Charleston, SC, faces a significant number of both criminal and civil cases that often intersect in complex ways. The Charleston County Court System processes thousands of misdemeanor charges annually, ranging from simple assault to disorderly conduct, with many of these cases later affecting related civil injury claims. Understanding how these legal areas overlap becomes crucial when navigating the dual challenges of criminal charges and injury compensation.
Criminal law can be tricky due to the interplay between different categories of cases. Although a misdemeanor charge is a lesser offense, it can play a major role in a civil injury case. Knowing how these two areas of law are combined may help a person better sort through their situation with the assistance of experienced legal professionals like Hopkins Firm. This post examines the impact of a misdemeanor charge on your civil injury case, as well as tips on dealing with these issues.
Understanding Misdemeanor Charges
Misdemeanors are crimes that are less serious than felonies. They may involve offenses like larceny, simple assault, or disorderly conduct. Although these are not serious criminal charges, they have ramifications beyond criminal records. If the misdemeanor case is prosecuted, a person could get fined or spend time in community service or jail. Furthermore, these charges create issues in subsequent civil cases, as people who are injured will want to seek compensation.
Impact on Credibility
Credibility is essential in a civil injury case. Having a misdemeanor charge hanging over the heads of any of those involved makes them appear less credible. One example of how this could come into play is if the person charged with a misdemeanor is a plaintiff in a civil injury case, whose truthfulness may be questioned. Alternatively, the defense may argue that the accused has a history of criminal behavior, suggesting he or she is likely to lie or act carelessly. It is a strategy that can influence the opinion of a jury, making it very difficult for the plaintiff to prevail in the case.
Legal Strategies and Defense Tactics
In civil suits, defense attorneys often use a plaintiff’s misdemeanor charge to their advantage. This charge can draw focus away from the injury claim or somehow discredit the plaintiff and create doubt. These kinds of allegations about a misdemeanor may not be directly related to the case, but what they might do is allow the defense to weaken the case of the plaintiff without directly addressing the injuries. This is especially problematic if the misdemeanor charge is related to the incident that caused the injury.
Influence on Settlement Negotiations
Misdemeanor charges make their way into settlement discussions as well. According to the Bureau of Justice Statistics, civil cases involving defendants with prior criminal records often result in lower settlement amounts. Insurance companies and opposing parties might see the charge as a reason to offer a smaller settlement. They might also think that the plaintiff will risk less time and effort at trial and accept a lower offer. Such perception can either prolong negotiations or potentially result in an unfavorable settlement for the injured party.
How to Handle Being Charged with a Misdemeanor
A misdemeanor charge is a hurdle, but steps can be taken to lessen the impact on an injured person’s civil case. Legal representation is essential. An experienced attorney can navigate the complexities of the situation, providing guidance and advocating for their client. This allows them to address the misdemeanor charge separately, to separate it from the injury claims, and to focus on the facts of the case.
Presenting a Strong Case
To build a strong case, you will need to gather solid evidence that supports the fact that your injuries did occur. The plaintiff’s case can be supported by medical records, witness statements, and expert testimony. The plaintiff who can prove the evidence clearly can redirect the dispute from the misdemeanor charge to the validity of the injury claim. It also serves to strengthen the credibility of the plaintiff and prevent the discrediting of the case.
Communication and Transparency
Speaking openly with attorneys is critical. Anyone who is charged with a misdemeanor should speak with his or her attorney immediately about all aspects of both cases. This enables the legal team to develop a solid defense strategy while anticipating potential obstacles and addressing them proactively. Discussing both the misdemeanor charge and the injury claim early keeps the criminal charge from dominating the conversation regarding injury compensation.
Conclusion
When a civil injury case is complicated by a misdemeanor charge, it creates problems for the credibility of the injury claim and can affect negotiations to settle the case. But these challenges can be overcome with proper legal support and an emphasis on strong evidence. By understanding its potential effects and taking preventive measures, injured parties can still succeed in their civil injury case. Dealing with the burdens that a misdemeanor charge can put on your life is all about proper preparation and legal strategy.