Driving away from (gf) house she throws a zippo threw window strikes driver(bf) in the head and almost passenger, (gf) runs to the car to (grab pictures) through the driver window. Driver thinks she is attacking driver tries to push her out of the window, she grabs drivers hair driver tries to grab her and pull off ends up grabbing her hair as well finally pulled apart. two days later driver charged with assault dv4 from the state driver pleads not guilty. (gf) has a statement admitting to throwing and striking driver(with passenger) while leaving then running up to the car when stops(but states was only tryng to grab pictures. driver has no statement yet but is driver more or less likely to get charged with assault?
DUI / DWI Attorney
My hope for you is that you will retain a criminal defense attorney Soon. From your question it appears that you were not represented by a retained attorney. If that is the case, at that stage of criminal proceeding the judge only needs to be presented enough evidence to reach probable cause determination to consider the charges against the accused. If there is no opposing counsel presenting your side (criminal defense attorney) to rebutt that probable cause statement- then the state's evidence will only be the consideration before the judge.
It is the government who makes the charge or accusation. The alleged victim becomes a witness for the government's case.
When an individual is accused of an assault, one defense would be a self-defense claim. People accused of a crime are innocent until proven guilty. The burden is upon the government's prosecutor to prove the case beyond a reasonable doubt that the accused person committed the offense. Also, you should know that, under Washington law, you may be entitled to cost reimbursement by the State if the jury does in fact find you not guilty on a claim of self defense.
Court rules, procedures and the law dictate which evidence can be presented at a trial. Depending on whether the witness has a clear criminal history, a witness who can testify as to what they personally saw and heard at the incident would be tremendously helpful and would cooraborate the accused person's version.
I encourage you to check Avvo.com and Martindale.com to find a criminal defense attorney in your area.
Good luck. Sharon