Assault & Battery Attorney in Phoenix, Arizona

Assault & Battery: What issues arise in assault & battery cases?

Phoenix, AZ criminal defense lawyer Robert J. McWhirter discusses the issues that arise in assault & battery cases.

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I’ve had a lot of assault and battery issues, and the interesting issue in most of those cases is who is really the victim and who’s the person who just got to the police officer first. A lot of times the only difference between victim and perpetrator is the person who made it to the police officer first or who had the best story. And a lot of times it involves going into the story, looking at the crime scene, talking to the witnesses, and finding out what really happened versus what the packaged police reports give you. And often you’ll find a totally different story of what happened and the perpetrator is actually more of a victim than the person who is actually charged with the crime. There are particular cases I’ve taken to trial on self-defense issues where my client was charged with major assault, would’ve spent decades in prison for it and also would’ve lost their chance to go back in the military. You know, and we tried the case and won on self-defense because it was actually the “victim” who was the aggressor and who started the whole fight in the first place, and my client was just defending themselves. Those are the issues in assault cases that are important to look into.

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