My husband has been charged with aggravated assault, assault, & child endangerment his discovery consists of a handful

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Customer: My husband has been charged with aggravated sexual assault, sexual assault, & child endangerment his discovery consists of a handful of statements from the alleged victim and a few others which are full of inconsistencies, medical reports from an exam done on the alleged victim, jail call transcripts, and a photo of my husband's genitalia. After reviewing everything it seems all they have is circumstantial evidence at best, ***** ***** that enough to get a conviction if so why and how?
Answered by RayAnswers in 1 min 1 year ago
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RayAnswers, Expert

Hello! Thanks for using JustAnswer. My name is ***** ***** I am an attorney for more than 35 years ready to answer your questions with top-quality service. Just a few quick notes before we get started:

I’m sorry to hear you are having these problems with your legal issue. I know that can be frustrating. But we can get this resolved quickly;

There may be a slight delay in my responses. Your patience is greatly appreciated..

The information provided is general information, no attorney client privilege exists.

After reviewing everything it seems all they have is circumstantial evidence at best, ***** ***** that enough to get a conviction if so why and how?

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RayAnswers, Expert

The state here has to prove up the crimes beyond a reasonable doubt if it goes to trial. I will tell you that many of these cases settle with plea deals because of the seriousness of the crimes. If all they have is circumstantial evidence your lawyer may be able to raise reasonable doubt. But many of these cases lack any witness that observed the crime other than the victim. It may come down to who the judge or jury believe. Witness credibility can be crucial.

Does that clarify your situation, thanks?

Customer
My husband has already been an initial offer from the prosecutor which is 10 years for first degree sexual what would prompt the prosecutor to increase or decrease that number? He's already been incarcerated for a year and has no prior criminal history.
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RayAnswers, Expert

Maybe your lawyer can counter for less years here, but this is serious so he has hard decisions to make.

Customer
There are other inmates that my husband had been incarcerated with that had similar charges, confessed to their crimes and were given time served and released. Both were repeat offenders, both had the same charges with underage victims & one of them admitted to his crimes. The one who admitted spent 16 months in county jail and was given PSL, Megan's Law, time served and was released. The other spent 15 months in county jail & was initially offered 6 years, then was offered time served, PSL & megan's law he was also released. The evidence in my husband's case is circumstantial at best so how can we beat his case or get a similar deal as the others?
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RayAnswers, Expert

If you are able to hire a lawyer as opposed to a court appointed one that would be the best thing you can do. Not sure if that is possible.

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RayAnswers, Expert

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RayAnswers, Expert

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