Criminal Law Questions? Ask a Criminal Lawyer.
Good morning. I certainly understand the situation and your concern. Have you spoken with the military and ask if and how this could and would effect your service? Also, has the son been deposed, who was there and if so, did he testify to what was stated in the report?
Thank you. The decision to take a plea is based upon 1) the strength of the case which the State has and is prosecuting you on and 2) what the evidence shows or what defenses you have, to the allegations. In this case, it will be the testimony of the women, who claims you held her hand behind her back and that of her son, who was present as well. Of course, both you and your brother can testify and present evidence to show you 1) did not hit her and 2) were acting in self-defense, if she was striking your brother or you. You do not have to take a plea and can go to trial and the burden is on the State, to prove the charge against you, beyond a reasonable doubt. You also need to see what effect this will have on your service, so you do not want to plea to anything if he may result in your being kicked out or have a negative effect on you. It may be a situation whereby you need to go to trial, if the plea will hurt and not help you. Your attorney will likely need to depose the son and see what happened here, if he is going to testify at trial, since his version of the story may help or hurt you.
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I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!