Factors Impacting New York Assault Cases
When resolving a case, there are several aggravating, and mitigating factors prosecutors and the court will consider. An attorney can help explain the factors impacting New York assault cases and how they may affect your case.
A highly qualified assault lawyer can work to help find mitigating factors that can positively impact your case and refute aggravating factors. By working with an experienced attorney, you can work towards the best possible resolution in your case.Factors Prosecutors Will Consider in Assault Cases
With any case, there are potential aggravating and mitigating factors that may affect how it is treated by prosecutors in New York. The prosecution, when talking to the defense attorney, may claim that there are aggravating factors that make this case worse. These include claims that a deadly weapon was involved or that an attack was especially malicious.
The defense attorney may also discover mitigating factors, including that this is the first time this person has ever been arrested. If the alleged attacker is an alleged domestic abuse victim who finally fought back, that could also be a mitigating factor.
The prosecutors and defense attorneys have a responsibility to analyze every case, including the aggravating and mitigating factors, to come to a fair resolution. Then, they present that to the judge.Aggravating and Mitigating New York Courts Will Consider
Courts largely are not directly involved in a case like this until the latter stages. Before the trial, the court ensures that the prosecution and defense are upholding their discovery obligations and are following proper procedures. The courts rarely step in to consider aggravating or mitigating factors at this stage because they typically do not get involved in plea negotiations.
There are times when there is an agreed-upon plea deal that the court feels is unfair. In those instances, they may intervene. For example, if the court feels that the prosecutor is letting the person off too easily, it may point out some aggravating factors to the prosecutor.
In extremely rare cases, the court could reject a plea deal. All plea-negotiated deals have to be approved by the court before they are entered. It is rare that a court would decline, but it is possible.
On the other hand, if the court feels that a defense attorney is agreeing to take a plea that is extremely harsh, they might ask if they are sure that you want to do that and if they want to lay out some of the mitigating factors for the prosecutor and talk to them about why they think it is too harsh. In general, the courts take a more watchful role rather than an active role. They may consider aggravating or mitigating factors, but they do not typically insert themselves into the middle of a negotiation.Learn More About the Factors Impacting New York Assault Cases
Both the prosecution and the court will consider several aggravating and mitigating factors when seeking a resolution for an assault case. To learn more about the factors impacting New York assault cases, reach out to an attorney for a consultation. Call today to get started on your case.