Have you been accused of or are you facing criminal prosecution for violent crime? This may specifically involve the crimes of battery, robbery, extortion, manslaughter, or murder.
In the case of intentional battery, it is first examined whether the act constitutes a misdemeanor or a criminal offense. According to Section 122 of the Criminal Code, “bodily harm shall mean such a state consisting of a health disorder or other illness which, by interfering with normal physical or mental functions, makes the victim’s usual way of life difficult, and not just for a short period of time, and which requires medical treatment.” The phrase “not just for a short period of time” simply means that the victim is unable to work for at least 7 days. If it is less than 7 days, the conduct can only be classified as a MISDEMEANOR, and you are clear of criminal prosecution.
Has the police contacted you to provide an explanation or attend an interrogation? Are you already facing a court hearing? In such cases, it is advisable to be represented by a lawyer specializing in criminal law who can assist you with the entire situation. Their task is to ensure the most favorable outcome for the client in criminal proceedings. This is fundamentally achieved by supervising the legality of the procedures of law enforcement authorities (police, prosecutor, court) and ensuring the rights of the accused are respected, such as whether the victim’s condition is serious enough to justify criminal prosecution rather than handling the matter as a misdemeanor. More importantly, they will devise a comprehensive defense strategy and perform the actions described below.
The Roles of a Defense Attorney in Criminal Proceedings
The fundamental goal of a defense attorney is to PROVE THE INNOCENCE OF THE ACCUSED. Therefore, they seek evidence in the client’s favor, dispute and refute evidence against them, ask appropriate questions to witnesses and victims, and utilize their expert knowledge of laws and judicial precedents.
In some cases, the evidence against the accused is difficult to challenge; therefore, the defense attorney strives to ensure the outcome of the criminal proceedings is at least as lenient as possible. This means the attorney’s task is to SECURE A CONVICTION FOR A LESS SERIOUS OFFENSE and a LIGHTER SENTENCE.
Criminal Proceedings for Violent Crimes
In violent crimes, the key factor is the nature and severity of the consequences caused to the victim. This involves medical examinations and assessments by an expert witness. In their expert report, the witness determines, for example, whether the crime of battery resulted in damage to a vital organ, how long the victim will recover, and what the lasting consequences are or will be. The legal classification of the crime—whether it will be treated as battery or grievous bodily harm—depends on these findings. If the act is committed against a child or a pregnant woman, for instance, it is a circumstance that warrants a higher sentencing range.
The accused themselves often undergo a psychiatric evaluation to determine if the crime was committed in a state of insanity (due to a mental disorder or after consuming alcohol or another addictive substance).
In the event of the victim’s death, it is determined whether the act constitutes manslaughter or murder. The difference lies in the fact that a perpetrator commits manslaughter if they intentionally kill another in a state of strong agitation caused by fear, shock, confusion, or another excusable mental movement, or as a result of previous reprehensible conduct by the victim. In contrast, murder is the simple intentional killing of another. Therefore, in criminal proceedings, law enforcement authorities should examine whether the conditions for manslaughter are met; however, the police often fail to investigate this sufficiently, which is why a defense attorney must oversee this and potentially propose a change in the legal classification of the act.
If a law enforcement authority subsequently believes that a person has committed a crime, they will initiate criminal prosecution and issue a resolution to that effect. Criminal prosecution can only be initiated if the police authority finds that there are justified facts indicating a crime was committed and if the conclusion that it was committed by a specific person is sufficiently justified. The resolution to initiate criminal prosecution must describe, at least in broad terms, why the accused is being charged with the given crime and on what evidence and facts the police authority is basing its decision. If these requirements are not met, it is appropriate to file a complaint. The accused may file a complaint against this resolution within 3 days, which will be reviewed by the supervising public prosecutor. If the criminal prosecution continues, the case goes to court, where interrogations of witnesses, the accused, and victims take place. Furthermore, documentary evidence, protocols, laboratory reports, and expert opinions are presented. This is the core of proving the guilt of the accused, and it is necessary to dispute every piece of evidence brought against them.
Choose a Defense Attorney as Soon as Possible
Criminal proceedings consist of several consecutive stages. For the best development of a client’s case, it is essential that their defense attorney is involved from the very beginning. If a lawyer joins the defense at a later stage, it may no longer be possible to help the client fully, and they may only be able to mitigate the consequences.
I Am a Victim or an Injured Party of a Crime
The Law Firm of JUDr. Marek Matěna in Olomouc, Ostrava, Pardubice, Frýdek-Místek, and Zlín also assists victims of crime and injured parties. A victim can only be a natural person who has suffered physical, psychological, or property harm. An injured party can also be a legal entity. If a client chooses us as their legal representatives, we will ensure that the court grants them compensation for damages and non-pecuniary harm suffered as a result of the crime.
AK Matěna Supports Clients in Difficult Times
The Law Firm of JUDr. Marek Matěna in Olomouc, Ostrava, Pardubice, Frýdek-Místek, and Zlín has long specialized in criminal law. Therefore, if you are dealing with providing an explanation or an interrogation at the police, facing a main trial, have received a summary conviction order, or are conversely a victim or an injured party of a crime, or have any other legal problem, do not hesitate to contact us. Our law firm will attend to you immediately and assist you with everything.
