Assault cases are some of the most vigorously prosecuted cases in the criminal justice system. These cases will almost certainly have a bond set by the judge or a condition of release such as a no contact order. Assault charges range from Assault 4, which is a misdemeanor offense carrying up to a year in jail, to felony assault charges involving an assault on police officers or teachers, or if a weapon is used, or if significant physical injury results.
If you are facing an assault charge contact me, attorney Benham Sims, online or by phone at (502) 589-6190 today or (502) 648-1759 (text after hours).
Under no circumstances should you violate the judge's no contact order. A no contact order means you are not to talk, text, write or call the prosecuting witness. If you are in a McDonald's and the prosecuting witness enters, you must leave the restaurant immediately without making contact with the witness. You are not to drive in front of the prosecuting witness's home or place of residence. You are not to have third parties, such as your family or friends, contact the witness on your behalf. Do not text or post comments on Facebook, Twitter or MySpace regarding your case or the prosecuting witness.
If the prosecuting witness attempts to contact you after the judge has advised you to have no contact, you still must obey the judge's order and avoid contact. Please direct the prosecuting witness to contact me. You may not contact or communicate directly or in response to the prosecuting witness's attempt to contact you until and unless the court amends the order and permits contact. If one court permits contact but you remain under a no contact order from another court, you are not permitted to have contact; both courts must amend their orders to permit contact. If you have any questions regarding your no contact order, please contact me immediately. If necessary, we may decide to re-docket your case and ask the judge for clarity. Judges rigidly enforce no contact orders and do not hesitate to incarcerate those who violate them.
If the alleged victim leaves messages, texts you, posts on Facebook or any other social media, emails you or contacts you, please remember to save this evidence of his or her conduct. If a prosecuting witness contacts you, you must advise your attorney. You also must assume that any contact you have made with the prosecuting witness has been recorded and turned over to the police for prosecution. Please do not make your case any more difficult than it already is by having further contact with the prosecuting witness and his or her friends and family. The judge is likely to view such contact as a violation of the no contact order, and you may be imprisoned for up to one year for violation of a written no contact order. In addition, such conduct substantially weakens your attorney's ability to represent you. Remember, you must tell your attorney everything, including the bad with the good.
Any violation of a written no contact can result in an additional jail sentence of one year. A domestic violence charge can be enhanced to a Class D felony when the defendant has two prior assault convictions within five years and the requirements of KRS 508.032 are met.
If you're charged with assault or domestic violence, it is imperative that you meet with an experienced criminal attorney immediately. If the "alleged" prosecuting witness emails, texts, posts on Facebook, tweets, leaves a voicemail or contacts you in any other manner, please remember to save this evidence of his or her contact. If you have any contact in violation of the court order, you must assume that the prosecuting witness has shared your statement, threat or apology with the prosecutor or the police. The only way to protect yourself is to follow the orders of the court and the recommendations of your attorney.
To schedule a free consultation, contact me online. Or you can call my office at (502) 589-6190 or (502) 648-1759 (text after hours).