistencies. All of these factors can create reasonable doubt about whether the government can prove its case.
By working with an experienced criminal defense team, you can evaluate all of the government’s evidence thoroughly. This means reviewing police reports, witness statements, any video or photographic evidence, medical records, and anything else the prosecution intends to use against you. A complete picture of the evidence allows you to make informed decisions about your defense strategy.
Conducting Your Own Defense Investigation
The government conducts its own investigation, but you are not limited to the evidence they choose to gather. Your defense team can conduct an independent investigation to find evidence that supports your case or undermines the prosecution’s claims.
This might include interviewing witnesses who saw the incident and may have a different perspective than what appears in police reports. It could involve obtaining video footage from nearby businesses or residences that captured what happened. It might mean working with medical professionals to challenge claims about the nature or severity of alleged injuries.
A thorough defense investigation can reveal information that changes the entire complexion of a case. What looks like a strong case for the prosecution on paper may fall apart when all the evidence is examined carefully.
Understanding the Range of Potential Outcomes
Assault charges in Oklahoma range from relatively minor offenses to serious felonies. Simple assault, where someone attempted to hit another person but did not make contact, sits at one end of the spectrum. At the other end are charges like assault and battery with a deadly weapon, assault with great bodily injury, and maiming.
The category of assault also matters. Domestic assault and battery charges carry their own considerations and potential consequences. Assaults on law enforcement or emergency personnel are typically charged as felonies because of the relationship those individuals have to the community.
Understanding where your case falls on this spectrum helps you evaluate your options. A charge that could result in years in prison calls for a different approach than a misdemeanor charge. Your defense strategy should be tailored to the specific circumstances you are facing.
When Dismissal Is Possible
In some cases, the goal of your defense is to get the charges dismissed entirely. This can happen for various reasons. The evidence may be insufficient to support the charges. Key witnesses may be unavailable or unwilling to testify. There may be legal issues with how evidence was obtained or how the investigation was conducted.
Working toward dismissal means challenging the prosecution’s case at every opportunity. This includes filing motions to suppress evidence that was improperly obtained, challenging the credibility of witnesses, and arguing that the evidence does not meet the legal standard required for conviction.
Not every case can be dismissed, but you should explore this possibility before considering other options. Your defense attorney can evaluate the strength of the government’s case and advise you on whether dismissal is a realistic goal.
Preparing for Trial
If your case cannot be dismissed and you believe you have a strong defense, going to trial may be the right choice. At trial, the government must prove its case to a jury beyond a reasonable doubt. You have the opportunity to present your own evidence, cross-examine the prosecution’s witnesses, and make your case directly to the jury.
Trial is not the right choice for every case. It involves risk, because if the jury convicts you, the consequences may be more severe than if you had resolved the case through other means. But for defendants who have strong defenses and are unwilling to accept responsibility for something they did not do, trial provides the opportunity to fight for a complete acquittal.
Your defense attorney can help you evaluate your odds at trial based on the evidence, the strength of your defense, and the specific circumstances of your case. This evaluation should be honest and realistic so that you can make informed decisions.
Considering a Plea Agreement
If you and your criminal defense attorney are confident that you cannot get the government or the judge to dismiss your case, and you do not like your odds at jury trial, it may be time to consider resolving your case with a plea agreement.
A plea agreement is a negotiated resolution where you agree to plead guilty to certain charges in exchange for concessions from the prosecution. This might mean pleading to a less serious charge, receiving a lighter sentence, or having some charges dropped entirely. The specific terms of a plea agreement depend on the facts of your case and the negotiations between your attorney and the prosecutor.
Accepting a plea agreement means giving up your right to trial, so it is a decision that should not be taken lightly. But in some cases, a negotiated plea offers a better outcome than risking conviction at trial.
Exploring Diversion Options
Beyond traditional plea agreements, some defendants may be eligible for diversion programs. Diversion options can lead to an outcome far less serious than a conviction, and in some cases can result in charges being dismissed upon successful completion of the program.
Diversion programs typically involve requirements such as community service, counseling, or other conditions. If you complete the program successfully, you may avoid having a conviction on your record. This can make a significant difference in your life, affecting your ability to find employment, housing, and other opportunities.
Not everyone is eligible for diversion, and eligibility depends on factors such as the nature of the charges, your criminal history, and the policies of the prosecutor’s office. Your defense attorney can advise you on whether diversion might be available in your case.
Making the Right Decision for Your Case
Every assault case is different, and there is no one-size-fits-all approach to defense. The right strategy depends on the specific facts of your case, the strength of the evidence, your goals, and your tolerance for risk. What works for one defendant may not work for another.
At Cannon & Associates, we work with clients to evaluate their options and develop defense strategies tailored to their individual circumstances. We understand how serious assault charges can be and what is at stake for you and your family. Our goal is to help you understand your situation, explore every available option, and fight for the best possible outcome.