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Avoiding Conviction for Assault or Threats Against Postal Employees
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Avoiding Conviction for Assault or Threats Against Postal Employees
Hey there! Getting charged with assaulting or threatening a postal worker is some serious business. It can land you in a mess of legal trouble with fines, jail time, and a permanent criminal record following you around forever. But if you find yourself in this pickle, there are ways to avoid conviction.Now let’s be clear – assaulting or threatening anyone is not cool. Like they say, two wrongs don’t make a right. But sometimes people get angry, words fly, things get out of control before you can stop it.If you do get arrested for messing with a mail carrier, the first thing you gotta do is lawyer up. Don’t try to sweet talk your way out of it or go it alone. A solid lawyer knows the system and can help get the charges reduced or even dropped.
Claim Self-Defense
If a postal worker comes at you first, you may be able to claim self-defense. Your lawyer can argue you only used the force needed to protect yourself from harm. Usually you don’t have to run away when attacked – you have the right to stand your ground and defend yourself. Just be sure any force used isn’t over-the-top for the situation.
Prove Lack of Intent
To get convicted of assault or threats, the prosecution has to prove you meant to cause harm or fear. If you can show it was just an accident or misunderstanding, it can help your case. Like if you swung your arm while talking and accidentally hit someone, you can argue you didn’t mean it. Or if you said something that came out wrong but you didn’t really mean it as a threat. Your lawyer can argue it was all just a big misunderstanding.
Challenge Identification
Eyewitness identification isn’t always reliable. If the postal worker doesn’t know you and is just picking you out of a lineup or photo array, they may ID the wrong person. An experienced lawyer can challenge the identification by scrutinizing the process and pointing out possibilities for error.
Seek Treatment for Mental Illness
If you have a mental illness that contributed to the alleged assault or threats, tell your lawyer ASAP. Conditions like schizophrenia, PTSD, bipolar disorder, or others may provide grounds for an insanity or diminished capacity defense. Your lawyer may be able to get the charges dismissed if you undergo psychiatric treatment.
Negotiate a Plea Deal
Rather than risk trial, your lawyer may be able to negotiate a plea deal for a lesser offense. This usually involves pleading guilty in exchange for a lighter sentence. The prosecutor may agree to drop the assault or threats charges and let you plead to something like disorderly conduct instead. It’s still a conviction, but without the harsh penalties.
Go to Trial
If no plea deal can be reached, you may have to take your case to trial. Your lawyer will closely examine all the evidence and look for legal errors or investigative screw-ups. For example, if your Miranda rights were violated during questioning or evidence was obtained illegally, your lawyer can get it thrown out. Without enough admissible evidence, the prosecution may be forced to dismiss the charges.Assault and threats charges should always be taken seriously. But with an experienced criminal defense lawyer on your team, it is sometimes possible to avoid conviction. Don’t lose hope – fight the charges using every legal avenue available.