Many people who are accused of crimes are understandably anxious about their situation and the penalties that they may be facing. Often, it is possible to avoid or minimize the consequences of a criminal charge, especially with knowledgeable legal representation on your side. If you have been arrested and need to discuss your situation with a skillful criminal defense attorney in the Richmond area, Margaret B. Davis is here for you. You can call or text our office at any time. We understand that emergencies arise at all hours of day or night, and we are ready to provide the personalized guidance that you deserve. Margaret B. Davis regularly represents people who have been charged with offenses such as DUI, reckless driving, speeding, possession of marijuana, larceny, assault and battery, and others.
Most crimes have a list of elements that the prosecution must establish beyond a reasonable doubt to secure a conviction. In an assault case, for example, the prosecution must prove that the defendant either attempted or threatened to inflict a bodily injury on another person and that the defendant had the apparent ability to carry out the threat. Some crimes have elements that relate to the defendant’s intent or mental state as well as the acts that the defendant allegedly carried out. These also must be proved beyond a reasonable doubt, which may be challenging at times.
A defendant in a criminal case has many rights to potentially assert, including those provided by the U.S. Constitution. They are protected from self-incrimination and, in most cases, from searches and seizures of their property that are not supported by a warrant and probable cause. Successfully asserting a constitutional defense may lead to the exclusion of certain evidence, which may affect the prosecution’s ability to prove one or more of the elements of the crime. Other constitutional protections include the right to a speedy trial, the right to remain silent, and the double jeopardy rule, which prevents a defendant from being tried twice for the same offense. The circumstances in which these rules apply are often complex, so it is important to retain a knowledgeable lawyer who will understand how to craft an appropriate argument for your case.
Moreover, a Richmond criminal defense attorney may cross-examine the prosecution’s witnesses to challenge their credibility, seek to establish an alibi for the defendant, or raise other defenses. In an assault case, for instance, self-defense may be a useful argument to pursue if the defendant was responding to another person’s aggression. Some defenses are “affirmative defenses,” which means that the burden of proof shifts to the defendant, who must then prove that they are entitled to that defense. However, the standard of proof is much lower in these situations than the beyond-a-reasonable-doubt standard that the prosecution must meet in the case overall.Seek Zealous Representation from a Criminal Defense Lawyer in Richmond
Margaret B. Davis is familiar with how the criminal justice system in Virginia functions on many levels. She recognizes how important it is for someone charged with a crime to defend themselves to the fullest extent possible to minimize or avoid any penalties, such as jail time and fines, the loss of a driver’s license, community service, or probation. She also understands the real-life effects of a criminal record upon your employment status, educational prospects, and civil rights. This inspires her to fight hard for each person who seeks her assistance. Call Margaret B. Davis at (804) 354-8800 or contact us online to set up a free initial consultation at which you can discuss your situation and start exploring your legal options. She represents people who need a DUI attorney or assistance in fighting many other types of charges in Midlothian, Chesterfield, Chester, Glen Allen, Tuckahoe, Petersburg, Mechanicsville, Ashland, Williamsburg, Colonial Heights, Bowling Green, Ruther Glen, Goochland, or Hopewell, as well as other areas of Henrico, Chesterfield, Caroline, Goochland, Hanover, James, Mathews, New Kent, and Petersburg Counties.