At the start of your criminal case, you will attend an arraignment hearing, where you will be informed of the assault and battery charges against you and be asked to enter a plea. How you plead at this time impacts many things about your case moving forward. However, it’s not uncommon for circumstances to change and warrant the alteration of a plea after the fact, particularly in assault and battery cases where new evidence often comes to light during trial.  

This is most commonly the case with a guilty plea, where the defendant decides later on that they should not have plead guilty to assault or battery. Here’s what to know about your options about revoking or withdrawing a guilty plea and how to get legal help when you need it most. 

What Is a Plea Withdrawal?   

A defendant may have the option to withdraw a guilty plea if their case meets certain criteria, usually if the defendant’s case was mishandled or they were denied a constitutional right. Some unique circumstances that could allow a defendant to qualify for a plea withdrawal include but aren’t limited to: 

• The alleged victim of the crime recants and claims no assault took place 
• The defendant’s guilty plea was entered by their lawyer without their consent 
• The defendant was threatened or coerced to plead guilty to assault by an outside party or their lawyer 
• The defendant was not of legally sound mind when the guilty plea was entered (e.g. intoxication) 
• New evidence about the alleged assault incident is brought to light 

Two Ways to Withdraw a Guilty Plea in an Assault And Battery Case:  

There are generally two ways a guilty plea can be withdrawn in an assault and battery case: 

Before Sentencing 

After your trial but before sentencing takes place, there may be time where a judge has yet to accept your guilty plea. This is often when you can withdraw it, but the prosecution can do the same and revoke any plea deals they offered as well. 

Following Sentencing 

If you want to withdraw a guilty plea to an assault and/or battery charge after you’ve already been sentenced, you’ll find this is more difficult to do. You’ll need to show solid evidence that one of the above-mentioned injustices in your case prompted you to plead guilty and you would not have done so otherwise. 

Get Sound Legal Advice from a Cape Cod Criminal Defense Lawyer Today  

Being charged with assault and battery is a serious matter. If convicted, you can face fines, jail time, a restraining order, and a permanent criminal record. Withdrawing a guilty plea may be the best course of action for your unique circumstances. 

Get the help of an experienced Cape Cod criminal defense attorney Thomas Kokonowski at 774-561-2689.