Aggravated assault case: preliminary hearing cross-examination questions

If you are a defendant charged with aggravated assault, your attorney might be able to help your situation significantly during the preliminary hearing. After the victim testifies on direct examination, your attorney can ask cross-examination questions. One of your attorney’s objectives may be show that the injuries are not serious, so that the charge may be reduced to simple assault or bail may be reduced.

Depending on the facts of the case, your lawyer’s cross-examination of the victim might include many of the following questions:

  • When my client pushed you to the ground, you say that you experienced pain in your back?
  • Were you able to get up from the ground of your own power?
  • No one assisted you?
  • Did you call for an ambulance or did someone else?
  • Did anyone tell you to call for an ambulance?
  • So you didn’t think you needed an ambulance?
  • What treatment did the paramedics give you in the ambulance?
  • Where did they take you?
  • When you arrived at the emergency room, do you remember which doctor you saw?
  • What did he do for you?
  • How long did you stay in the hospital?
  • What was the diagnosis that the doctor gave you at the emergency room?
  • What if anything did the doctor prescribe for you by way of medication or follow-up treatment?
  • Did the emergency room doctor or nurse instruct you to restrict your activities in any way? Did he put those directions in writing? Do you have it?
  • Did you go to work the next day?
  • How long did you stay out of work?
  • Did your boss require that you provide him with some documentation of your condition from a doctor?
  • What did you provide to your boss?
  • Who was it from?
  • Was that the doctor you were seeing for follow-up care?
  • What kind of doctor is he?
  • Did anyone give you a prescription or a doctor’s order to go see that chiropractor?
  • Where are his offices?
  • How often did you see the chiropractor?
  • What kind of treatment do they perform on you at the chiropractor’s office?
  • How did you get to his office?
  • So you were able to drive on your own?
  • While you were at home, were you able to cook and clean on your own?
  • Could you lift things?
  • Play with your children?
  • Were you getting any exercise? What? How often? How does this compare to how much exercise you were getting before you were pushed to the ground?
  • Did you have anyone come in and help you?
  • Were you on any medications? Which?
  • Did the chiropractor doctor instruct you to restrict your activities? Did he put those instructions in writing? Do you have them?
  • Has your insurance agreed to pay for your treatment by the chiropractor?