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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27066
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have been charged with my second assault and battery charge,

Resolved Question:

I have been charged with my second assault and battery charge, what could I be facing? I am willing to take a polygraph test to prove my inocennts will this work?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.

Before I answer your question, could you please tell me the following:

Was your first Assault and Battery charge a misdemeanor or a felony? What was your sentence?

Does this matter involve the same or different complainants?

Are these new charges misdemeanor or felony charges?

When you say you are innocent, are you saying that the incident you are charged with is a total lie on the part of the complainant? Or was there some kind of dispute that got physical but that you think shouldn't have gotten you arrested for assault?

Customer: replied 7 years ago.


The first and second are a misdemeanor charge. My sentence was 2 years probation and anger management.


It does involve the same person.


The new charges is a misdemeanor I was let go.


Yes I am saying that I did not grab her arm. I did not touch her in anyway. There was a dispute, as I am living in a garage with no toilet, no sink and no shower. She has some other guy there staying... and my name is XXXXX XXXXX lease. I was not told I do not get to live there but she locks me out.

Expert:  Zoey_ JD replied 7 years ago.

Thanks for the quick reply. As you already suspect, you are unlikely to get a plea offer this time as generous as last time and given that, plus your assertion that you had nothing more than a verbal dispute with this complainant, you may have to take this case to trial.

Stakes go up each time a defendant is alleged to have committed a crime. And here it is alleged that you committed the same type of crime against the same complainant. You haven't said so, but it also looks to be a domestic matter, which doesn't improve your position. And on top of it all, you've already been sentenced to probation and anger management, so that won't be offered to you again this time.

Simple assault and battery in Virginia are Class 1 misdemeanors. That means that if you are convicted you could do up to a year in jail. If you can afford to hire a lawyer you should get him involved in your case as soon as possible. If not, plead not guilty when you go to court, tell the judge you do not have the financial means to retain counsel and ask him for a public defense attorney. Based on my experience, any offer you get this time around will probably involve at least some jail, and, as I've said, you may have to try this case to do better than that.

Defendants in this country do not have to prove their innocence. The state has to prove guilt, and prove it beyond a reasonable doubt, at that. In general, polygraphs are not admissible in court unlelss both sides agree that it should be, but they can be useful anyhow. They may not be as reliable as other types of evidence but they are still reasonbly highly regarded.

Do not discuss getting a polygraph with anyone other than your lawyer. Remember that anything you say as a defendant can be used against you. Anything you say to your lawyer, however, is in strict confidence and cannot be used to hurt you. Once you have your lawyer, tell him that you didn't do anything wrong and that you are even willing to take a polygraph test on that. Your lawyer can help you arrange the test. If for any reason, the test comes back positive, your lawyer's professional obligation to you prevents him from telling anyone about that, and the prosecutor, the complainant and the judge will never know about it and can't use it against you at trial.

If, on the other hand, the test comes back and shows that nothing unlawful did happen between you and the complainant, then your lawyer can let the judge and prosecutor know that that you have passed it and that the defendant is lying about the charges. That would make the prosecutor look differently at his witness and compel him to investigate her claims more closely. It could also result in a dismissal, or a reduction of charges to something where you could resolve this case without worrying about jail time.


If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

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