Security Guard Assault Charges: 5 Keys To Defense
Assaults against Security Guards are third degree felonies in Texas. If the assault occurred against a Security Guard who was preforming their duties as a security guard then a misdemeanor assault can be enhanced to a third degree felony. This type of charge offers many opportunities for a Dallas criminal assault attorney to prepare a defense. Here are 5 keys steps to take when preparing the defense in these types of assault cases.
1. Back ground check on the security guard. There should be a background check on the security guard. Security guards often have bad facts in their past which can be used against them at trial. There is often a reason a security guard can’t get a job with a police agency.
2. Determine if there is video. There is often security cameras at any place a security guard is employed. The police do not always retrieve the video footage. The first step to take is determine if there are cameras. If there are then the decision has to be made if you want to try and secure the video. The video will either be really helpful for the defense or really, so it’s important to decide if you want it. A criminal lawyer can do a lot of damage cross-examining the police for failing to secure evidence.
3. Retrieve the Security Guards work records. The criminal lawyer should subpoena the complete work records of the security guards. The records may contain past complaints against the guard or have other valuable back ground information.
4. Interview witnesses. It’s always important to locate an interview any witnesses to the assault. The police rarely find all the witnesses to an assault that occurs in a public place. In this age of cell phone cameras you may discover a video of the assault no ones know about.
5. Visit the scene. The criminal lawyer should always visit the scene of the assault. The lawyer can always cross-examine much better if they have visited the scene. Always take a camera for photographs.