Most people assume that being charged with a crime means they’re better off either pleading guilty right away or accepting a plea deal to get things over with faster. Prosecutors sometimes present evidence early on, and that can pressure defendants into pursuing a fast resolution to avoid dragging out their case. However, criminal charges are only accusations. No matter what it looks like, elements of your case can be challenged in ways that alter the outcome in a more favorable way.
If you’ve been charged with a crime, before entering a guilty plea, it’s essential to know that the consequences can follow you for years, and certain convictions carry larger sentences and fines than others. Sometimes it’s worth taking a plea deal, and sometimes it’s better to go to trial. It’s almost never a good idea to plead guilty right away because you’ll immediately lose the ability to fight your case and appeal your conviction.
The more serious the charge, the more important it is to get a lawyer and fight.
Here are six criminal charges you should always fight.
- DUI charges
Being charged with driving under the influence of alcohol or drugs might seem like a simple case since prosecutors typically rely on breath or blood tests that seem set in stone. However, DUI cases can involve a lot of questions. For instance, the initial traffic stop has to have been lawful for the DUI charge to stick. If you can prove there was no legally valid reason to stop your vehicle, you might get your charges dropped even if you blew over the limit.
While not common, it is possible that the breathalyzer produced an error because it wasn’t maintained or properly calculated. If you can prove the equipment wasn’t working properly you might be able to get the associated evidence thrown out.
There’s also a possibility that medical conditions and diet influenced your breath results. For example, criminal defense attorneys have proven that just eating a honey bun or drinking certain beverages can produce a high BAC reading when a person hasn’t consumed any alcohol at all. And if you happen to be in ketosis – intentionally or not – that can also trigger a false positive or exaggerated reading since breathalyzers can mistake ketones for alcohol.
- Theft charges
If you’re charged with theft, your case will likely involve proving intent, ownership, and identification. The prosecution needs to prove you intended to deprive someone of their property, establish that the property was owned by the individual in question, and prove that you committed the crime. If there’s any dispute about who actually owns the stolen property, it can lead to a case dismissal.
- Assault charges
Allegations of assault are serious and often arise from arguments or situations involving multiple people who provide conflicting accounts. While witness testimony can be helpful it’s not always accurate. When multiple witnesses tell different stories it becomes hard to discern what really happened.
Sometimes people facing charges assume that if the other party is injured, that’s enough to establish guilt. However, an injury doesn’t establish who started the altercation or who caused the injury. And since protecting yourself is a valid legal defense, some assault charges are dropped on the basis of self-defense.
- Armed robbery
Like any other charge, the facts must be proven in an armed robbery case. Sometimes witnesses only briefly observe a weapon, or they see a weapon that wasn’t really there. Surveillance footage can be grainy or blurry, and cooperating witnesses sometimes shift blame. Prosecutors have to prove multiple legal elements, and if there’s any doubt, they might not be able to prove their case.
- Domestic violence
Domestic violence charges often have limited physical evidence. Sometimes witnesses didn’t see everything that happened, or they were too far away to observe in full. If you’re charged with domestic violence, it’s essential to contact a criminal defense attorney right away to secure the best possible outcome for your case.
- Sex crime charges
Being charged with a sex crime can have life-altering consequences even before your case reaches the courtroom. Many of these cases depend on competing accounts and have little physical evidence. When there is physical evidence, it has to be examined, and there’s no guarantee it will be enough to secure a conviction.
Never assume a charge means you’ll be convicted
Being charged with a crime doesn’t mean you’re destined to get convicted. Cases often contain factual errors and weak evidence that can be disputed by a good attorney. Whether you choose a trial, a plea agreement, or plead no contest, your decision should be based on a solid understanding of the evidence against you rather than the assumption that you’ll lose anyway.
