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Tag: Domestic Assault

It’s All Hearsay…or Is It?

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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…

You hear it on TV and in the movies, “You have the right to remain silent…” But what does it mean?

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On more than one occasion, I have spoken to someone who tells me, “ They didn’t read me Miranda when they arrested me.” They think that this means that the arrest was bad and that the case will get thrown out.   But, the Mirandawarning you hear on TV and in the movies has nothing to do with the validity of the actual arrest – even though it is almost immediately recited to the “perp” upon arrest in the entertainment realm.  “You have the right to remain silent. Anything you say or do can and will be held against you in a court of…

The Critical Difference Between a Disorderly Conduct and an Assault

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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…

You Don’t Have to Touch Someone to Commit an Assault

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There are TWO DIFFERENT WAYS that the state or a police officer can CHARGE YOU WITH ASSAULT.  The FIRST way is conduct that most people would call assault – HITTING OR STRIKING SOMEONE and causing him or her harm.  The statute provides that a person is guilty of assault if that person “intentionally inflicts or attempts to inflict bodily harm upon another.” The SECOND way to be charged with assault involves less obvious conduct.  The statute provides that whoever “commits an act with intent to CAUSE FEAR in another of immediate bodily harm or death” is guilty of assault.  This…

No Contact Orders – They Can Contact You, You Can’t Contact Them

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This confuses many people.  A no contact order is a court order that orders you not to have contact with a certain person.  This person, however, can contact you as much as they choose. They can text, call, email, or Facebook message you every hour on the hour.  But, you CANNOT RESPOND.  If you respond at all, the person can report your violation to the police and this could result in CRIMINAL CHARGES. Depending on your history, it could result in a FELONY CHARGE. A response of “stop texting me”, “I love you”, or “I’m sorry” can result in criminal…