Tag: | Assault

It’s All Hearsay…or Is It?

It’s All Hearsay! They don’t have anything. I often hear a client or potential client tell me that the police or prosecutor don’t have any evidence against them. “All they have is hearsay.” But what is hearsay really? Typical cases where hearsay is an issue are the ones where it is a “He said, she said” case such as domestic assault, assault, or criminal sexual conduct charges such as rape. Hearsay is not usually admissible as evidence at trial and lawyers can spend a lot of time arguing over what can and cannot come in as evidence. A simple question…

The Critical Difference Between a Disorderly Conduct and an Assault

5th Degree Assault and 5th Degree Domestic Assault are CRIMES OF VIOLENCE, while Disorderly Conduct is NOT A CRIME OF VIOLENCE.  Although the statutory penalties are the same, up to 90 days in jail and/or a $1000 fine, the AFFECT ON YOUR LIFE AND LIVELIHOOD can be drastic. Crimes of violence can DISQUALIFY YOU FROM YOUR JOB OR LICENSE – EVEN A MISDEMEANOR OFFENSE and EVEN IF YOU DO NOT END UP WITH A CONVICTION – a plea or admission is enough.  A person who is convicted of or admits to committing a 5th Degree Assault or 5th Domestic Assault…