Benham J. Sims, III
Attorney at Law

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Charged with Assault in Louisville, Kentucky - A lawyers perspective


Assault cases are some of the most vigorously prosecuted cases in the criminal justice system. These cases will almost certainly have a bond set by the Judge or a condition of release such as a no contact order. Assault Charges range from Assault 4 which is a misdemeanor offense carrying up to a year in jail to felony assault charges involving assaults on police officers or teachers, or if a weapon is used, or if significant physical injury results.

You must not, under any circumstance, violate the Judge's no contact order. A no contact order means you are not to talk, text, write, or call the prosecution witness. If you are in a McDonald's and the prosecuting witness enters, you must leave the restaurant immediately without having any contact with the witness. You are not to drive in front of the prosecuting witness's home or place of residence. You are not to have third parties, such as your family or friends, contact the witness on your behalf. Do not text or post comments on Facebook, Twitter, or MySpace regarding your case or the prosecuting witness.

If the prosecuting witness attempts to contact you after the Judge has advised you to have no contact, you still must obey the Judge's order and have no contact. Please direct the prosecuting witness to contact me. You may not contact or communicate directly or in response to the prosecuting witness attempt to have contact with you until and unless this Court amends the order and permits contact. Even if one court permits contact, but you remain under a no contact order from another court, you are not permitted to have contact until both courts have amended their orders to permit contact. If you have any questions regarding your no contact order, please contact me immediately. If necessary, we may decide to redocket your case and ask the Judge for clarity. Judges rigidly enforce no contact orders and do not hesitate to incarcerate those who violate their orders.

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